Withdrawal of the Management of Health and Safety at Work Regulations Approved Code of Practice

As a result of the Löftsted review and the subsequent HSE review of its approved codes of practice (ACOPs), the Management Regulations ACOP (L21) were withdrawn and replaced with HSE guidance at the end of July 2013.

The Health and Safety Executive revised and updated Successful health and safety management (HSG65) and divided it into three sections:

• core elements of managing for health and safety;

• are you doing what you need to?

• delivering effective arrangements.

The three sections can be accessed at: www.hse.gov.uk/managing/index.htm

HSG65 forms the final part of a suite of what the HSE describes as “core guidance” designed to make it easier for businesses to understand what they need to do to comply with health and safety regulations:

Health and safety made simple sets out areas key to proportionate safety management; The Health and Safety Toolbox builds on this, giving specific advice on how to identify, assess and control the risks associated with common workplace hazards; and HSG65 provides material suitable for more complex organisations.

The new guidance moves away from using a “Policy, Organising, Planning, Measuring performance, Auditing and Review” model of managing health and safety to a “Plan, Do, Check, Act” approach.

The first two parts of the document are targeted at leaders, owners, trustees and line-managers. The third part will be particularly useful to those who need to put in place or oversee their organisations arrangements for health and safety as well as workers and union representatives.

Unions have been extremely critical of the decision to remove the ACOP, particularly as neither Lord Young nor Professor Löfstedt recommended its withdrawal (see Chapter 12).

“An ACOP has different status from guidance and as any safety rep could have told them, employers are far more likely to do something because it is in an ACOP,” said TUC assistant general secretary Paul Nowak. “Replacing an ACOP with guidance is simply downgrading it and giving it ‘nice to have’ status.”

The professional body for health and safety professionals, IOSH, has started an on-line petition to try to get a parliamentary debate on the issue. The TUC is encouraging union members to sign it: http://epetitions.direct.gov.uk/petitions/46262