Reclaiming health and safety for all: An independent review of health and safety legislation by Professor Ragnar E Löfstedt was published 28th November 2011.
The Lofstedt Report made a number of key recommendations:
- Exempting from health and safety law those self-employed whose work activities pose no potential risk of harm to others.
- That HSE should review all its ACoPs. The initial phase of the review should be completed by June 2012 so businesses have certainty about what is planned and when changes can be anticipated.
- That HSE undertakes a programme of sector-specific consolidations to be completed by April 2015.
- That legislation is changed to give HSE the authority to direct all local authority health and safety inspection and enforcement activity, in order to ensure that it is consistent and targeted towards the most risky workplaces.
- That the original intention of the pre-action protocol standard disclosure list is clarified and restated and that regulatory provisions that impose strict liability should be reviewed by June 2013 and either qualified with 'reasonably practicable' where strict liability is not absolutely necessary or amended to prevent civil liability from attaching to a breach of those provisions.
Of particular interest to MSAFE's undertakings were recommendations under specific regulations:
The Construction (Design and Management) Regulations 2007 and the associated ACoP evaluation should be completed by April 2012 to ensure
there is a clearer expression of duties, a reduction of bureaucracy and appropriate guidance for small projects.
There have been previous reviews involving the CDM Regulations and associated ACOP, with similar objectives. In particular the emphasis on the reduction on bureaucracy was highlighted in the 2007 revision to the Regulations. In some areas this seems to have taken place and the quality and relevance of Pre Construction Information improved (although there is always room for further refinement). At present there seems to be an emphasis on bureaucracy associated with ensuring the competency of appointments. It will be interesting to see what how the review addresses this issue and the plethora of qualification schemes in place and how client organisations deal with the issue in Pre Qualification Questionnaires for CDM Coordinators, Contractors & Designers. We welcome any further clarification of duties and guidance on small projects. Once there is opportunity for consultation MSAFE will be involved and publish details of where you can comment further.
In the meantime if you wish to engage a competent CDM Coordinator or require advice on the Regulations please do not hesitate to contact us.