Retailers don’t have a very good record and the authorities are not about to let them off the hook, says Gill Brammer


Ever heard of Newton's third law that for every action, there is an equal and opposite reaction? Well, history seems to show that it applies to health and safety! Since the Health & Safety at Work Act came into force in 1974, deaths have fallen by 84% and non-fatal injuries by 75%.

One could say this is good news for us all, but what has become a heavy regulatory burden often leaves businesses struggling to run profitable concerns. Out of curiosity I gave myself the task of putting a figure on how many regulations were in existence, but stopped when I saw that the list ran to 30 pages.

So, how has the retail and wholesale sector scored recently on health and safety? Overall statistics from the Health & Safety Executive for 2009/10 give a favourable report.

The sector accounts for 16% of all employees, but the number of incidents was 13% which doesn't sound too bad. However, the retail sector reported the fourth highest number of workplace transport injuries (from a total 19 industries) for 2005 to 2010 just behind construction. It also came second-highest (one below public administration) for slips, trips and fall injuries to employees.

There's a lot of room for improvement and little room for complacency. Although numbers of health and safety prosecutions have levelled off in the past five years to just over 1,000 per year, they aren't heading south. The Shakespeares' regulatory defence team certainly hasn't found enforcing authorities letting up. Indeed despite public sector cuts and ongoing economic challenges, they seem to be as busy as ever.

So employers shouldn't assume that the Red Tape Challenge, which turns its attention to health & safety on 30 June, is going to get them off the hook either. Yes, 21,000 regulations are up for review and the challenge is a great opportunity for the industry to have its say but I'd expect some difficulty in cutting regulations from Europe.

Over the past 35 years, health and safety has become embedded into our culture anyway, and the chance of a reversal of Newton's third law to pre-1974 working conditions is unlikely.

Gill Brammer is a solicitor in the business defence and regulatory team at Shakespeares