Workplace Safety and Health Risks in the UK: Key Issues

Introduction

Workers' health and safety has become a major issue of debate in the UK corporate world. In several documented cases, occupational injuries have occurred not due to employee negligence but because of inadequate safety measures. While not everyone agrees on the extent of employer culpability, those in the legal profession maintain that employers can be charged with serious OHS offences if available evidence suggests that an employee's death resulted from an unsafe working environment (Wells, p. 5). Although employers are required to conform to established health and safety guidelines, the United Kingdom has nonetheless experienced a significant increase in the number of workplace injuries and deaths, making the British working environment a matter of serious concern.

Evening News (2001) reported: "The number of work-related deaths in the UK increased by 75 last year, reversing an improving trend for workplace safety. The Health and Safety Commission voiced concern at the 295 deaths and said it was looking for a 'significant improvement'. More than a third of the deaths were in the construction industry, while other sectors affected included agriculture, forestry, and fishing. Thousands more cases of work-related stress and mental health problems were reported in the year to March, and there were 7,800 new cases related to muscular problems."

It is the ethical and moral obligation of employers to provide a safe and healthy working environment. This obligation is clearly stated in The Management of Health and Safety at Work Regulations 1999, which specifies that employers are under both an ethical and legal duty to monitor the workplace for potential safety and health risks. The guidelines contained in the document focus specifically on risk identification and assessment, stating that:

Risk Assessment Frameworks

(1) Every employer shall make a suitable and sufficient assessment of — (a) the risks to the health and safety of his employees to which they are exposed whilst they are at work; and (b) the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking. (The Management of Health and Safety at Work Regulations 1999)

It is clear from these guidelines that every firm is required to perform a thorough risk assessment to determine the potential for health and safety hazards in the workplace and to take appropriate action. The terms "suitable" and "sufficient" imply that employers "will recognise all foreseeable hazards, assess the risks arising from these measures, and identify both the measures needed to control the risks and any other appropriate action necessary to comply with the employer's duties" (EEC Directive).

The most important characteristic of workplace safety standards now prevalent in the UK is that they are based on a three-step framework. All standards, including the Management of Health and Safety at Work Regulations 1999, are developed using a three-step system: (a) identification of problems, (b) assessment of risks, and (c) risk control. Employers are under a strict legal obligation to examine operational procedures to ensure compliance with health and safety guidelines and to assess potential risks. Work-related operations must be carefully reviewed and regularly improved in order to minimize the risk of injuries and fatalities.

Other UK regulations similarly advocate risk assessment and control methods. For example, The Control of Substances Hazardous to Health Regulations 1988 (COSHH) requires employers to regularly evaluate operational procedures and take appropriate action to assess and control potential risks to workers' health and safety.

Regulatory Issues in UK Health and Safety Law

Despite clear guidelines available to employers, workplace deaths and injuries have continued to rise. Commentators and experts maintain that this is largely due to problems with regulatory implementation. They argue that an overload of ambiguously drafted legislation and guidelines is one of the main causes of rising safety and health risks. A 1994 review of health and safety regulations in the UK found:

"…over time, a mass of legal requirements, recommendations (in approved codes of practice) and suggestions (in guidance) about health and safety paperwork has grown up… of course very few firms are covered by more than a few of these requirements and recommendations. However, there is: confusion amongst companies and others about exactly what is required or recommended; considerable inconsistency between the various requirements and recommendations; and doubt whether all of them are still necessary, especially given the risk assessment and control, training and information provisions of modern legislation." (Review of Health and Safety Legislation, 1994, p. 8)

Other experts argue that it is not regulatory ambiguity but rather the cumulative weight of an ever-increasing number of regulations that has led to slower economic growth and a less effective workplace health and safety system. It is believed that "it is the cumulative effect of many regulations that weighs business down" (Building Business, p. 4).

Such critics may have a valid point, but they cannot effectively dismiss the need for safety laws and guidelines. Evidence demonstrates that a proper framework not only is necessary but has managed to bring positive changes to health and safety practice in the UK. "Generic codes of practice for particular hazards are useful, and in some cases essential, starting points for an industry code… providing a set of principles and performance requirements which, where relevant, can be adopted by the industry to its needs" (Department of Industrial Relations, 1995, p. 4). Hazard-prevention regulations are also important for the purpose of risk assessment. Without a proper regulatory framework, it is possible to overlook minor but critical risk areas. These regulations "draw the attention of those responsible for managing risks to the types of hazards they need to address, which are different for different types of hazards and may be easily overlooked in a generic risk assessment" (Occupational Health and Safety, Submission DR275).

Conclusion

Safety and health hazards at work are pervasive threats that can taint the reputation of any firm, and therefore the adoption of health and safety regulations has become crucial for the survival of businesses. Risk assessment and control are the key characteristics of most health and safety regulations currently practiced in the UK. However, the strategy or approach adopted for risk assessment and control varies from organization to organization, making it difficult to accurately gauge the effectiveness of any single set of procedures. The system-based approach is a relatively recent development, but its results are encouraging, making it one of the most sought-after risk assessment and control methods in UK corporations.