Health and Safety Gone Mad?

Banned! : hanging baskets, fireman’s poles, the sack race, workplace Christmas decorations, playing conkers without goggles..

 The above list is just a small selection of the stories that have hit the press over the last few years on the subject of health and safety lunacy.

The general view reported by the media is that health and safety is an over-interfering, paper-work-causing, downright fun-spoiling aspect of modern life that has arisen as a result of the supposed litigation culture that has emerged in recent years.

It would be only natural for small business owners, in the light of the media’s presentation of health and safety, to see it as a chore and a burden, and to view it as just more rules and regulations that prevent them from getting on with running a successful business.  It is also commonly assumed that it is the rules and regulations themselves that are imposing the crazy bans.  Not so…

No laws have been brought in which specifically ban any of the above items or activities.  The Health and Safety Executive on its website (hse.gov.uk) is keen to de-bunk some of the health and safety myths that the media is so keen on seizing upon.  Their view is that reporting the myths is giving health and safety a bad name and detracting from the purpose and usefulness of health and safety laws.  The HSE “Myth of the Month” page usefully sets out in a lighthearted way the latest myths as reported, and clears up any confusion. 

The Institute of Occupational Safety and Health (IOSH) echoes the HSE’s sentiments in its “bonkers conker” campaign, calling for common sense and forward planning when it comes to assessing risks, and suggesting a simple practical solution to a risk rather than jumping to the conclusion that something should simply be banned.  On a serious note IOSH points out that the myths detract from the real issues, which is that large numbers of people die or are injured at work each year;

HSE statistics for 2006-2007 show that 241 workers were killed at work, and 141,350 other injuries to employees were reported under RIDDOR.

36 million days were lost overall (1.5 days per worker), 30 million due to work-related ill-health and 6 million due to workplace injury.

It goes without saying that this should be food for thought for any business, but aside from the obvious, small businesses can gain in a large number of commercial aspects  by re-visiting their attitude to health and safety.  

The reality is that it may even improve the functioning of your business.  By assessing risks sensibly you can actually find improvement opportunities.  You can also be alerted to possible slips, trips and falls before they happen, and so reducing rates of sickness and injury.  Introducing a proper incident reporting system for near-misses and then acting on it can have the same effect.  Re-writing your health and safety policies is one thing, but taking action to implement and review them is the most important thing, for example by way of regular in-house inspections. For a small business, if a key person is advised and trained the benefit of that training can then be passed on in-house.  If all staff are empowered to be involved in health and safety they are more likely to act on concerns and take responsibility for their own actions.  Staff could be involved by way of committee meetings, a health/safety and welfare notice board, an intranet, and competency assessments. 

If a company can achieve a really good health and safety record in their industry they can use that to their benefit in trying to win new work and in setting themselves apart from competitors.  They may also save on insurance premiums and achieve higher customer confidence. If a company goes so far as winning awards for its health and safety work that can raise the profile of the business, boost worker morale and motivation and attract employees.

 The problem with health and safety laws is not the laws itself, but often the way they are over zealously interpreted when put into practice, which is how the myths arise in the first place.  Responsible businesses wish to comply with the rules, and might instruct so called “expert” advisers to assist them, but it is of concern that many so called health and safety consultants advise businesses and charge substantial fees when they do not have any relevant qualifications in the field.  The Telegraph reported in April 2008 that a group of MPs was urging the government to crack down on “crazy health and safety advisers”.  The work and pensions select committee called on ministers to stop independent advisers from encouraging employers to be “over cautious” in their interpretation of the health and safety duties, as this can make them averse to risk and less competitive as a result.

At Sandersons we can offer small businesses practical and commercially minded advice on their legal duties in relation to Health and Safety and how to interpret the health and safety rules and regulations in the context of their particular business. Contact Sarah Coates-Madden or Stephen Dixon.

Sandersons Solicitors

17-19 Parliament Street

Hull

HU1 2BH 

Tel:       01482 324662

Fax:      01482 223110

e-mail:  enquiries@sandersonssolicitors.co.uk

 Source: Federation of Small Businesses, July 2008