The principle of simplifying requirements to cut through small business “red tape” is one which has been broadly welcomed, but a warning note has been sounded concerning the Deregulation Bill which is currently progressing through Parliament.
Under the proposed legislation, self-employed workers who do not work in “prescribed sectors” will be exempted from health and safety legislation, and the Institution of Occupational Safety and Health (IOSH) fears that this could lead to a lowering of safety standards.
IOSH’s head of policy and public affairs Richard Jones warned -
“As we have made clear to Government, we think it would be unhelpful, unnecessary and unwise to exempt certain self-employed from health and safety law, as the Government is proposing – causing more of a hindrance than a help.
“Health and safety is often misunderstood and wrongly labelled as a barrier to business – whereas in fact, it sustains business growth and success. The Government needs to promote this message, provide health and safety support for SMEs and debunk the misperceptions.
“It’s important to remember that health and safety failures in the UK cost a staggering £13.4 billion per year, double this once you take into account the cost of occupational cancers and property damage. Good health and safety saves lives, supports business and sustains the economy.”
The proposal in the Deregulation Bill came about as a result of Lofstedt Review of Health and safety regulation published in November 2011, where he proposed ‘exempting from health and safety law those self-employed whose work activities pose no potential risk of harm to others’. According to a press release from the Cabinet Office, the proposed change will amount to 800,000 people and save businesses £300,000 a year.
Mike Taylor, Health, Safety and Environmental Technical Director at Santia Consulting Ltd commented:
“Not all self-employed people will be affected by this change, so if it passes into law, it is essential that clear guidance is produced to unambiguously establish who will be exempt; otherwise, a great deal of confusion may arise over who has to comply and who doesn’t.
“Self-employed people often struggle to identify what they have to do to stay within the law, and communication of these changes will be vital in order to avoid costly misunderstandings.”
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