UK: Approved Codes Of Practice - "Frankly, I Don’t Understand It... And I’m A Professor!"

(Professor Ragnar Löfstedt at an IIRSM Breakfast Briefing on 24 January 2012)

Readers of many of the fifty-two Approved Codes of Practice (ACoPs) in circulation may well sympathise with the comment of Professor Löfstedt above. A key recommendation of the Löfstedt Review in to health and safety was that businesses should be able to access guidance which would provide clarity on their health and safety duties.

The HSE has released its analysis of the consultation responses on its proposals to revise, consolidate or withdraw fifteen ACoPs by the end of 2013, alongside minor revisions or "no change" of another fifteen (by the end of 2014).

This article looks at some of the key findings of the consultation and what we can expect in the future.

What are the main ACoPs which will be revised, consolidated or withdrawn?

Consolidation of five Dangerous Substances and Explosive Atmosphere Regulations 2002 ACoPs into one, two Asbestos ACoPs and two Gas Installation ACoPs drew around 90% approval, as did a recommendation to revise the Control of Substances Hazardous to Health ACoP for low risk industries.

Respondents also agreed that the Workplace Health, Safety and Welfare ACoP will be updated to reflect legislative changes since it was written in 1992.

However, the suggestion that the Legionella ACoP should be split in two (in to an ACoP and online technical guidance) only received a 71% positive response. Whilst this will enable the technical guidance to be updated more regularly, it may point to concerns that businesses will still have to look in multiple places for the guidance they seek.

Significant concerns were raised about the withdrawal of the ACoP "Preventing accidents to children in agriculture" and the message this might send.

Should the Management of Health and Safety at Work Regulations 1999 ACoP (L21) be withdrawn?

The most contentious part of the HSE's consultation was the withdrawal of ACoP L21, which split respondents down the middle (with 52% opposed). Professor Löfstedt felt the document would benefit from a comprehensive review, as currently it follows a "one size fits all" approach to health and safety regardless of the size and type of business.

The HSE intends to replace the ACoP with a suite of guidance, tailored to specific business areas. The HSE Board agreed in December 2012 that the ACoP needs to be replaced, but deferred a final decision pending development of the guidance. The issue is due to be considered at the next Board meeting later this year and we will keep this under review.

Minor revisions/No change

Minor revisions or retention of the status quo for fifteen ACoPs received almost universal approval among respondents. Many of these ACoPs are industry specific (such as diving, the pottery industry and quarries), but the revisions will include providing more clarity on young persons, temporary workers and migrant workers relating to work equipment ACoPs.

Should the length of ACoPs be limited?

A common theme among respondents was opposition towards an arbitrary limit on the length of ACoPs. Whilst long documents may discourage take up, the majority (70%) was against setting a limit. Businesses would rather have clarity over what is required to meet legal duties - ACoPs should be "as long as they need to be".

What next?

Hopefully, those drafting the revised ACoPs will bear this in mind, as well as Professor Löfstedt's plea that they should be easy to understand.

Professor Löfstedt is shortly due to publish his own "report card" on the implementation of his wider recommendations, so watch this space for a further update.

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