Introduction

This latest edition of the Labour Research Department’s annual guide to health and safety law, Health and Safety Law 2015, sets out the law using clear and practical language, explains the changes that have taken place since the last edition, and addresses further changes and likely developments for 2015-2016. It is aimed at trade union members and reps, and will be of particular use to safety reps.

This year the guide is being published shortly after the election of a Conservative government in May 2015, and unions are gearing up to face further government hostility towards both health and safety regulation and trade unions.

The previous coalition government weakened health and safety law and enforcement of it after commissioning two reviews of health and safety law: the 2010 Young Review, Common sense, Common safety, and the 2011 Löfstedt Review: Reclaiming health and safety for all. It also made changes which went way beyond the recommendations contained in these reports (see box on page 11).

In their election manifesto, the Conservatives promised more attacks on “the burden of regulation” with the reduction of a further £10 billion of “Red Tape” over the next Parliament. The Queen’s speech contained proposals for draconian restrictions on the right to strike in the public sector, where union reps, including health and safety representatives, are already facing attacks on their facility time. Meanwhile, the TUC is warning that some business leaders are lobbying for a weakening of workers’ rights, including those on working time, together with a moratorium on any new rights to be included in the European Union reform package prime minister David Cameron is attempting to negotiate ahead of the in-out referendum.

Writing on the StrongerUnions blog, TUC head of health and safety, Hugh Robertson, spelled out the health and safety challenges facing unions. After five years of unrelenting attacks on health and safety from all sides, he said: “We can only anticipate with dread what lies ahead from the new Conservative majority government and a European Commission eager to please them”.

And Robertson predicted that continuing austerity and attacks on the public sector will mean big increases in stress; the confusion over self-employment (see page 199) will be exploited by employers in areas like construction; and there will be further moves to remove rights, including protection against victimisation for union health and safety representatives taking industrial action.

However, he also points out that:

• only about a third of those who voted endorsed the government and the TUC and unions will be campaigning hard to show that they have no mandate for attacking working people;

• most employers do not buy into the deregulatory, anti-safety rhetoric of the Conservatives. They know that working together to protect their workforce makes sense; and

• most importantly, health and safety protection is not something that is given to workers by politicians but won by strong trade unions working with employers at local level.

The role of the trade union movement’s 120,000 safety reps and effective solidarity and collective action to champion safe working practices, are more important than ever. It is crucial for reps to continue emphasising health and safety as a key organising issue in the interests of all workers, as well as continuing to campaign at local and national level.

Health and safety law 2015 aims to provide trade union reps, and safety reps with a comprehensive guide to the law on health and safety at work. The booklet examines the Health and Safety at Work etc Act 1974 and the regulations made under the Act that deal with specific areas of health and safety. It looks at:

• the basic structure of health and safety law (Chapter 1);

• health and safety enforcement (Chapter 2);

• the management of health and safety (Chapter 3);

• safety representatives and safety committees (Chapter 4);

• the workplace and the working environment (Chapter 5);

• hazardous substances (Chapter 6);

• physical hazards, such as manual handling and repetitive tasks (Chapter 7);

• fire, noise, vibration and electricity (Chapter 8);

• hours of work (Chapter 9);

• the reporting of accidents and ill health (Chapter 10);

• stress, bullying, harassment and violence (Chapter 11); and

• exempting the self-employed from health and safety law (Chapter 12).

The Act and the Regulations referred to in this booklet can all be found on the Legislation UK website at: www.legislation.gov.uk

Approved Codes of Practice (known as ACoPs) and Guidance on Regulations, are published by the Health and Safety Executive (HSE) and can be downloaded free of charge from its website at: www.hse.gov.uk

This booklet also provides examples from legal claims, known as “case law”. In each instance the case reference is given, consisting of the name of the individual or body making the application to the court and the individual or body against whom it is being made.

For example, Allison v London Underground Ltd [2008] IRLR 440, tells you that the applicant was called Allison, the case was brought against London Underground Ltd and that the judgment was reported in the law reports for 2008. The letters IRLR stand for the publication it was reported in, Industrial Relations Law Reports, and the number 440 that the case was reported on page 440.

Other relevant court cases and employment tribunal decisions not reported in IRLR are referenced wherever possible, either as they appeared in the press, or by the Court or tribunal reference number.

The Labour Research Department provides an enquiry service for affiliates and deals with many health and safety enquiries from union members and reps. See: www.lrdpublications.org.uk/affiliations, for details of how to affiliate.

The monthly publications Safety Rep, Labour Research and Workplace Report also include health and safety topics as do some LRD booklets. For further information and ordering details see the LRD website at: www.lrdpublications.org.uk