The HSE proposes to withdraw the Approved Code of Practice (ACoP) for the Management of Health and Safety at Work (MHSW) Regulations as part of a package of proposals outlined in a consultation document launched yesterday (25 June).
The consultation, which seeks views on proposals covering 30 ACoPs, forms part of the HSE’s commitment to review all its ACoPs, as recommended by Professor Löfstedt in his recent review of health and safety legislation.
After an initial review of 32 of its 52 ACoPs, the HSE identified 15 ACoPs requiring revision, consolidation or withdrawal by the end of 2013. The consultation document also asks for views on further plans for minor revisions and updates — by 2014 — to 14 other ACoPs, and on a suggestion that no changes be made to the "Consulting workers on health and safety" ACoP (L146). The final section of the consultation deals with a proposal to limit ACoP documents to 32 pages, with a few exceptions.
ACoPs set out preferred methods to achieve legal compliance and clarify what is required. They are not law, though they do have a special legal status in that if duty holders follow the advice in the code, they can be confident they are compliant. Duty holders may use alternative methods to comply, but if they are prosecuted for a breach, and it is proved that they did not follow the code, they will be found at fault unless they can show the court they complied in some other way.
Among the 15 ACoPs listed for revision, consolidation or withdrawal are well known publications such as the “Management of health and safety at work” (L21), “The Control of Substances Hazardous to Health Regulations 2002 Approved Code of Practice and Guidance” (L5), “Legionnaires’ disease” (L8), “The management of asbestos in non-domestic premises” (L127) and “Workplace health, safety and welfare” (L24). A full list is available here.
The HSE also wants to consolidate the five ACoPs (L134-138) that provide advice on compliance with the Dangerous Substances and Explosive Atmospheres Regulations into a single revised document.
Perhaps the most radical proposal is the complete withdrawal of the MHSW ACoP and its replacement with a suite of structured, specific and updated guidance documents, including “Health and Safety Made Simple”, a revision to the guidance previously branded as “Essentials”, a revised “Five Steps to Risk Assessment” and “Managing for Health and Safety” (HSG65).
The HSE says the “generic” nature of the current MHSW ACoP, which does not describe methods of compliance suitable for different sizes and types of business, leaves duty holders uncertain whether they are complying with their legal obligations. Both the Löfstedt review and Lord Young’s report Common Sense Common Safety singled out the ACoP for reform.
As well as the 30 ACoPs covered in the consultation document, the HSE has identified two other publications – “Rider-operated lift trucks: operator training” (L117) and “The compilation of safety data sheets” (L130) – for revision or withdrawal without consultation, either because changes had been consulted on before the Löfstedt review or because the associated legal provisions have been revoked.
The HSE says it has not yet reviewed the remaining 20 ACoPs because they are “associated with ongoing sector specific consolidations or other regulatory amendments”.
The consultation, which opened on 25 June will run until 14 September.
After an initial review of 32 of its 52 ACoPs, the HSE identified 15 ACoPs requiring revision, consolidation or withdrawal by the end of 2013. The consultation document also asks for views on further plans for minor revisions and updates — by 2014 — to 14 other ACoPs, and on a suggestion that no changes be made to the "Consulting workers on health and safety" ACoP (L146). The final section of the consultation deals with a proposal to limit ACoP documents to 32 pages, with a few exceptions.
ACoPs set out preferred methods to achieve legal compliance and clarify what is required. They are not law, though they do have a special legal status in that if duty holders follow the advice in the code, they can be confident they are compliant. Duty holders may use alternative methods to comply, but if they are prosecuted for a breach, and it is proved that they did not follow the code, they will be found at fault unless they can show the court they complied in some other way.
Among the 15 ACoPs listed for revision, consolidation or withdrawal are well known publications such as the “Management of health and safety at work” (L21), “The Control of Substances Hazardous to Health Regulations 2002 Approved Code of Practice and Guidance” (L5), “Legionnaires’ disease” (L8), “The management of asbestos in non-domestic premises” (L127) and “Workplace health, safety and welfare” (L24). A full list is available here.
The HSE also wants to consolidate the five ACoPs (L134-138) that provide advice on compliance with the Dangerous Substances and Explosive Atmospheres Regulations into a single revised document.
Perhaps the most radical proposal is the complete withdrawal of the MHSW ACoP and its replacement with a suite of structured, specific and updated guidance documents, including “Health and Safety Made Simple”, a revision to the guidance previously branded as “Essentials”, a revised “Five Steps to Risk Assessment” and “Managing for Health and Safety” (HSG65).
The HSE says the “generic” nature of the current MHSW ACoP, which does not describe methods of compliance suitable for different sizes and types of business, leaves duty holders uncertain whether they are complying with their legal obligations. Both the Löfstedt review and Lord Young’s report Common Sense Common Safety singled out the ACoP for reform.
As well as the 30 ACoPs covered in the consultation document, the HSE has identified two other publications – “Rider-operated lift trucks: operator training” (L117) and “The compilation of safety data sheets” (L130) – for revision or withdrawal without consultation, either because changes had been consulted on before the Löfstedt review or because the associated legal provisions have been revoked.
The HSE says it has not yet reviewed the remaining 20 ACoPs because they are “associated with ongoing sector specific consolidations or other regulatory amendments”.
The consultation, which opened on 25 June will run until 14 September.
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