IMPROVEMENTS TO WORK AND FIRE SAFETY

HSE press release E172:03 - 29 September 2003

Workplace safety and fire regulations are to be changed to allow employees and employers to claim damages for breaches of the regulations. Employees will be able to claim damages from their employer in a civil action, where they suffer injury or illness as a result of the employer breachingThe Management of Health and Safety at Work Regulations 1999 ("the 1999 Regulations") or the Fire Precautions (Workplace) Regulations 1997 ("the 1997 Regulations"). Employers will also be able to bring actions against employees for breach of their duties under the 1999 Regulations. In addition amendments are being made to the 1997 Regulations to clarify enforcement responsibilities.

The changes come in new regulations amending the Fire Precautions (Workplace) Regulations 1997 ("the 1997 Regulations") and The Management of Health and Safety at Work Regulations 1999 ("the 1999 Regulations") announced today by the Office of the Deputy Prime Minister (ODPM), the Department for Work and Pensions (DWP) and the Health and Safety Executive (HSE). The new regulations come into force on 27 October 2003.

The ODPM, DWP and Health and Safety Commission (HSC), having considered the comments received in response to the consultation document including on HSE's regulatory impact assessment, concluded that new claims arising from the proposed legislative change are likely to be small. Nevertheless the Government and the HSC believe that the Regulations will send a powerful signal to industry about the seriousness of the Government's intentions to raise further the profile of occupational health and safety.

Amending the regulations followed a recommendation to Ministers by the HSC in February 2003. ODPM, DWP and HSE undertook to work with employers' organisations, trade unions, insurers and other stakeholders to monitor the impact of the legislative change over the coming months, including assessing the full extent of any increase in claims. Findings will be published.

Notes to editors

1. Both the 1997 and 1999 regulations implement the Framework Directive (89/391/EEC) on health and safety. The Management of Health and Safety at Work and Fire Precautions (Workplace) (Amendment) Regulations 2003 amend the Fire Precautions (Workplace) Regulations 1997 (S.I. 1997/1840) and The Management of Health and Safety at Work Regulations 1999 (S.I. 1999/3242).

2. A Consultative Document on proposals to amend the Fire Precautions (Workplace) Regulations 1997 and The Management of Health and Safety at Work Regulations 1999 to remove the civil liability exclusions contained therein was published in December 2001 and is available at http://www.hse.gov.uk/consult/condocs/cd177.htm. The results of consultation were considered by the HSC at its meeting on 15 October 2002 - see HSC paper of 15/10/02 number c118.pdf and the minutes of the same meeting.

3. The new amending regulations make the Health and Safety Executive the enforcing authority in respect of Part II of the 1997 Regulations for workplaces which are on or in a ship in the course of construction or repair and workplaces that comprise premises to which the Fire Certificates (Special Premises) Regulations 1996 apply.

4. The Regulations include a minor amendment to disapply the 1999 Regulations MHSWR to ships (including those used on inland waterways) unless shore-based workers are involved. The health and safety of crews on ships is covered by merchant shipping legislation. This implements a recommendation resulting from Lord Justice Clark's inquiry into river safety.

5. Parallel amending Regulations will be introduced in Northern Ireland.

6. A copy of the regulatory impact assessment prepared in respect of these new Regulations can be obtained from the Health and Safety Executive, Economic Adviser's Unit, Rose Court, 2 Southwark Bridge, London SE1 9HS. 636 dangerous occurrences (including hydrocarbon releases) were reported - 25 less than the previous year (a decrease of 4%).

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