We understand that it’s not easy for businesses to keep up to date with changes in safety guidance and legislation. We review the key Health and Safety legislation changes for you including the changes to some safety legislation to prepare the UK for its imminent exit from the European Union.
Health and Safety (Amendment) (EU Exit) Regulations 2018
The Health and Safety (Amendment) (EU Exit) Regulations 2018 were drawn up to ensure that the UK’s Health and Safety legislation is fit for purpose when the UK exits the EU. This has been achieved by making minor amendments to 11 pieces of legislation to remove EU references. These changes are expected to come into force on the date of the UK’s exit from the EU. These pieces of legislation include:
- Health and Safety (Safety Signs and Signals) Regulations 1996
- Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995
- Control of Substances Hazardous to Health Regulations 2002
- Control of Artificial Optical Radiation at Work Regulations 2010
- Genetically Modified Organisms (Contained Use) Regulations 2014
- Offshore Installations (Offshore Safety Directive) (Safety Case, etc) Regulations 2015
- Control of Major Accident Hazards (COMAH) Regulations 2015
- Ionising Radiations Regulations 2017
While there may be some slight changes to the regulations that govern health and safety in these areas to remove EU references, the legal requirements and the protection these provide will be the same as they are now.
A separate but complementary set of regulations have been drawn up for Northern Ireland. They are known as the Health and Safety (Amendment) (Northern Ireland) (EU Exit) Regulations 2018.
REACH (Registration, Evaluation, Authorisation & restriction of Chemicals)
In the event of a no deal, the EU REACH Regulations will be brought into UK law by the European Union (Withdrawal) Act 2018 to ensure these regulations will be retained in the UK with the changes necessary to make them work. More information can be found on the HSE website
The HSE has produced guidance for businesses regarding the arrangements to regulate pesticides if the UK leaves the EU without a deal.
Contact our expert Health and safety team here at Wirehouse for advice about specific issues surrounding Plant Protection Products (PPP).
Classification Labelling and Packaging (CLP), Prior Informed Consent (PIC) and Biocides Products Regulation (BPR)
UK businesses may need to prepare for the changes in the Classification Labelling and Packaging (CLP), Prior Informed Consent (PIC) and Biocides Products Regulation (BPR) regimes if the UK leaves the EU without a deal. The HSE have published online guidance regarding these changes.
UKCA Marking to Replace CE Marking in the UK
The UKCA (UK Conformity Assessed) marking is a new UK product marking that will be used for certain goods being placed on the UK market if the UK leaves the EU without a deal.
If a product requires third party assessment of conformity, and if this has been carried out by a UK conformity assessment body, then the manufacturer will have to apply the new UKCA marking after exit day.
The UKCA marking will not be recognised on the EU market, and products currently requiring a CE marking will still need a CE marking for sale in the EU.
Drone SafetyNew legislation introduced on the 13th March 2019 bans drones from flying within 5km of airports. Also from the 30th November 2019, anyone using drones weighing 250g or more will have to register their device with the Civil Aviation Authority (CAA) and take an online safety test. Anyone who fails to register their drones or does not sit the competency test could face fines of up to £1,000.
Mental Ill Health First Aid Guidance
Guidance from the Health and Safety Executive (HSE) states that employers need to implement adequate and suitable first aid provisions. In order to do this, employers must carry out a First Aid needs assessment.
When carrying out this First Aid needs assessment, employers should also consider ways to manage mental ill health in their workplace such as:
- Providing information or training for managers and employees
- Employing occupational health professionals
- Appointing mental health trained first aiders
- Implementing employee support programmes
This is a recommendation, not legislation, so there is no set date when businesses will have to have sufficient mental health provision.
If you require any further information on the upcoming Health and Safety legislation changes and how they will affect your business, please contact our Wirehouse Health and Safety team today.