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There can be fewer bodies as detested by industry or as despised by an infuriated British public as the Health and Safety Commission. Barely a week passes without fresh examples of intrusive absurdities by a mollycoddling nanny State: vicars forbidden to change church light bulbs in case they fall off ladders, amateur pantomimes and school trips cancelled, Christmas decorations unaffordable because of a new ban on firemen using ladders for nonemergencies, and even, appallingly, a child left to drown in a lake because the police were forbidden to jump into the water without previous training.
It is not simply the pettifoggery of these endless new regulations that is so ludicrous; it is the risk-averse culture that has gripped every local council and every licensing authority and is not only destroying initiative and enterprise but turning Britain into a timid, killjoy society. “Health and Safety” seems now to be the universal excuse to ban anything that was once enjoyable: bonfires on Guy Fawkes night, conkers contests, diving boards in public swimming baths, festive lights, amateur dramatics – and scores of other traditions embedded in the fabric of life.
To most people, the relevant or irrelevant legislation seems to be an industrial version of political correctness gone mad. It has brought into disrepute the entire concept of the 1974 Act, which set up the Health and Safety Commission and the Health and Safety Executive (HSE), the body charged with enforcement but which has been too long beholden to union sensibilities, including regulatory zealotry and the demarcation dispute. This is as dangerous as it is misguided. The Act was intended to consolidate safe practices in industrial sectors where the accident record was poor. But as Britain has moved to a service economy, more and more responsibility for enforcing the regulations has fallen to local councils. And it is here that the excesses have multiplied as the relationship to reality has disappeared.
All too often, councils have used the legislation as a way of protecting themselves against potential lawsuits. Britain’s increasingly litigious culture, spurred by American example and sharp lawyers, has given insurers the excuse to refuse cover unless an activity can be guaranteed to be devoid of risk. Councils would rather close playground swings and ban hanging baskets than pit plain common sense against highly paid lawyers.
The Health and Safety Executive claims to be frustrated that its name is taken in vain, but it has created an environment that is unhealthy and unsafe for common sense. Too many work-place laws are based on a presumption that little has changed from Dickensian times and that employees are victims. Callous employers do need to be pursued, but the many companies who treat their customers and staff with respect are treated as suspects. The insouciant attitude of some hospital trusts to hygiene should be higher up the HSE’s agenda, as should the effect on public health of sudden transport strikes.
The danger, however, is that regulators do not know when to stop. Industry is now so overburdened that businesses apparently spend at least two days a month on compliance, with smaller businesses less able to cope with the expense. Gordon Brown has repeatedly promised to cut paperwork. But bureaucrats keep looking for new things to regulate to justify their existence: a warning of what happens when statism is the prevailing ideology. Safety is about saving lives, not stopping people going about their daily lives.
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The criticism of the police over the boy who drowned in a lake is grossly unfair. If I had arrived on the scene to find that the boy wasn't visible and I didn't know where he was, I most certainly would not dive in the water where the chances of seeing anything are reduced and I would become another person needing saving. Ridiculous!
Brian Rayden, Plymouth, England
Nonsense.
Where on earth has this one-sided rant come from? I'd expect this sort of misinformation from a Jeremy Clarkson or Richard Littlejohn, but I thought the editorial standard of the Times was slightly higher.
This is a very confused article that conflates health and safety law and the Health and Safety Commission/Executive with everything bad that is done (often through ignorance or laziness) in the name of 'health and safety'. There is a huge difference.
There's a very valid argument to be had about risk in society and the Government's role in managing that risk. Trashing the name of HSC is not the way to go about it.
Paul Edens, London, UK
Like the UNSCIENTIFIC and ridiculous fad for believing CO2 warming, Health and Safety has morphed from genuine good intention to laughable tax scam - except people aren't laughing anymore. There's a big difference between sensible regulation and employing countless more shiny-reared non-productive public sector workers to sponge off the rest of us for pressing the religion of a risk-free life. 'Oh, but if we can save just one life!' comes their mantra. No. It's called natural selection.
Phillip Day, Tonbridge, Kent, UK
Perhaps we should simply repeal the 1974 act altogether, dismiss all the bureaucrats, and have a one-year moratorium on the subject. At the end of it we would be clear precisely what the problem is, and could then devise non-intrusive solutions. Brutal as this sounds, we all know that tinkering tends to achieve little.
Roger Pearse, Ipswich,
The HSE figures are irrelevant as they are deliberately doctored by government.They only refer to deaths investigated by HSE, many hundred employees and public (including children) are killed every single year
My son was killed in 2005 by an employer so deliberately and outrageously negligent that I consider he was murdered but the CPS, the right wing press and those with no knowledge of the subject would call it 'Accident' WE still await an Inquest after 31 months
If a driver ignored every road side warning sign, drove at 100 miles an hour in a 30 mile limit , killing a pedestrian he would be treated as a criminal and face a jail term . Why then is a man immune from the law if he comes with the label 'employer' when he puts lives in danger for profit?
Far from being a nannie state ,this present government collude in the killing of its' citizens by business by denying money and staff to HSE who struggle to cope with the mounting death toll.
It could happen to you so easily!!
Dorothy Wright, Largs, Scotland
Can Andrew Davies please provide some facts to back up his statement that "A UK construction industry worker has a higher chance of fatality per 1000 employed than a soldier serving in Iraq"?
Based on figures from the MoD website, there are ~5000 troops currently in Iraq and there have been 44 fatalities this year. So roughly 9 fatalities per 1000 troops per year.
According to the HSE website, there were 59 construction fatalities in 2005/06. I couldn't find a good source for the total number of workers employed in the construction industry in the UK but it appears to be in excess of a million. So roughly 0.06 fatalities per 1000 per year. I.e. a British soldier in Iraq is more than 150 times likelier to be killed than a British construction worker.
Suggest you check your own facts before getting on your high horse and telling others to check theirs.
Simon Carter, London,
Before making such claims get your facts right and stop complaining - A UK construction industry worker has a higher chance of fatality per 1000 employed than a soldier serving in Iraq. over 200 people are killed at work annually , 30 million days are lost at cost of £ 30 billion - yes work has changed but it still injures people. In fact the HSE does not prosecute enough in my mind and fines are ludicrously low when large companies are prosecuted - more should be done in this area not less
The HSC is a tripartite body of union, government and industry that controls health and safety at work not public safety
The key issue of public and employee safety and the civil claims arising are the legal precedents made by ivory living judges interpreting european directives made law in a country with a totally different legal system to europe its a no win situation for industry and everyone
Andrew Davies , Chorley, Lancs
Much as I detest the Health and Safety brigade - and even more so the Ambulance Chasers that they have spawned - we must try to be fair.
"Health and Safety" has now joined "the Data Protection Act" as a trump card for use by public servants who are too idle to do what they are paid for. Demand to know which particular regulation prevents them doing something sensible or useful - and watch them panic!
Mike Bibby, St Albans, England -0not EU
At last a common sense view of life at large and an acceptance that there is something call an "accident" which normally means the person involved has not paid proper attention to their surroundings.
I hope this is not a one off comment ,but the start of a campaign that will be picked up and shouted from the roof tops until the politicians do something to pull back this cancer in our soceity.
My philosophy is that if I trip over or walk into something then it is my fault.
Colin MacMillan
Colin MacMillan, Redditch, UK