HSE leads and there is some interest from other departments, such as DH and DWP. BERR has a strong interest in the regulatory simplification aspects. HSE Northern Ireland also has an interest.
In 1992 the European Commission introduced Directives on Manual Handling and the use of Display Screen Equipment. Over the last few years the Commission and other European bodies, principally trade unions, have become concerned that European legislation does not cover all MSD risks; for example, repetitive work is excluded. Following two inconclusive consultations with social partners in 2004 and 2007, the EC commissioned research in October 2007 into the social and economic impact of various legislative options.
In October 2008, the preliminary findings from that research were discussed by Member State Government representatives at a Conference in Amsterdam. The research found governments, employers, trade unions, research organisations and health and safety experts thought the option of a new Directive covering all MSDs would have the most impact. It was clear the Commission supported this option. However, no consensus emerged amongst government representatives.
In November 2008, the EC’s Advisory Committee on Safety and Health at Work established a Working Party with the remit to prepare an opinion on the development of further EC legislative initiatives on MSDs. The WP should report to the main Advisory Committee in May/June 2009. Subject to its recommendations, the EC could table a formal proposal in Autumn 2009, although the European Parliamentary elections and the appointment of a new set of Commissioners could delay this.
HSE’s present view is that before introducing new legislation the Commission should undertake a fundamental review of how the two Directives have operated since the early 1990s. Only after that, should new legislation be considered.