Lofstedt review

A document released by the Department for Work and Pensions has outlined the "terms of reference" of Professor Ragnar Löfstedt's review, which was announced last month as part of a shake-up of the health and safety system.

Within the scope of the review will be the 200-plus statutory instruments owned and enforced by the Health and Safety Executive (HSE) and local authorities, along with their associated Approved Codes Of Practice which provide practical advice on compliance with health and safety law. However, it has emerged that the review will not focus on the Health and Safety at Work etc. Act 1974 or the other 16 Acts in question, which relate to health and safety offences, offshore safety and explosives. Any stakeholders comments relating to those Acts, however, will be taken into consideration as part of the review.

Regulations owned and regulated by bodies other than the HSE and local authorities, such as those dealing with fire, product and transport safety as well as other issues widely believed to be health and safety, such as working time, will not be covered by the review.

The review, which is expected to be published by the autumn, aims to determine:

• the scope for consolidating, simplifying or abolishing regulations;
• whether the requirements of EU Directives are being unnecessarily enhanced when implemented into UK law;
• if lessons can be learned from health and safety regimes in other countries;
• whether there is a link between regulation and positive health and safety outcomes;
• if there is evidence of inappropriate litigation and compensation arising from health and safety legislation;
• whether changes to legislation are needed to clarify the legal position of employers where employees act in an irresponsible manner.