Last Chance to respond to a whole load of HSE consultations about scrapping regulations
The consultations end on 14th September and are here: HSE consultations
It is obvious from how they have dealt with the “consultation” on the Crane MOT and Hard Hat Regs, that a low response will be taken to mean approval for deregulation. For the Tower Crane Register of 86 responses, HSE say “there was no overall clear majority either in favour, or against, the proposal to revoke the Regulations.” For the Hard Hat Regulations of 77 responses they say: “the results of consultation provide no clear support, or otherwise, for revocation to proceed.” But despite the fact there is no clear mandate the HSE Board are proposing scrapping these regulations.
For the consultation on scrapping the Management Regs ACOP (L21), which concerns the duty to risk assess hazards, have management structures in place, protect temporary, new or expectant mothers, young workers, etc London Hazards Centre’s responses are below, feel free to copy and paste.
It is an online exercise with very loaded questions & your answers almost certainly don’t matter so don’t spend time on it JUST SAY NO!!!!!
To the questions
Q 1.7.1 Do you agree with the proposal to withdraw this ACOP and replace with a suite of guidance?
Answer NO
Q 1.7.3 If you have answered ‘No’ which elements do you think should be kept as an ACOP?
Answer:
ACoPs have more weight & can be used in prosecutions ie as L21 says “If you are prosecuted for breach of health and safety law, and it is proved that you did not follow the relevant provisions of the Code, you will need to show that you have complied with the law in some other way or a court will find you at fault.” Also replacing an ACOP with guidance does weaken legislation as L21 says “Following the guidance is not compulsory and you are free to take other action. ” The ACOP makes it clear that the Regulations apply to the self employed. I do not understand the objection that the ACOP is of a “generic” nature – this is not adequately explained as a reason – & the consultation does not say what the Lord Young & Prof Lofstedt reports give as reasons. In fact Reclaiming Health and Safety for all says “Overall, a wide range of stakeholders supported the principles of ACOPs and saw them as a vital part of the system, forming a key link between the goal setting legislation and guidance” (paragraph 54)
Q 1.7.3 If you have answered ‘No’ which elements do you think should be kept as an ACOP?
Answer: KEEP IT ALL. Particularly Keep:
1.Reg 3: 13 of ACOP (b) Employers and the self-employed are expected to take reasonable steps to help themselves identify risks, eg by looking at appropriate sources of information, such as relevant legislation, appropriate guidance, supplier manuals and manufacturers’ instructions and reading trade press, or seeking advice from competent sources. They should also look at and use relevant examples of good practice from within their industry. This tells employers what they should be considering so risk assessment is not a tick box exercise.
2.ACOP re Reg 4 Principles of Prevention (& the Schedule)
3.ACOP re Reg 7 & Competent persons & consulting safety reps about such appointments
4.ACOP re Reg 15 Temporary workers
5.ACOP re Regs 16-18: new or expectant mothers;
6.ACOP Re Reg 19 young persons
