The Construction (Head Protection) Regulations and the Löfstedt review

The Construction (Head Protection) Regulations 1989 (CHP) imposed a duty on employers to ensure that so far as reasonably practicable, every worker at work on a site covered by the regulations wears “suitable head protection” unless there is no foreseeable risk of injury to the head other than by falling.

The Regulations were introduced following years of union campaigning and are credited with helping to reduce death rate from head injuries by three quarters, from 48 a year to 14. The HSE acknowledges that “prior to their introduction, concerted efforts to increase voluntary use of head protection had been made but with little effect” and that “the wearing of head protection has subsequently become culturally embedded in most parts of the industry, and its use is generally a site rule”.

To the anger of unions, Löfstedt proposed revoking the CHP Regulations. Unions argued that this would send a dangerous and confusing message to workers and employers that head protection is not important. It is especially dangerous when combined with another suggestion made by the review, namely the removal of self-employed workers from the scope of health and safety legislation (see Chapters 1 and 12).

As a result of the Health and Safety (Miscellaneous Repeals, Revocations and Amendments) Regulations 2013, which came into force on 6 April 2013, the Construction (Head Protection) Regulations 1989 have now been scrapped. The Health and Safety Executive (HSE) says that the regulations remove legislation that has been overtaken by more up to date law, is redundant or does not deliver the intended benefits. The rationale for revoking the CHP Regulations is that workers are already protected by the Personal Protective Equipment at Work Regulations 1992 and the Construction (Design and Management) Regulations 2007.

It says that it is working with the construction industry (particularly small contractors) to ensure that it understands the continuing need for employers to provide hard hats and ensure they are worn on construction sites. The Personal Protective Equipment Regulations 1992 have been amended so that they cover the provision and use of head protection on construction sites.

But UCATT says that construction is a non-compliant industry and that extra measures are needed to ensure that the scrapping of the regulations would not result in construction workers being placed in danger.