ACOPs and the Löftstedt Review

The Löftstedt Review recommended that the HSE should review all its approved codes of practice (ACOPs), with an initial phase of the review being completed by June 2012, as some are out-of-date or too lengthy, technical and complex. The government asked the HSE to review all its 52 ACOPs and the HSE then consulted on proposals to revise, consolidate or withdraw 15 ACOPs by the end of 2013 and to make minor revisions (or no changes) to a further 15 ACOPs by 2014. These included a proposal to withdraw the ACOP for the Management of Health and Safety at Work Regulations 1999 and replace it with guidance this year. It also sought views on a proposal to limit all ACOP documents to a maximum length of 32 pages, other than in exceptional circumstances.

The ACOPs to be revised, consolidated or withdrawn are:

• Dangerous substances and explosive atmospheres (ACOPs L134-138);

• Legionella (ACOP L8);

• Asbestos (ACOPs L127, L143);

• Gas safety (ACOPs L56, COP20);

• Hazardous substances (ACOP L5);

• Workplaces (ACOP L24);

• Management of health and safety (ACOP L21);

• Agriculture (ACOP L116); and

• Pipelines (ACOP L81).

Those ACOPS where the HSE has proposed minor amendments or no changes are:

• Diving (ACOPs L103-107);

• Work equipment (ACOPs L22, L112, L114);

• Lifting equipment (ACOP L113);

• Confined spaces (ACOP L101);

• Pressure systems (ACOP L122);

• Hazardous substances — pottery production (ACOP L60);

• Hazardous substances — lead (ACOP L132);

• Quarries (ACOP L118); and

• Worker involvement (ACOP L146).

The changes proposed or already implemented are set out in the relevant Chapters throughout the booklet.

Unions have particularly condemned the withdrawal of the ACOP to the Management of Health and Safety at Work Regulations. As TUC assistant general secretary Paul Nowak points out: “An ACOP has different status from guidance.” Employers are far more likely to do something because it is in an ACOP and replacing an ACOP with guidance is simply downgrading it and giving it “nice to have” status.