Don't be Scared of Us, Say Health and Safety Men

Bill Callaghan, chairman of the Health & Safety Commission, has said he wants to eradicate what he sees as the "unreasonable" fear of health and safety officers among businesses.

He intends to do it by offering every firm that feels they are being asked to comply with policies they find "unreasonable" to double-check whether they are right on two dedicated help lines.

Mr Callaghan said there are 3.7m businesses in the UK and 1,500 heath and safety officers. "We cannot investigate every company. In fact, the perception that we are over-zealous with our guidelines and rules is wrong."

He admitted that there are "genuine examples of excessive risk aversion", whether it be banning hanging baskets in public spaces or insisting that children wear goggles to play conkers.

However, he said that such examples of risk aversion were fuelled by the "perceived" compensation culture rather than any requirement under the law.

"These stories are propagated via the media but they only serve to further scare businesses and stop them from asking for advice," he said.

He said any businesses that felt they were being asked to take steps that were unreasonable - the 1974 Health and Safety at Work act requires employers take steps to protect staff where "reasonably practicable" - should call one of two Health & Safety Executive phone lines.

These include the HSE Infoline (0845 345 0055) and the National Mediation Helpline (0845 603 0809), the latter giving information about the mediation process and providing access to organisations that can help.

But he warned: "Many businesses are too frightened to ask advice about health and safety, but that does not help them. If they have to pay out against a claim because they did not have sufficient processes in place, this will eventually hurt the profit line."

Mr Callaghan said compensation claims were not spiralling out of control and "contrary to some media reports, we are not becoming as litigious as the United States".

But, he said: "There is a 'have a go' culture, fuelled by claims management companies."

These 'no win, no fee' firms of solicitors and claims management firms encourage people to make claims in the knowledge that some companies will simply settle out of court to avoid the hassle.

Lord Falconer, Secretary of State for Constitutional Affairs has said the Government will regulate the claims management sector.

He said: "There is no place for advertising that raises false hopes of unrealistic or unachievable personal injury compensation awards.''

Lord Falconer has established an action group to investigate risk management, advertising, rehabilitation and the claims process.

He also said he supported unions which act as a filter for bad claims and bring forward just claims. He said he did not want legitimate claimants to suffer from a crackdown upon spurious claimants.

Insurers welcomed the crackdown. Stephen Sklaroff, deputy director general of the Association of British Insurers, said the claims management sector had "encouraged many frivolous claims and added greatly to costs".

But Colin Ettinger, president of the Association of Personal Injury lawyers, countered: "I have been working in the law for 30 years and I can count on one hand the number of spurious claims that I have discovered."

source: The Telegraph (Last Updated: Thursday, 24 March, 2005)

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