A panel set up to try and end the inappropriate use of UK health and safety legislation in the workplace and elsewhere has been branded as of only “limited use” by one legal expert.
The Health and Safety Executive has set up a ‘Myth Busters Challenge Panel’ to look into complaints about decisions made by employers, health and safety consultants and insurance companies in order to assess whether they are “sensible and proportionate”.
The findings of any such investigations will be published on the HSE website.
The aim of the move is to “make clear that ‘health and safety’ is about managing real risks properly, not being risk-averse and stopping people getting on with their lives”, the HSE said in a statement.
Examples of common over-the-top decisions made by employers include banning staff from wearing flip-flops in the office or not allowing them to put up Christmas decorations in case they hurt themselves.
The Panel will be headed by HSE chair, Judith Hackett, with HSE board member, Robin Dahlberg acting as vice-chair. The two will also be backed by a pool of independent members, which include representatives of small businesses, trade unions, insurance companies and public safety bodies.
But David Young, a partner at law firm, Eversheds, was sceptical, describing it as “interesting” that the HSE had the time and resources to dedicate to such an initiative.
“It may feel beneficial to smaller businesses without the means of the inclination to retain or employ permanent health and safety advisers, but for most, the Panel will surely have limited impact,” he said. “It will not be overturning decisions or providing solutions to complainants.”
Moreover, for reasons of policy, the Panel may also find itself “reluctant” to ‘name and shame’ bodies such as the police, trade unions and local authorities, Young added.
