Campaigners secure changes to employee liability clause

Concerns about employee liability for accidents at work will require changes to health and safety regulations, according to the Health and Safety Commission (HSC).

The HSC has decided to change the law to deal with the concerns, following lobbying by the TUC and whistleblowers' charity Public Concern at Work (PCAW).

Last year PCAW argued that changes made in 2003 to the Management Regulations and Fire Precautions Regulations - known as the "civil liability exclusion clause" - meant that employees might have to pay unlimited damages if they did not speak up about health or safety risks at work.

The TUC raised concerns over the ambiguous wording of the regulations over two years ago, and took legal advice from union solicitors Thompsons. The advice was that there was no danger of individual employees being liable under the regulations.

However, TUC head of safety Hugh Robertson has pressed for the regulations to be amended urgently, arguing: "There is confusion and it is likely that employers will use that confusion to try to shift responsibility from themselves."

The HSC will conduct a consultation in March and April this year, with the regulations amended by the middle of the year if parliamentary time allows.

The PCAW report, Speak up or pay up, is available at www.pcaw.co.uk/policy_pub/speakuporpayup.html