Independent Regulatory Challenge panel

Implications for retail and distribution sectors

9 February 2012

This is the view of the Retail and Distribution Group of IOSH on the implications of this development for our sector.  It does not necessarily reflect the opinion of IOSH as an organisation.

The HSE have announced the setting up of an Independent Regulatory Challenge Panel.  This is in line with one of the recommendations in the Löfstedt report, which proposed that the Government should introduce a challenge mechanism that allows for cases of incorrect, over-application of health and safety legislation to be addressed. It is of particular relevance to multi-site employers in retailing and distribution who have to deal with many different Local Authority Inspectors. It is due to go live in July 2012.

Whilst it should provide a valuable additional way to resolve problems, the existing good practices for resolution remain. Try to reach agreement with the Inspector first.  Failing a sensible resolution, engage with their senior officers in line with the authority's enforcement policy (usually available somewhere on their web site). Only then consider involving the Independent Challenge Panel.

Businesses that have a Primary Authority have an additional route to resolution and proposed changes to the scheme will extend its scope and value (see the LBRO web site).