Health & Safety Law
Assignment 1
Module Code: CEWM08002
Banner ID: B00114073
Lecturer: Clive Mitchell
Contents
Introduction
Conclusions
References
Appendices
Introduction
The purpose of this report is to answer the question “To what extent has the development of effective Health & Safety Legislation in the United Kingdom been hindered by economic & commercial factors?”
This will be achieved through:
A. Investigation of existing literature on the subject paying particular attention to:
1. Lord Young’s report “Common Sense, Common Safety”. 2. The Loftstedt’ Report 3. Associated Progress Reports & Publications 4. Case Law
B. Investigation of available statistical information.
In order to answer the question the evidence must first be examined to enable an informed answer to be provided.
There is evidence to suggest that the main economic and commercial factors hindering the development of effective health & safety in the UK stem from the burden of bureaucracy. This has been found to be due to:
A. Complex Structure of Legislation
1. EU Framework Directive 1989 2. Duplication of Legislation
B. Development of ‘Compensation Culture’.
1. Strict Liability 2. Over Compliance/insurance & H&S Cons
The Burden of Bureaucracy.
This refers to the red tape that surrounds compliance with health and safety legislation.
In Lord Young’s report commissioned by the Prime Minister to review the current Health & Safety system with a view to putting some common sense back into health & safety, Lord Young states that:
“The aim is to free businesses from unnecessary bureaucratic burdens and the fear of having to pay out unjustified damages claims and legal fees.”
Complex