APPENDIX TWO
HOUSE OF COMMONS WORK AND PENSION COMMITTEE, THIRD
SPECIAL REPORT OF SESSION 2007—08
THE ROLE
OF THE
HEALTH AND
SAFETY COMMISSION
AND HEALTH
AND SAFETY
EXECUTIVE IN
REGULATING WORKPLACE
HEALTH AND
SAFETY
In 2007, the Committee launched its enquiry
into the operations and work of the health and safety commission
(HSE) and the Health and Safety Executive (HSE), and the proposals
to merge the two bodies. As part of this enquiry the Committee
considered interpretation of health and safety legislation and
the use of HSE guidance provided to business on their obligations
under health and safety law.
The Committee's report was published in April 2008
and the Government responded in June. The following outlines the
relevant Committee conclusions and the Government's response:
The Committee acknowledged the challenge HSE faces
in "debunking health and safety myths" and commended
the HSE for its efforts to tackle misconceptions. They expressed
disappointment in the media's portrayal of health and safety issues.
The Government was pleased to note the Committees
support.
The Committee were concerned that the test of
"reasonable practicability" gives a lack of clarity
and therefore creates burdens for business.
The Government did not believe that there would be
any value in further reviews of the "reasonable practicability"
test.
The Committee expressed concern about the impact
of "over-zealous" health and safety advisors and that
the health and safety consultancy profession is currently unregulated.
The Government agreed there was a case for accreditation
and planned to facilitate a meeting of the relevant professional
bodies to take this forward.
The Committee recommended that the Risk and Regulation
Advisory Councils could have a role in addressing overly risk-adverse
behaviour and also in the development of accreditation for health
and safety consultants.
The HSE looked forward to working with the RRAC to
identify new ways of taking the principle of a "common sense
approach to risk" forward.
The Committee suggested that more could be done
by the HSE to ensure clear and understandable health and safety
advice was provided to employers.
HSE's strategy review provided the opportunity to
take stock of the lessons learnt in providing advice and support
to SMEs.
The Committee asked the HSE to clarify its policy
around charging business for guidance.
HSE has 600 titles in its range of free leaflets
which provide guidance to individuals and businesses broadly explaining
what they have to do. HSE also has 400 priced publications for
duty holders on how they can comply with the law or match best
practice.
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