Occupational hazards - April 23

THE UK’S health and safety system is widely lauded. The legislation is goal-setting, risk-based and about being proportionate 

The primary piece of legislation is The Health and Safety at Work etc Act 1974, which covers occupational health and safety in Great Britain and sets out general duties. Secondary legislation known as Statutory Instructions – regulations – are supplementary forms of legislation that support the implementation of the Act. They fill in the details of the Act and provide practical measures that enable the law to be enforced. 

However, such secondary legislation could be under threat due to those regulations being EU derived law.

The Retained EU Law (Revocation and Reform) Bill going through Parliament – at the House of Lords Report Stage at the time of writing – threatens to ‘sunset’ a series of health and safety legislation (unless legislation is specifically selected to be retained or replaced). In total, there are an estimated 58 pieces of legislation which relates to health and safety which could be consigned to history as soon as 31 December 2023. 

Doing so, without appropriate scrutiny, consultation, transparency and impact assessments, poses significant risk to health and safety standards in the UK. This is why IOSH and similar bodies have joined forces. Our focus is two-fold: ensuring no erosion of health and safety standards and building a safer, healthier, and more sustainable future for all. Not only must we maintain standards, we must energetically drive continual improvement in them and ensure human-centred approaches.

In terms of what could disappear, it includes the “six-pack” and the framework requirements, which are: 

• Management of Health and Safety at Work Regulations 1999 – including risk assessment and 'Competent Person' requirements

• Workplace (Health, Safety and Welfare) Regulations 1992

• Manual Handling Operations Regulations 1992

• Health and Safety (Display Screen Equipment) Regulations 1992

• Provision and Use of Work Equipment Regulations 1998

• Personal Protective Equipment at Work Regulations 1992 amended 2022

Other regulations affected would be those that set specific obligations for particular activities. So this includes the Construction (Design and Management) Regulations 2015, Work at Height Regulations 2005 and those relating to hazards such as the Control of Substances Hazardous to Health Regulations 2002 and Control of Asbestos Regulations 2012.

IOSH believes this Bill will contribute to moving robust risk-based framework and well-acquired worker occupational safety and health protections into the direction of regression, de-regulation and reduced worker protection. This at a time when workers, employers and Governments have witnessed and realised the value and importance of good occupational health and safety practice at work during the pandemic.

Furthermore, it comes at a time when a safe and healthy working environment has been recognised as a fundamental principle and right at work through the International Labour Organization. 

We recommend the previously referred Employment and Health and Safety Regulations are withdrawn and/or removed from the Revocation Bill. 

Failing this, we recommend extending the given ‘sunset’ and extension deadline until at least 2030 to allow for a thorough and proper review with impact assessments to be made. This will provide a more achievable timeline than the alternative ‘sunset’ extension period of 23 June 2026. 

Despite the UK’s strong health and safety record, in 2021-22 123 people were killed in work-related accidents, 1.8 million workers suffered from work-related ill health (new or longstanding) and 36.8 million working days were lost to work-related illness and workplace injury. 

So the challenge is far from over. The Government’s focus should not be on compromising health and safety standards but on reinforcing, strengthening them and supporting their implementation to enable workplaces to be safe, healthy, providing decent work, good working conditions and to be positive drivers of innovation, improved productivity and sustainability.

Ruth Wilkinson is head of policy at the Institution of Occupational Safety and Health. For more information, visit www.iosh.com