Changes to liability law aren't enough, say unions

Unions are unhappy with proposed amendments to the Management of Health and Safety Regulations 1999, which will not close important loopholes in the legislation.

The regulations - which set out important generic risk assessment, prevention and control measures - were amended in October 2003 to enable claims of civil liability to be made against employers.

However, the TUC objected that the unclear wording of the regulations could lead to claims being made against employees. This concern was repeated last year in a report by the whistleblowers' charity Public Concern at Work.

In response, the Health and Safety Commission (HSC) has proposed new regulations, and is now consulting on these. It says they will remove any doubt and ensure that workers cannot be sued by third parties for a breach of the regulations, while retaining civil liability for employers.

But TUC head of safety Hugh Robertson is still not happy with the proposals. "The new regulations do not do as the TUC asked, which is that employees should not be open to civil claims under the management regulations," he said.

Because the regulations only prevent claims from third parties, Robertson noted, "an employee could face a claim for damages from their employer or co-worker for failing to report a potential hazard".

For details of the consultation, go to www.hse.gov.uk/consult/letters/manregs.htm or call 0151 951 3271.Submissions must be made to the HSC by 18 May 2005.