The recent Queen’s Speech; setting out the governments plans and intended legislation for the next year; in the UK suggested that the next stage of the Deregulation process is to remove the burden of health and safety from small companies; or at least the headlines reporting the speech and its proposals indicated this was the meaning.
When we read a little further it’s actually a far smaller measure than it at first appears. The proposals are very specific in that they specify small companies whose work poses no risk to themselves or others and the deregulation only extends to the various items of paperwork – its not a sudden carte blanche to work without care – the basic principles of working safety remain.
The changes if we’re honest make little or no legal difference anyway – the need to record most safety information – risk assessments, policies – was only ever applied in law to companies employing 5 or more people. Further we have to remember that low and trivial risk items never had to be risk assessed whether you employ 1 or a million people at least in law.
So will the proposals make a difference – in real terms I see very little substantial change despite the headlines. However the difference it will help make is clarify to small low risk companies that the burdens many believe are there are not the issue that is sometimes reported. It may even help with some of the silly stories that occur through somewhat overzealous interpretation of the laws in the UK.
What small companies need to remember is firstly the “no risk” element that’s key to the wording – and also remember that many of the safety requirements placed on companies come not from State law but from Insurers or from clients who want the paper as part of their vetting systems for contractors or as part of their overall safety plan.
Small companies will always have duties with regards health and safety – even if statutory requirements were removed totally the simple fact that Insurance and Civil Law claims are far more often encountered than criminal prosecutions means they will always need to work in a safe manner – the paperwork merely being there to help defend such cases as it helps you prove their competence and safe working practices.
Equally as small companies we rely on our customers – and any customer larger than 5 employees has all the duties of modern criminal law and that includes making sure their contractors are safe and won’t pose a risk to themselves, to other contractors or to the clients own staff and customers. Thus with modern safety management systems there will always be drivers for safety paperwork far beyond the primary laws written by the State.
The burden is often smaller than many small companies believe and hopefully this will help with the present climate in the UK with regards safety at work.
