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News release

30 October 2012 - NR 54/12

Proposed exemptions send wrong message on health and safety

A LEADING professional body has criticised proposals to exempt self-employed workers from health and safety laws and to scale down the number of accidents that employers should report.

The Institution of Occupational Safety and Health (IOSH) has submitted evidence to the Health and Safety Executive (HSE), urging the regulator to retain current requirements on the self-employed and improve the reporting system for work-related accidents.

IOSH fears the exemption of certain workers from health and safety regulations will cause confusion.

Head of policy and public affairs Richard Jones said: “It’s unnecessary, unhelpful and unwise to pick and choose who should comply with health and safety law and who shouldn’t. It gives completely the wrong message, and may encourage the unscrupulous to gamble with people’s safety and health.”

The chartered membership body has advocated more government support for business and the development of a more ‘risk intelligent’ society, through improved education and promotion of the business case for good health and safety.

“Under the proposals, the self-employed will need to assess their own risk-causing potential in order to determine whether or not they are exempt,” Mr Jones added.

“We are concerned that some self-employed may not assess their risks and will just take it that they are probably exempt. Indeed, the Forum for Private Business survey suggests such an exemption could be used as an excuse not to do health and safety at all. They also comment about a competitive edge being given to the self-employed. “

IOSH has also submitted a response to the HSE on proposals to revise RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations). The HSE is proposing to remove reporting requirements for a range of work-related health and safety issues, including most occupational diseases, certain major injuries, such as dislocations and temporary blindness, and the reporting by self-employed people of injuries or illness to themselves.

Mr Jones said: “IOSH is against these changes to RIDDOR, because we believe it would give the dangerous message that such failures are unimportant and will not attract enforcement action, no matter how serious.

“Additionally, the HSE and local authorities, government, employers and others would lose important failure data. This would mean that lessons for prevention are not learned, that valuable statistical and research data is lost, and that employers and regulators have less ability to evaluate their interventions or improve their performance.

“All of this could lead to more accidents, illness, injury and death – a worsening human, social and economic toll.”

IOSH is proposing a 10-point plan for action on RIDDOR:
1. A continued requirement for employers/self-employed to report occupational diseases and dangerous occurrences in all sectors (avoiding duplication); together with incapacitating injuries and major injuries, using an extended list
2. Removal of the requirement for an accident to have occurred before a work-related injury / death is reportable
3. A review and clarification of the reporting of non-fatal accidents to members of the public (non-employees), to consider a change to reporting listed major injuries only
4. Improved reporting of occupational diseases through RIDDOR, with:
• GPs required to indicate on medical certificates whether they believe the injury or illness could be work-related
• Improvements to guidance and to the reportable diseases list
• Removal of the need to be currently engaged in listed work for a long-latency occupational disease to be reportable
5. More action to tackle under-reporting, including reinstatement of the full phone-in reporting facility
6. A reminder on fit notes for employers to report serious work-related accidents
7. A suitable national enforcement code so that HSE and local authorities enforce consistently and there is less undue fear of reporting by certain duty holders
8. A government database for sharing anonymised health and safety lessons from a range of accidents
9. An explicit general legal requirement for duty holders to investigate reportable accidents
10. A requirement for serious injuries and deaths from work-related road traffic accidents to be reportable under RIDDOR and improved guidance and inter-agency information sharing as appropriate

Mr Jones added: “IOSH is extremely worried that the changes will mean certain major injuries, including dislocations and temporary blindness and serious diseases, including occupational cancer and asthma, would no longer be reportable. This gives out entirely the wrong message, and is a retrograde step.

“We already have a serious under-reporting problem in this country. Weakening RIDDOR could further obscure the true scale of work-related failures and miss important lessons. The IOSH ten-point plan would improve RIDDOR, helping reduce accidents and boost productivity, getting Britain back on the road to recovery.”

- Ends -

Notes for editors:

IOSH is the Chartered body for health and safety professionals. With more than 42,000 members in 100 countries, we’re the world’s biggest professional health and safety organisation.

We set standards, and support, develop and connect our members with resources, guidance, events and training. We’re the voice of the profession, and campaign on issues that affect millions of working people.

IOSH was founded in 1945 and is a registered charity with international NGO status.