Effects of the Cuts on Health and Safety Philip Liptrot Thompsons Solicitors IER 22 May 2012.

Effects of the Cuts on Health and Safety

Philip Liptrot

Thompsons Solicitors

IER 22 May 2012

Disaster, despair and misery

Disaster, despair and misery

Disaster, despair and misery

• Sir Richard Leese - February 2011

Mind the Gap

• Lord Young• HSE budget• Public sector cuts• Lofstedt review• Jackson review• Elf ‘n’ Safety

Health and Safety Gap

Young At Heart

Common Sense?

“The standing of health and safety in the eyes of the public has never been lower. Newspapers report ever more absurd examples of senseless bureaucracy that gets in the way of people trying to do the right thing …a damaging compensation culture has arisen. Businesses are drowning in red tape and a fear of being sued even for the most minor of accidents”

David Cameron, October 2010

Some of the recommendations

• Simplify risk assessments for “low risk” workplaces – offices, classrooms and shops

• RIDDOR reporting – over 3 to over 7 days

• Cut bureaucracy for small businesses

Get rid of RIDDOR?

• 3 to 7 days

• 50% compliance

• Fewer inspections and investigations

Employers less accountable

Perception of safety

Complacency

Small business bureaucracy

• Risk assessments

• Employment laws

Unfair dismissal 2 years

No fault dismissal

Tribunal fees

Increased risk to workers

Raising Standards

• “The Health and Safety Executive (HSE) plays a vital role in the promotion of health and safety”

• 5 days later …. 35% cuts to HSE budget!

In touch with working people?

• “For the vast majority of people in the country today, they have never had it so good ever since this recession - this so-called recession - started...”

Lord Young, 18 November 2010

• “I feel that it would be right to resign forthwith from my position as your adviser”

Lord Young, 19 November 2010

Alternative title?

“Unionised workplaces are safer workplaces”

Safety Last

35% cut in HSE budget

• Fewer inspections

• Fewer investigations

• Fewer prosecutions

Employers even less accountable

Devil is in the detail

• 2009/2010 < 50% of fines in workplace deaths > 1% annual profit

• HSE prosecutions halved since 2001

• 1 in 19 major/fatal injuries investigated

Hidden Killer

• Hidden Killer campaign

• 20 construction workers a week dying of asbestos related disease (Risks 379)

• Next phase of education and information campaign October 2010

Disaster, despair and misery…

• 700,000 public sector jobs 2014/15

• 15% cut in mental health service/jobs

• School building programme

• 3000 fewer prisoners

NHS

• 50,000 jobs in 5 years

• 6,500 jobs at risk across 53 mental health trusts

Increased pressure on existing workers

Lofstedt v Cameron

• “The general sweep of requirements set out in health and safety regulation are broadly fit for purpose”

Lofstedt - Reclaiming Health and Safety for All November 2011

David Cameron 5 January 2012

• “Lord Young and Professor Ragnar Löfstedt have reported back on how we can bring some sense back to health and safety. As a result, we're making some big changes:

• businesses will no longer have to report minor accidents; • up to a million self-employed workers will be exempted from health and safety regulation

completely; • the Health and Safety Executive begins the task of abolishing or consolidating up to half of

existing regulations. • On top of this, we'll change the health and safety law so that businesses are no longer

automatically at fault if something goes wrong. Too often they are held responsible even if they have done everything they can to prevent an accident.

• Our plans will deter the speculative health and safety chancers and those who leech off good businesses

Lofstedt v Cameron

• ‘No case for radically altering current health and safety legislation. I am concerned my review could be misused. ’

Lofstedt 19 January 2012

The Jackson Review

Effects

• Inequality of arms

• Access to justice denied

• Fewer claims

• Stagnant case law

• Employers less accountable

• More money to insurance company coffers

Myths …

• Health and safety officers ban pancake raceDaily Telegraph 17 February 2010

• “A headmaster has bought his pupils safety goggles in a bid to stop a bonkers council banning games of conkers”Daily Mail 4 October 2004

• Station bosses ban fireman pole amid health and safety fearsThe Mail Online 4 August 2006

Realities …

• Roadworker laying tarmac when ramp used to put roller on truck collapsed

• No steel ramps only planks available

• No risk assessments

• 28 operations

Realities…

Realities…

• Factory worker using sawing machine

• Cutting metal bars

• Secured clamps

• Amputation of 4 fingers and part of thumb

• 6 operations

• Previous minor accident

Realities…

The way forward?

• Trade unions

• Campaigns

• Lobbying

• Exploding the myths

• Legal challenges