Analysis of the Lord Young Report “Common Sense, Common Safety” 10 November 2010

1. Analysis of the Lord Young Report“Common Sense, Common Safety”10 November 2010 Barbour EHS Shook, Hardy and Bacon International LLP AA Quadriga Heather Beach Mark Tyler Rachel Jones Ian Clements

2. Barbour EHS • Barbour has been providing reference information and tools to health and safety professionals for over 40 years. • Part of large media group – United Business Media (also owns SHP magazine and IOSH show) • Information services – 3rd party library and tools and resources • Competent person services • GAP analysis • Helpline

3. Barbour EHS • Barbour is used by over 1000 blue chip organisations and enforcement agencies • “Our goal is to ensure a cost effective approach to H&S risk management” • http://www.barbour-ehs.com/consultancy • heather.beach@ubm.com • 01344 899310

4. Compensation culture and legal issues Mark Tyler| Partner | Shook, Hardy & Bacon International LLP Shook, Hardy & Bacon International LLP +44 (0) 20 7332 4500mtyler@shb.com 10 November 2010

5. Compensation culture “The problem of the compensation culture prevalent in society today is one of perception than reality” “Business now operate their health and safety policies in a climate of fear” • The ‘Access to Justice’ agenda • Conditional Fees and After Event Insurance • Barrage of aggressive and inappropriate advertising

6. Compensation culture cures • Curb the volume and content of claims advertisements • Implement Lord Justice Jackson’s report on the reform of civil litigation costs • Extend the Road Traffic Accident Injury Scheme • Clarify absence of liability of ‘good Samaritans’ • Remove ambiguities in HSE enforcement policy for police and fire fighters’ exposure to risks from heroic acts

7. Local authority accountability • LA officials who ban events to give written reasons • Citizen redress: • internal reviews • fast-track appeals to Ombudsman, • compensation where wrongly banned events cannot be re-instated

8. Key milestones * See http://www.direct.gov.uk/en/Nl1/Newsroom/DG_191868

9. Impact on Low Risk Activities Rachel Jones

10. Safety Management • HSE to promote common sense approach • Application of H&S is proportionate to risk • Consultants – qualified & accredited

11. Risk Assessments • HSE to provide simpler interactive risk assessments • Exempt risk assessments for home workers in low hazard environments • Exempt self employed in low hazard environments

12. H&S Legislation • HSE to produce ACOP specifically for SME’s undertaking low risk activities • Amend RIDDOR to extend over 3 day incidents to over 7 day • Consolidate H&S regulations into a single accessible set • UK to lead in ensuring EU legislation is not overly prescriptive, is proportionate and does not aim to eliminate all risks.

13. Key Milestones

14. Key Milestones

15. Lord Young Report Ian Clements, BSc MSc CEng MIET CMIOSH Managing Director, Quadriga Health & Safety Ltd info@healthsafety.co.uk

16. Lord Young Report – Consultant Accreditation • Perception of problems caused by unqualified health and safety consultants • Voluntary scheme up and running by January 2011 • Chartered Status required with CPD • Possibility of further regulation • HSE continuing with anti-consultant publicity in myth of the month • The voluntary scheme will mirror the existing IOSH consultant register

17. Lord Young Report – Consultant Accreditation • The scheme will be an obvious advantage to competent well organised consultancies and should root out amateurs • There is no consideration given at all to development of trainee staff within consultancies, working under supervision. The assumption seems to be that all consultants are one person organisations • Optional lower level control proposed (technician status) for in-house safety advisers • There seems to be no consideration given of the difference between an in-house adviser giving advice on a high risk activity compared with a consultant giving advice on a low risk activity. Under the proposals the latter would require a higher level qualification than the former

18. Lord Young Report – Insurance Requirements • The report indicates that the requirements for some insurance companies to have consultant-based risk assessments for low risk SMEs should cease • Quadriga has never come across such a requirement ever being imposed on a low risk business • It is more likely that such assessments are required for those undertaking construction work or having an interface with children

19. Lord Young Report – HSE Interactive Risk Assessment • The report advocates that for low hazard operations the HSE should produce an Interactive Risk Assessment so that low risk workplaces are provided “with a straightforward way of knowing that they have achieved the required standards to meet the goals set out in the regulations” • The HSE has produced an interactive assessment, which can be quickly seen by anyone with even rudimentary training to be completely inadequate to meet many basic legal requirements

20. Lord Young Report – HSE Interactive Risk Assessment • The report emphasises the importance of professional competence of those advising on health and safety and appropriate disciplinary action for poor professional standards • The interactive assessment is so poor that if it has been produced or authorised by anyone even partially professionally qualified then it would seem appropriate disciplinary action to be taken by their professional body

21. Lord Young Report – HSE Interactive Risk Assessment • Far from giving assurance of compliance, the interactive checklist is likely to create a false sense of security and lead to small businesses and their directors being prosecuted after the event for issues such as: • No statutory inspections for their passenger lift • No Legionella controls • Failing to use a gas safe registered engineer for gas safety inspections • Not providing any fire extinguishers • Not servicing the fire alarm using a competent contractor

23. Heading • * • *

24. Lord Young Report – Other Issues • Simplification of educational visits - single consent form • Combination of food hygiene and health and safety inspections • Mandatory participation in local authority food hygiene scheme (scores on the doors equivalent)

25. Analysis of the Lord Young Report“Common Sense, Common Safety”Questions & Answers Heather Beach Mark Tyler Rachel Jones Ian Clements Barbour EHS www.barbour-ehs.com Barbour-marketing@ubm.com Barbour EHS Shook, Hardy and Bacon International LLP AA Quadriga

26. Prosecutions by HSE 1999 -2010