Government urged to resist pressure for new health and safety laws as survey shows directors taking leading role

EEF, the manufacturers’ organisation has urged government and the Health & Safety Executive (HSE) to resist pressures for new legal duties on company directors, following a survey which shows a substantial increase in the number of directors taking a leading role in their companies' health & safety management.

Under pressure to introduce new duties on company directors, HSE has given employers until 2010 to demonstrate that the current approach works or face a change in the law.

According to EEF's 2008 Health & Safety survey, directors in over 80% of companies are actively involved in managing health and safety. In addition, in the last three years there has been a 40% rise in the number of company boards who monitor health and safety management as part of their Key Performance Indicators.

Steve Pointer, Head of Health and Safety Policy at EEF, said the survey shows that the current approach does work.

“This endorses EEF's view that the best way to promote best practice health & safety is to promote good leadership rather than introducing new statutory duties that would lead to a 'box ticking' mentality.

“This survey shows that active leadership by directors is now very definitely the norm, not the exception. Managers and directors in our member companies are taking their responsibilities seriously and the results clearly demonstrate that further regulation is not required. With the right promotion, encouragement and support, the current approach to improving leadership can have a major impact.

“The law already allows directors or managers to be held to account if their personal actions put someone at risk. Adding specific requirements such as appointment of single director to be charged with managing health & safety could only be counter-productive. It would send a message that fellow directors can forget all about health and safety, which would be disastrous. Health and safety management is effective when everyone works together.“

On the whole companies were positive about their contact with the enforcing authority. Responses to EEF’s survey did not support the popular stereotype of inspectors as unreasonable and difficult to deal with.

There was widespread support for the advice inspectors gave to companies, and the overall relationship with the enforcing authority. Only 3% indicated a problem with inspectors and the authorities however, where relations did break down it was a major issue for the company involved.

The survey did reveal some common concerns about the way in which requirements impact in practice. Around half of businesses believe requirements involve excessive bureaucracy with a similar proportion concerned about the up-front costs involved.

Steve added:

“The HSE has recently done some good work to reduce paperwork requirements and improve communication with small businesses. However, we still see overly-long and complex guidance being produced which means more needs to be done. In particular it is important that local authority regulators, insurers and others who influence the health and safety system join and fully support the HSE to spread this kind of approach across the full range of its work.

“We also remain very concerned about new EU directives that, if implemented would impose considerable bureaucratic burdens for no discernable benefit in terms of protection. We are working with HSE to find an acceptable solution.”

Main conclusions from survey:

In recent years there has been a sharp increase in leadership of health and safety by directors; it is now the norm not the exception. More than 75% of companies are discussing health and safety at board meetings

The great majority of companies have the building blocks of good health and safety management in place. Over 99% of companies had a health and safety policy and risk assessments.

There is widespread support for the overall aim and approach of health and safety requirements as well as for the inspectors who enforce them.

The survey revealed some common concerns about the way in which requirements impact in practice.

Around half of businesses believe requirements involve excessive bureaucracy.

Businesses recognise that good health and safety management saves money in the long term, but there is a widespread concern about the cost of implementing requirements. In tough economic times, these up-front costs are particularly challenging

ENDS

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