Health and safety

In this chapter of our Annual Insurance Review 2023, we look at the main developments in 2022 and expected issues in 2023 for health and safety.

Key developments in 2022 

 The introduction of flexible-working policies and the return to 'office' working environments places further emphasis on the importance of mental health. Statistics published by HSE show in 2020/21 of the 1.7 million workers suffering from a work-related illness, 822,000 were due to stress, depression or anxiety. 21/22 statistics published recently show that of the 0.4 million increase in work-related ill-health cases, 0.3 million related to mental health issues.

It is considered to be only a matter of time before prosecutions for causing work-related stress occur. There have already been examples of such cases abroad, such as in France where a spate of suicides among employees led to a prosecution against the employer, France Telecom. Notwithstanding previous indications that the HSE would be building up to take legal action against organisations failing to manage work-related stress, we have not seen much in the way of enforcement in the United Kingdom as yet. However, mental health clearly remains a key focus of the HSE, demonstrated by its continued work on its Working Minds campaign (launched in November 2021) by joining forces with the Burnt Chef Project in April 2022, who provide mental health support for the UK hospitality trade and the International Stress Management Association (ISMA), in November 2022.

2022 also saw the HSE being named as the new Building Safety Regulator by the Building Safety Act 2022, to oversee safety and standards of all, but mainly high-rise, buildings. The new legislation means new roles and responsibilities for high-rise residential building owners and management, including accountable persons and building safety managers, and a new regulatory framework for high-rise buildings to include the regulator as the building control authority. The Regulator is expected to work closely with local authorities and fire and rescue authorities to hold to account those who break the rules and/or fail to properly manage safety risks, including taking enforcement action where needed (and recovering costs from regulated parties).

What to look out for in 2023

The HSE have confirmed that reducing work related ill health with a specific focus on mental health as one of its key strategic objectives in their 2022/2032 strategy. It is therefore imperative for organisations to have clear processes in place to demonstrate that they can identify and appropriately support employees who are suffering from work-related stress or anxiety.

Turning to new legislation, the bombing at an Ariana Grande's concert at the Manchester Arena in May 2017 set in motion a series of events which has led to one of the biggest legislative changes to policing terrorism in decades – the 'Protect Duty' legislation, expected to be introduced in early 2023. It will mainly apply to public venues (e.g., sport venues and shopping centres), large organisations and event organisers using public spaces, imposing a legal requirement to formally assess terrorism risk and put measures in place to reduce that risk.

Tightening of fire safety law post-Grenfell has led to the introduction of the Fire Safety (England) Regulations 2022, which is expected to come into force in January 2023. The rules broadly cover high-rise buildings, some relating to those over 11 metres and some to those 18 metres or at least seven storeys with communal areas. Named Responsible Persons of high-rise buildings will have new duties, including the provision of key information to the Fire and Rescue Services and annual checks of flat entrance doors in residential buildings with storeys over 11 metres in height. 

Hot on the heels of the 'hosepipe ban' resulting from several months of drought and the surmounting pressures of tackling climate change, water and sewerage companies must produce drainage and wastewater management plans (DWMPs) with a focus on current and future capacity, pressures, and foreseeable risks. The government has produced detailed guidance on how companies will need to produce their business plans which must cover a minimum of 25 years. Production of DWMPs is expected to be made statutory through the Environment Act but are currently being produced on a non-statutory basis for early 2023. 

Written by Rashna Vaswani.

Download our full Annual Insurance Review 2023 for more insights.