Health and Safety in 2015

This time of year always leads to a period of reflection and looking to the future. Fundamental changes in principle and practice of health and safety in the UK since the Health and Safety at Work Act came into force has resulted in a drop in work related deaths from over 650 in 1974 to a record low of 133 in 2014. This is something to be proud of. 2015 will bring changes to Health and Safety regulation, further pressure on the HSE as funding remains tight and a general election with no obvious winner. Below is a snapshot of some of what 2015 has to offer for those involved in health and safety.

Construction Design and Management (CDM) Regulations

April 2015 looks set to see the revised CDM regulations come into force with significant implications for all construction work in the UK. The new ‘simplified’ CDM will replace the HSE ACOP with industry specific guidance, change the duties of Principal Contractors and Principal Designers, give new responsibilities to domestic clients and replace competency based requirements with adequate information, instruction, training and supervision. This restructuring will, even in the best case scenario, cause some initial confusion, take time to bed in and require changes to existing contracts.

Increase in fines

The consultation for new sentencing guidelines for corporate manslaughter, health and safety and food safety offences has shown a desire to increase fines for large companies. Controversially the level of fine is to be linked to the turnover of the offending company, with £50 million turnover deemed a ‘large company’, and fines as high as £20 million for the worst offenders. The guidelines will also introduce provisions for the sentencing judge to add any financial gain derived from the breach onto any fine imposed.

HSE budget cuts

The Government’s austerity measures have seen budget cuts across all public bodies and the HSE is no exception. The controversial introduction of Fees for Intervention did not yield the level of return the HSE anticipated so tweaks are likely to be made to how the HSE operates FFI in the future. The Head of the HSE, Judith Hackitt, has said the HSE will employ more targeted inspections on habitual offenders in key areas (most likely construction) together with more front end advice. She has also suggested revenue could be raised by selling the HSE ‘model’ to the rest of Europe.

Emphasis on health

Continuing on from the HSE construction initiative to emphasise health, as well as safety, the end of 2014 saw the HSE launch the Beware Asbestos campaign, which will run until March 2015. Asbestos is the single biggest cause of work related deaths killing an average of 20 people per week. Asbestos is still commonly found in buildings and it is harmless when it is in good condition. However, when fibres are released as a result of poor condition or during removal it can prove deadly decades after the event. The HSE campaign is designed to raise awareness amongst those likely to come into contact with asbestos and has been launched alongside an app giving useful and immediate information.