Health and Safety
Executive / Commission
Simplification plan
To address the administrative burden of health and safety legislation, and to make a significant difference to business, HSE has focused efforts on:
The 2006 and 2007 Plans outlined key initiatives to reduce administrative burdens. Ongoing initiatives, which were not completed prior to publication of the 2007 Plan, are:
| Initiative Title | Summary description |
|---|---|
| Sensible Risk Management | To develop the culture of health and safety at work – providing accessible advice and guidance and encouraging effective risk management through proportionate risk assessment |
| Gas Safety (Installation and Use) Regulations | A review of the landlords’ gas safety check in line with risk based principles |
| Lifting Operations and Lifting Equipment Regulations | Producing new guidance to clarify examination of equipment requirements |
| Manual Handling Operations Regulations | Producing new guidance on labelling the weight of loads |
| The written health and safety policy statement | Producing an electronic template for the statement |
| Forms project | Removing legal requirements for 8 outdated forms |
| Workplace (Health, Safety and Welfare) Regulations | Producing new guidance on labelling water |
| Control of Substances Hazardous to Health Regulations | Rationalising and improving guidance, making it more accessible and reducing risk assessment costs |
| Health and Safety Information for Employees Regulations | Amending regulations on displaying the health and safety law poster |
| Business online project | Making HSE’s forms available electronically and in an interactive format |
Progress on these initiatives since the 2007 Plan is outlined below:
Since the introduction of the Health and Safety at Work etc Act 1974, risk assessment and risk management have been underpinning principles of the health and safety legislative regime. Risk assessment and management can be described as: assessing and then managing the risks created by a work activity so far as is reasonably practicable.
The significance of risk assessment and management was underlined in the ABME, which estimated that the requirement to carry out and record a risk assessment in the Management of Health and Safety at Work Regulations was HSE’s highest single administrative burden: at £600 million it makes up 29% of the estimated total baseline.
HSE’s SRM campaign was initiated in 2006 and is designed to improve compliance with risk management by showing that risk assessment does not have to be complicated and bureaucratic. Through the SRM campaign, HSE aims to reduce costs for compliance with risk assessment requirements by a third - £200 million.
In order to achieve this reduction, and to make a significant difference to businesses by helping them comply with risk assessment requirements, HSE has focused on its ‘Embedding Sensible Risk Management’ project. Under this project HSE has developed example risk assessments, aimed at helping mainly lower risk and small and medium sized enterprises (SMEs) see what a ‘good enough’ risk assessment for their sector looks like, and showing that risk assessment does not need to be complicated.
HSE has worked closely with a variety of stakeholders, including local authorities, individual businesses, trade associations, and unions, in developing the example risk assessments. 33 have now been published and are available on HSE’s website. The full list is:
| Shops | Motor Vehicles | Office | Other |
|---|---|---|---|
| Convenience store / newsagent | Motor vehicle repair shop | General office cleaning | Contract bricklayers |
| Hairdressing salon | Private hire | Estate agency | Warehouse |
| Cleaning large retail premises | Motor vehicle showroom | Office-based business | Cold storage and distribution |
| Butchers | Car parking service | Travel agent | Woodworking |
| Betting office | Road haulage | Call centre | Poultry farm |
| Dry cleaners | Motor vehicle repair body shop | Office work at a manufacturing company | Plastering company |
| Off licence | Village hall | ||
| Cleaning a shopping centre concourse | Chilled warehousing | ||
| Food preparation and service | Night club | ||
| Charity shop | Pub | ||
| Factory maintenance |
The example risk assessments have been well received by businesses of different sectors:
After introducing businesses in the cleaning sector to the risk webpages a number of the small to medium businesses have successfully completed and submitted their own adequate, fit for purpose risk assessments. They have confirmed that they would have struggled to do this [by themselves] without the use of the examples available on the HSE website.
Ian Sinclair, ICM Ltd UK
“Noctis believes that the HSE Example Risk Assessments are a valuable contribution to this crucially important area of operations… and appreciate HSE’s efforts to create a cost-effective and flexible [example] assessment.”
Noctis, Voice of the nighttime economy, on the nightclub example risk assessment
This work was also approved in October by an independent External Validation Panel.
HSE has developed a communications plan for dissemination of the example risk assessments to ensure that businesses are aware of them. Work in the last year has included:
Work will continue in the next year to promote the example risk assessments, including through local authorities, third parties (for example, small business bank managers) and other stakeholders, using a variety of methods. This will include newsletters, delegate packs at conferences, magazines and web links.
HSE and the example risk assessments have received recognition through becoming one of the 10 finalists for the National Business Awards - Better Regulation Award. This award is made to organisations (private and public sector) that best improve, amend or simplify statutory regulation or process in order to create a more effective and efficient operating environment for UK business.
HSE is using the 2008-09 European Campaign on risk assessment as an opportunity to promote the example risk assessments and their low-bureaucracy approach. In partnership with EEF, HSE is holding a series of workshops as well as promoting the web-based guidance.
“EEF welcomes and actively supports HSE’s work to demystify risk assessment. The example risk assessments and workshops are particularly good at helping businesses understand what they do and don’t need to do. They focus attention on the risks that matter, whilst reducing unnecessary bureaucracy and cost, especially for smaller, lower risk businesses. That makes a difference both to businesses and to the people who work in them.”
Gary Booton, Director of Health, Safety and Environment
EEF, the manufacturers’ organisation
As well as being well received by businesses, local authority Environmental Health Officers (EHOs), who inspect many of the lower risk business sectors, have also praised the example risk assessments:
“Rather than immediately think to get a consultant in, they think ‘I’ll have a go myself’ – it’s as straightforward as that.”
“They are a good help to guide people through the system, because a lot of people overcomplicate it.”
August 2008
HSE has undertaken an initial evaluation of the example risk assessments. The evaluation has taken the form of a web-based questionnaire, to find out from businesses how much time they have saved in carrying out a risk assessment having seen an example for their particular sector. Initial findings of the evaluation show that 90% of businesses think that the examples will save them time in carrying out and recording their own risk assessment – an average of 46% of the expected time. This equates to a reduction of the administrative burden by an estimated £182 million. HSE will carry out a further evaluation in early 2009 following further communications work to disseminate the example risk assessments.
Over the last 12 months, HSE has further developed work carried out in 2006 and 2007, and added new strands to the campaign. Key elements have included:
As a result of a high estimated cost shown by the ABME, HSE committed to undertake a review of the requirement for an annual check of gas appliances by residential landlords. The high cost is partly due to the large number of such appliances throughout the domestic rented accommodation sector. However, this requirement is uniform across all appliances irrespective of age or type.
In 2006 HSE conducted research to consider whether a risk-based approach to these checks could be developed, but the results suggested a complicated picture and did not provide clear cut options for simplification.
Over the last 12 months, HSE has been working with a range of stakeholders, including local authorities and landlord associations to develop options for reducing the administrative cost, but without reducing levels of protection.
This project aims to reduce administrative costs for the requirement to examine and record the examinations of lifting equipment. In 2006, an investigation into stakeholders’ views was undertaken looking at the complexity of having two sets of regulations (Lifting Operations & Lifting Equipment Regulations and Provision & Use of Work Equipment Regulations); and fitness for purpose.
In the last year, two pieces of guidance have been developed, which are designed to provide clarity in examining and recording lifting equipment:
HSE will undertake an evaluation of the guidance on thorough examination of lifting equipment in early 2009, when the guidance will have been published for over 6 months. The guidance is designed to create a culture change within businesses, and time to embed the guidance and raise awareness in businesses is required prior to evaluation.
“The HSE's web clarification for manufacturers and suppliers on good practice within Manual Handling Operations Regulations is welcomed by the PCSA.
Provision of simplified web based definitions and directions such as these clearly help all businesses to easily access, understand and facilitate possible reasonably practical improvements, particularly in the area of manual handling which is one of the most common exposure risks to all employees.”
Stuart Rainbow - Chairman - Parcel Carriers Safety Association - July 2008
The ABME estimated an annual cost to business of providing information to employees on the weight of a load to be £130 million. To address this high cost, and to help businesses comply with the requirement, HSE initiated a project in 2007 aimed at clarifying to businesses the requirement to label the weight of a load and thereby reduce administrative costs – HSE has projected costs can be reduced by a quarter of the estimated administrative cost - £32.5 million.
Following consultation with industry trade associations and the SBTAF, HSE published web-based guidance on this requirement in May 2008, offering advice on when it is appropriate to give precise information to employees on the weight of a load. Since publication, HSE has disseminated the guidance through the Small Business Trade Association Forum, stakeholders’ newsletters, including LACORS and the British Frozen Food Federation, and publicised it on HSE’s home webpage.
An evaluation of the guidance will take place in early 2009 to determine whether HSE has achieved the estimated projected savings. This is likely to be in the form of a web-based questionnaire, asking businesses how much time they have saved following reading the guidance on when they do and do not need to label loads.
The Health and Safety at Work etc Act 1974 requires employers of five or more employees to have a health and safety policy document in the workplace. This pre-dates a duty under the Management of Health and Safety at Work Regulations 1989 to have a written record of health and safety arrangements.
According to indicative figures from the ABME, the annual administrative cost to businesses for having a written policy statement is £53 million. In 2007 HSE initiated a project designed to reduce administrative costs by up to £26.5 million (half of the estimated cost). HSE decided to tackle what appeared to be unnecessary duplication or confusion about the requirements by producing a more accessible, web-based guidance and simple template. However, this work will now be taken forward as part of HSE's new project to introduce an electronic template for recording risk assessments. HSE is planning to combine the need to have a written policy statement with keeping a record of the risk assessment in one template.
This project implements one of the recommendations of the Hampton report: to remove unnecessary, outdated forms. HSE carried out a forms review and consequently 54% of existing forms were removed without the need to amend legislation, saving businesses £250,000 annually.
A further 9 forms were identified for removal through amending or repealing legislation. In the last year, HSE has been working to remove 8 of these forms through amending the Factories Act 1961 and the Offices, Shops and Railway Premises Act 1963. These Acts include requirements on business to fill out a form to notify HSE or their local authority before employing staff in their premises – HSE considers these requirements to have little current relevance as there are other means of obtaining this information. In autumn 2008, HSE’s public consultation showed strong support to remove the requirements. Amending legislation is likely to come into effect in April 2009, reducing the administrative burden on businesses by £21 million annually.
HSE has completed an initiative to reduce the high cost, according to ABME figures, of labelling water under a requirement in the Workplace (Health, Safety and Welfare) Regulations 1992.
HSE has published revised guidance, outlining that only water not fit for drinking needs to be labelled, and highlighted the misunderstanding as the ‘myth of the month’ for December 2007. HSE has commenced evaluation work to determine whether the guidance has successfully reduced administrative costs – estimated to be £33.7 million annually by the ABME.
In order to address the high cost of risk assessment, as estimated by the ABME, and to help employers understand their duties under COSHH, HSE has focused its efforts on making guidance more accessible and easier to understand. The work has slipped from the timetables outlined in the 2007 Simplification Plan due to resource issues; however it is now in line to be delivered by mid 2009. There are different strands to this work:
Following a stakeholder proposal, HSE has reviewed the requirements in the Health and Safety Information for Employees Regulations for employers to purchase and display the HSE-approved law poster and / or distribute the HSE-approved leaflet.
HSE has consulted on proposals to amend the regulations to remove the requirement for businesses to write the name and address of their enforcing authority, and the address of the local Employment Medical Advisory Service (EMAS) directly onto the poster, or provide employees this information in writing along with the leaflet.
Additionally, the period of grace for businesses to purchase a new poster or distribute a new leaflet, following any revisions being made to these documents, would be increased from nine months to five years.
HSE would also re-design the poster, to make it more visually appealing and useful to employees in knowing their health and safety rights, particularly ‘vulnerable’ workers whose level of reading English is poor, and thereby may improve health and safety outcomes.
The consultation exercise showed broad support for HSE’s proposed changes. HSE is now aiming to implement amending legislation in April 2009. Using ABME estimates, amending these requirements outlined above will save businesses £10.3 million annually through removing the requirement to complete the details as outlined above.
As part of HSE’s implementation of recommendations of the Hampton report, HSE is making forms required from businesses available in an electronic and interactive format. This is designed to save businesses time in completing and submitting these forms to HSE or their local authority.
In order to maximise benefits to business, HSE has prioritised work on the forms used most by businesses. In June 2008, the first form to be made available in this format, a construction notification form used over 150,000 times by businesses annually, was launched. This form has been generally well-received by businesses:
"I have just used the F10 interactive electronic form to notify a project and found it very easy and quick to use. The address prompts are useful and submission with one press of a button is very convenient.”
“I too have used the on line version and found it quick and easy... What I also like about this version is that you are given a reference number and when you have additional information, such as name of appointed Principal Contractor, you enter this reference number and up comes the initial F10. You can then add the additional information without having to enter the other information that hasn't changed...… I like it - well done HSE.”
Feedback received from businesses via HSE’s webpages
HSE is now focusing on delivering an asbestos notification form (over 30,000 completed annually), and is in the process of agreeing solutions and a timetable with stakeholders.