ABSTRACT
The Robens Committee envisaged a system in which industry contributed substantially to the creation of codes of practice. As the system now operates it is HSC custom to consult widely when it has created a draft code. More controversially the HSE adopted the practice of issuing guidance suggesting how to comply with regulations. Guidance can have no evidential value in a court. In its Review of Health and Safety Regulation, the HSC acknowledged (at p 1) the possibilities of confusion:
4(a)the system of health and safety regulation includes legislation, Approved Codes of Practice, and guidance. The respective roles of these components are not well understood. Non-mandatory guidance is widely – but wrongly – seen as imposing obligations on business, and the limited role of Approved Codes of Practice is not generally appreciated.
