United Kingdom Completes First Stage of its Comprehensive Review of all Workplace Safety and Health Regulations with Eye Towards Reform

November 28, 2011

This past year (April 2011) the United Kingdom (UK) entered into a lengthy process of reviewing all occupational health and safety legislation with an eye towards possible reform of any and all legislation. The review was being led by Professor Ragnar Löfstedt and as a result has become known as the Löfstedt review. That review is now completed and was published November 28, 2011 with recommendations to fine tune safety statutes and review guidance, rather than a radical overhaul. The report is titled “Reclaiming Health and Safety for All: an Independent Review of Health and Safety Legislation” and focuses on the 17 acts, 200 or so regulations, and the 53 Approved Codes of Practice (ACoPs) under the Health and Safety Executive (HSE). “The Government Response to the Löfstedt Report” was also published on November 28, 2011.

The Government accepted the majority of the report’s proposals, but rejected the bringing of local authority’s safety inspection and enforcement under the HSE’s direction. The Minister for Employment Chris Grayling said that the Government will launch an immediate consultation on the abolition of health and safety regulations following recommendations made in the Löfstedt Review. In March 2011 Grayling asked Löfsedt, director of the King's Centre for Risk Management at King's College London, to conduct the review in order to identify opportunities to simplify health and safety rules.

In the report, Löfstedt finds the UK’s health and safety law framework is broadly sound and says the problem “lies less with the regulations themselves and more with the way they are interpreted and applied.” He states, “There are instances where regulations designed to address real risks are being extended to cover trivial ones,” and adds that the requirement to carry out risk assessments “has turned into a bureaucratic nightmare for some businesses.” Specifically, recommendations are made to exempt self employed people in low-risk occupations from health and safety regulations, and for the HSE to exert more influence on local authority enforcement.

Löfstedt’s report only specifies four regulations which should be withdrawn, covering tower cranes and celluloid cinema stock.

The review’s wider recommendation on consolidation of safety law is simply for the HSE “to commission research by January 2012 to help decide if the core set of health and safety regulations could be consolidated in such a way that would provide clarity and savings for businesses.” It is also recommends that the HSE should provide more guidance for business on what constitutes reasonably practicable safety controls, and that the Work at Height Regulations should be reviewed to see if its inclusion of stepladders and permanent workplaces does not go further than the Work at Height Directive requires. Löfstedt also asks the HSE to clarify the employers’ requirement to organize portable appliance testing for electrical equipment in the workplace under the 1989 Electricity at Work Regulations.

Additionally, the review makes several recommendations on how the UK should help steer future safety regulation generated in the EU, including the extension of regulatory impact assessments. In addition, the nuclear industry will have its own dedicated independent regulator. It is currently regulated by the Office for Nuclear Regulation; an HSE agency.

The Government response sets out the following timeline:

• By the summer of 2012
• Health and safety guidance for small businesses will be much simpler.
• Businesses will get simple and consistent guidance from HSE, professional bodies, and insurers on whether and when they need to bring in expert health and safety advice.
• Low risk businesses that manage their responsibilities properly will no longer be visited by inspectors.
• Legislation will be brought forward to abolish the Adventure Activities Licensing Authority.

• By 2013
• Self-employed people whose work poses no threat to others will be exempt from health and safety law.
• Approved Codes of Practice will give businesses clear practical examples of how to comply with the law.
• Unnecessary regulations will be revoked.

• By 2014
• A simpler accident reporting regime will be in place.
• If we are successful in influencing the planned review, EU health and safety legislation will in future be risk- and evidence based.
• The nuclear industry will have its own dedicated independent regulator.
• HSE’s enhanced powers will help drive consistent enforcement for all businesses.
• Regulations will be consolidated by industry sector, making it clear which provisions businesses need to comply with.
• The total number of regulations businesses have to comply with will be reduced by 50%.

The HSE has confirmed it will begin work to meet the recommendation to amend the 53 Approved Codes of Practice (ACoPS), which explain compliance requirements for safety laws, to make them less “complex and legalistic” and will flag up the main changes by June next year.

Accepting most of the review’s recommendations, the Department for Work and Pensions says it will trigger the removal of 50% of UK safety law over the next 3 years. The HSE welcomed the review, describing it as “insightful.” Judith Hackitt, HSE chair, said that simplifying and streamlining the stock of regulations, focusing enforcement on higher risk businesses, clarifying requirements, and rebalancing the civil litigation system are all “practical, positive steps.”

Another Government regulatory reform initiative, the Red Tape Challenge, will report in the New Year on further possible changes to the stock of health and safety regulations. The Red Tape Challenge initiative was launched by the Prime Minister in April 2011 in order to look for opportunities to reduce the stock of over 21,000 regulations which are currently on the statute book. The Red Tape Challenge process complements Professor Löfstedt review. (Reported by Ellen Cobb)

Both the report and the Government’s response may be viewed at:

http://www.dwp.gov.uk/policy/health-and-safety/#review

Source: Department for Work and Pensions

Tags: Health and Safety legislation; Government regulatory reform; Lofstedt Review

July 2011 Quarterly Review of International Environmental Health & Safety Legislation

July 27, 2011

The Isosceles Group completed its latest review of new environmental health and safety (EHS) legislation for more than 55 countries and emerging global EHS trends. The latest compilation, available for purchase, includes more than 200 new pieces of legislation and covers the period of April through July 2011. Highlights of some of the new laws and regulations during this period are:

• Australia - The Work Health and Safety Bill 2011 was introduced into Parliament in July, implementing the Model Work Health and Safety Bill (the model Bill) within the Commonwealth jurisdiction, and constituting part of a system of nationally harmonized occupational health and safety legislation.

• China - New reporting requirements for environmental emergencies was passed and became effective in May. Under this scheme reporting timeframes for environmental emergencies of varying levels was enacted, along with what agencies are to be notified.

• India - E-waste management rules were passed in May to become effective in one year (May 2012). The new rules will apply to every producer, consumer or bulk consumer involved in the manufacture, sale, purchase, and processing of electrical and electronic equipment or components, collection centers, dismantlers, and recyclers of e-waste.

• New Zealand - The country has a new environmental agency, the Environmental Protection Authority (EPA) that will take over (from July 2011) environmental regulation functions from the Environment Ministry, the Ministry of Economic Development, the Environmental Risk Management Authority and the Ministry of Foreign Affairs and Trade.

• Taiwan - Amendments to occupational labor protection laws was sent to the Legislative Yuan for deliberation. The amendments address increasing an employer's liability and an injury and disease notification scheme among other items.

• France - The Grenelle II law is now in the implementation Phase. this law is composed of 199 decrees ensuring the implementation of 6 major environmental issues for building and urban planning, transportation, energy, biodiversity, risks, health and waste as well as regulating and monitoring.

• Poland - A new Act on Energy Efficiency was passed that will require enterprises to adopt measures that will promote energy efficiency and reduce excessive energy use.

• Ontario - The Occupational Health and Safety Statute Law Amendment Act received Royal Assent this period and puts in place a legislative framework enabling the Ministry of Labour to implement an advisory panel's priority recommendations.

• Mexico - New Regulation for Safety and Hygiene Committees for Workplaces was passed in April and became effective in July. It establishes the requirements for the incorporation, organization and functioning of the safety and hygiene committees in work centers.

• Israel - New packaging law effective in July that regulates packaging types, recycling, waste separation, and landfilling.

If you are interested in acquiring a copy of this issue or to purchase a subscription, contact us at: info@theisogroup.com, or call us at 617-330-2800. A free sample is available upon request.

Call for Input on the UK’s Review of its Health and Safety Legislation

May 24, 2011

The United Kingdom’s Department for Work and Pensions issued a Call for Evidence on the review being conducted of UK health and safety legislation under the government’s “Common Sense, Common Safety,” initiative previously discussed in this regulatory review.

The Department has asked Professor Löfstedt of Kings College London to chair an independent review of health and safety legislation; supported by an advisory panel of cross-party politicians, and employer and employee representatives.

The review will consider the opportunities for reducing the burden of health and safety legislation on UK businesses. In particular it will consider the scope for combining, simplifying or reducing the approximately 200 statutory instruments, and the associated Approved Codes of Practice (ACoPs).

Responses to the Call for Evidence ends July 29, 2011, and can be made online or mailed in. In particular the advisory panel is looking on responses to 10 specific questions listed below:

• Question 1: Are there any particular health and safety regulations (or ACoPs) that have significantly improved health and safety and should not be changed?
• Question 2: Are there any particular health and safety regulations (or ACoPs) which need to be simplified?
• Question 3: Are there any particular health and safety regulations (or ACoPs) which it would be helpful to merge together and why?
• Question 4: Are there any particular health and safety regulations (or ACoPs) that could be abolished without any negative effect on the health and safety of individuals?
• Question 5: Are there any particular health and safety regulations that have created significant additional burdens on business but that have had limited impact on health or safety?
• Question 6: To what extent does the concept of ‘reasonably practicable’ help manage the burden of health and safety regulation?
• Question 7: Are there any examples where health and safety regulations have led to unreasonable outcomes, or to inappropriate litigation and compensation?
• Question 8: Are there any lessons that can be learned from the way other EU countries have approached the regulation of health and safety, in terms of (a) their overall approach and (b) regulating for particular risks or hazards?
• Question 9: Can you provide evidence that the requirements of EU Directives have or have not been unnecessarily enhanced (‘gold-plated’) when incorporated into UK health and safety regulation?
• Question 10: Does health and safety law suitably place responsibility in an appropriate way on those that create risk? If not what changes would be required?

The primary Health and Safety at Work (HSW) Act, the basis of many safety regulations in the UK, along with 16 other pieces of legislation are not being reviewed or addressed by this governmental review.

The response forms and mailing information along with a listing of the laws being considered are available in the Call for Evidence report at:

http://www.dwp.gov.uk/docs/lofstedt-call-for-evidence.pdf

Source: UK Department for Work and Pensions

Minnesota Healthy Workplace Bill Introduced May 2, 2011 - Wednesday, May 4, 2011

Minnesota is the 21st state in the United States to introduce the anti-bullying Healthy Workplace Bill. Senate Bill SF 1352 was introduced on May 2, 2011 by Sen. Ron Latz. The Senate bill was referred to Jobs and Economic Growth Committee. The bill includes definitions of abusive conduct, abusive work environment, adverse employment action, and physical and psychological harm. An abusive work environment means an environment in which an employer or employee acts with malice to subject an employee to abusive conduct so severe that it causes tangible harm to the employee.

The proposed bill prohibits an employer to subject and employee to an abusive work environment, take an adverse employment action or otherwise retaliate against an employee who opposes subjecting an employee to an abusive work environment or who makes a charge, testifies, assists, or participates in an investigation or proceeding, including internal complaints, arbitration and mediation, collective bargaining, or civil actions. The legislation also provides that an employer is vicariously liable for an employee subjecting a co-employee to an abusive work environment; however, the employer may defend him or herself by establishing that he/she exercised reasonable care to prevent and promptly correct any actionable behavior, and the employee unreasonably failed to take advantage of appropriate preventive or corrective opportunities provided by the employer. Additionally, an employer may use the defense that an employee's complaint of termination or demotion is based on action taken due to poor performance, misconduct, or economic necessity.

As of May 2, 15 Healthy Workplace bills are presently active in 11 states. The Isosceles Group is tracking developments in over 50 countries in the emerging health and safety ares of workplace bullying, violence, harassment, discrimination, and stress, contained in a new publication: Bullying, Violence, Harassment, Discrimination, and Stress.

The Bill may be viewed at https://www.revisor.mn.gov/bin/bldbill.php?bill=S1352.0.html&session=1s87.

Tennessee House Passes Workplace Violence Bill - Wednesday, April 27, 2011

On Thursday, April 21, 2011, the Tennessee House convincingly passed legislation by a vote of 87 to 9 protecting Tennessee workers while at their places of employment. Bill 1586 addresses violence in the workplace by broadening the scope of violence in the present workplace laws and criminalizing extortion, coercion, and violence at work. Tennessee becomes one of a fairly small number of states that have recently passed this type of law.

Under Tennessee’s existing law regarding violence in the workplace, an employer whose employee has suffered unlawful violence or a credible threat of violence from any individual, which can reasonably be construed to have been carried out at the employee's workplace, may seek a temporary restraining order and an injunction prohibiting further unlawful violence or threats of violence by that individual at the employee's workplace or while the employee is acting within the course and scope of employment. The bill expands the scope of the law to allow "any employer or employee who has suffered unlawful violence or a credible threat of violence" instead of "any employer whose employee has suffered unlawful violence or a credible threat of violence" to seek such a temporary restraining order or injunction.

The definition of "unlawful violence" is broadened to include "intimidation or extortion" in addition to assault, aggravated assault or stalking. It expands the persons against whom the employer or employee may seek a temporary restraining order or injunction to include, in addition to the individual that caused the unlawful violence or threat of violence, an organization that such individual is affiliated with. The present provision in the law regarding violence in the workplace, which states that it does not apply to a labor dispute or any activity associated with a labor dispute, is removed.

The Bill is found at: http://www.capitol.tn.gov/Bills/107/Bill/HB1586.pdf. Source: Tennessee General Assembly

The Isosceles Group tracks regulations on workplace safety and health and is now including these new and emerging workplace safety issues as part of the Regulatory Reviews it publishes every three months. In addition, The Isosceles Group has developed simple guides for businesses to understand whether they have complied with these types of laws in over 50 countries worldwide. For more information email us at: info@theisogroup.com, or call us at 617-330-2800.

The Isosceles Group is Publishing a Comprehensive Summary of many of the World's New Laws on Workplace Bullying, Violence, Harassment, and other Emerging Health and Safety Issues - Monday, April 11, 2011

Today's workplaces are increasingly confronted with the emerging occupational health and safety issues of workplace bullying, harassment, discrimination, violence, and stress. In response, countries are introducing new legislation, or incorporating new provisions in existing legislation, to address these risks.

Since just 2007, approximately 45 laws, amendments, or Codes of Practice have come into force in over 30 countries or territories prohibiting bullying, harassment, violence, or discrimination in the workplace. Nine European countries have enacted bullying laws, including, most recently, Serbia. Areas of Canada and Australia have done the same. In the United States, a Healthy Workplace Bill has been introduced in 20 states.

In response to these emerging occupational health and safety issues, a comprehensive publication, Workplace Issues 2011: Emerging Workplace Health and Safety Issues: Violence, Harassment, Bullying, Discrimination, and Stress, by Ellen Pinkos Cobb, Esq. is being released by The Isosceles Group in Boston, Massachusetts. This document provides relevant legislative and enforcement requirements and liabilities based on legislation in Western and Eastern Europe, the Asia Pacific Region, the Americas Region, and to a lesser extent, in the Middle East and Africa.

To learn more about this publication, place an order, or how our team can assist you in responding to these new laws, please email us at: info@theisogroup.com, or call us at 617-330-2800.

Workplace Bullying Legislation Gaining Momentum - Friday, December 17, 2010

Workplace bullying has been identified as one of the major contemporary challenges for occupational health and safety and is linked to other emerging risks as work-related stress, sexual harassment, and violence. In many countries, new legislation has been coming into force to protect workers from bullying. Canada, Australia, and nine European countries have enacted anti-bullying laws, including Sweden, France, and most recently, Serbia.

In the United States, a Time.com story reported that worker abuse is a widespread problem: in a Zogby poll, 37% of American adults said they had been bullied at work. The poll also found that bullying is four times more common than harassment based on discrimination. Despite these findings, workers who are abused based on their membership in a protected class, including gender, race nationality or religion, among others, can sue under civil rights laws, but the law generally does not cover acts of bullying.

Recently, legislation to make workplace bullying illegal in the United States appears to be gaining momentum. Earlier in 2010, a Healthy Workplace Bill in New York targeting workplace bullying was passed by the Senate by a margin of 45 to 16. The bill would permit workers to sue for physical, psychological, or economic harm due to abusive treatment on the job. Wrongful conduct must be shown to have been done with malice, and in most cases that has to have been repeated. Although the legislation was tabled in June, it is expected to be re-introduced in January 2011.

According to the Workplace Bullying Institute, 17 other states have introduced anti-bullying legislation since 2003, including California, Connecticut, Hawaii, Illinois, Massachusetts, New Hampshire, New Jersey, Oklahoma, Oregon, Vermont, Washington, and Wisconsin.

Watch for future updates on developments concerning workplace bullying laws and related topics in the United States and internationally on this site.

Isosceles Group Releases Quarter II International Quarterly Legislative Review - August 11, 2010

The Isosceles Group has released its Quarter II International Quarterly Legislative Review of Environmental and Occupational Health and Safety Laws, which provides a three-month synopsis of new and emerging environmental and occupational health and safety legislation and regulations for more than 50 nations, as well as for global initiatives such as REACH, RoHS, and GHS for the months of May, June, and July 2010.

Items outlined in this recent review include:

• Status of Climate Change initiatives;
• Updates on national waste policies in Australia, Denmark, Brazil, and the UK;
• WEEE rules under development in India and Brazil;
• New coalition governments and agencies formed in the UK, Czech Republic, and France;
• France’s comprehensive national environmental law dealing with buildings, transportation, energy and climate, biodiversity, health risks and waste, and governance know as the “Grenelle Law”; and
• Substance limit standards passed in China for various products such as toys, where in the past few years, the presence of high concentrations of lead raised concerns for consumers.

The International Legislative Review is available for immediate purchase at an attractive price. Yearly subscriptions are also available at a greater discount than single copy purchases. For more information on how to purchase the Quarter II International Quarterly Legislative Review please contact Richard DiNitto directly at 617-330-2800 or rdinitto@theisogroup.com.

New Legislation in China Aimed at Reducing Toxic Substances in Selected Products – July 15, 2010

In the past few years it has been reported that some products made in China may be contaminated with substances that are toxic or dangerous if ingested by humans. In the most widely publicized incident, the presence of lead in toys resulted in significant product recalls worldwide. In response to these events, China has recently released standards for permissible concentrations of toxic substances in several types of products, including toys made from wood, wood-based panel products, bags, ink for ink-jet printers, and cartridges for printer ink. The requirements for toys became effective June 1, 2010.

These and other emerging environmental and workplace safety regulations are tracked and routinely reported by The Isosceles Group in its Quarterly International Regulatory Update reports. In addition, The Isosceles Group can provide translated versions of these and other environmental and occupational health and safety laws and regulations. For more information on how to obtain these timely reports; to learn about new legislation that could impact your business; or obtain more information on these new Chinese standards, please contact Richard DiNitto.

18 New International Regulatory Audit Protocols Published – June 2010

The Isosceles Group has published the following new or updated Environmental, and Health and Safety Regulatory Audit Protocols in the past few months:

Canada – Federal

Greece

India

Indonesia

Italy

Kuwait

Poland

Romania

Saudi Arabia

Slovakia

Taiwan

Thailand

Vietnam

Beijing, China

Chengdu, China

Qingdao, China

Shanghai, China

Tianjin, China

The Isosceles Group is also working on new or updated Protocols for China (Federal Requirements), Brazil, Finland, Sweden, Colombia, Israel, and several more, which will be ready for release in the coming months. For information on how to purchase Regulatory Protocols please contact Richard DiNitto.