Will there be significant Health & Safety legislative changes?

A significant amount of change has occurred this year with the challenge of the global pandemic and much of the attention in the news has been diverted from the previous coverage of Brexit.

With less than one month to go until the official end of the Brexit transition period, this Brexit briefing note looks at how legislation might need to change to reflect that circumstance.

Following on from our previous briefings, it remains the case that Environmental and Health & Safety legislation will need to be converted from EU law into domestic law to rearrange or create new UK governance standards.

The Institute of Occupational Health and Safety (IOSH) and Institute of Environmental Management and Assessment (IEMA) latest advice is that:

Health and Safety

The Health and Safety (Amendment) (EU Exit) Regulations 2018 are designed to ensure that European Union-derived health and safety protections will continue in domestic law after the UK leaves the EU. Some technical amendments to existing legislation will be required to ensure effective operation.

The regulations, which have been made under powers in section 8 of the EU (Withdrawal) Act 2018 (EUWA), will amend 11 sets of regulations and one directly acting EU regulation and include changes not limited to the below list of regulations:

  • The Control of Major Accident Hazards Regulations 2015
  • The Control of Substances Hazardous to Health Regulations 2002
  • The Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015
  • The Offshore Installations(Prevention of Fire and Explosion, and Emergency Response) Regulations 1995
  • The CDM Regulations 2007 updated in 2015 are derived from an EU directive. These are highly embedded in the Construction industry and wholesale abolition seems unlikely CE markings will be transitioned to an UK equivalent body.

Will there be significant Health & Safety legislative changes? 1

The Institute of Occupational Health and Safety (IOSH) believes that little will change as the UK was
the leading light behind many of these EU directives.

In preparation, the Health and Safety Executive have set up a bespoke section on their website to provide guidance on Brexit for employers. www.hse.gov.uk/brexit

In an area that’s continually expanding, we summarise some key points that the Health and Safety Executive have provided updates on:

  • Setting up a UK REACH registration system for UK businesses, so Cleaning and M&E firms may need to adjust their documentation and supplier sources.
  • The HSE Regulating pesticides, so users such as landscapers will need to link in with the HSE.
  • EU CLP Regulations will switch to UK regulations so Cleaning suppliers must be aware of changes to
    labels and packaging to comply with the new CLP UK regulations.

Preparations

The MAPP Procurement Team have been reviewing our suppliers readiness for Brexit and in relation to the above for some limited supplies that may be affected by the changes outlined.

The MAPP HSE team are members of the Institute of Occupational Health and the British Safety Council and sit on the Property Industry H&S Forum. Both of which keep abreast of the risks and changes and communicate this to its members.

We continue to work closely with MAPP’s external consultants for advice and guidance, including but not limited to Vertical Transport, Mechanical and Electrical, Health & Safety, Fire Safety and Water Hygiene consultants.

Our facilities and site teams have been briefed on the expected changes by our Senior Executive Head of Facilities Management and Head of HSE. Changes to UK law will continue to be reviewed by the MAPP HSE team and cascaded accordingly to our staff.