25.10.12
Concern over safety law changes
A government amendment to the Enterprise
and Regulatory Reform Bill would water down health and safety regulations
across the board, according to personal injury expert Karl Tonks. The president
of the Association of Personal Injury Lawyers (APIL) said: 'At the moment,
where an employer has been found to have breached health and safety regulations
and someone has been injured as a result, the injured person has an automatic
right to claim compensation. The law has been clear on this point since a
landmark case was brought in 1898. But the government is now seeking changes
which will mean the injured person will no longer be able to rely on this
right, but will have effectively to start from scratch by proving that
negligence has occurred.' He said the 'completely illogical' move reflected a
government 'obsession' with cutting safety regulation that 'also sends a clear
signal to bosses that the safety of workers is no longer to be considered a
priority.' Speaking in the Commons debate on the Bill, where the measure was
condemned by opposition MPs, Labour's Iain Wright said the government belief
the move would boost the economy was 'economically illiterate.' Commenting
after the debate, a TUC
spokesperson said: 'This proposal was introduced with no consultation and there
is no indication of what regulations the civil liability changes will apply to,
but it is a disgrace that they are transferring the cost of an injury from the
employer on to the worker, who will already have suffered the pain and
suffering.' In another amendment to the Bill, the government is seeking changes
to the law that would dramatically undermine the rights of workplace safety
whistleblowers.