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Mr Rahbek  
#1 Posted : 28 June 2016 12:08:11(UTC)
Rank: New forum user
Mr Rahbek

Following the UK's exit from the EU ("Brexit"), it would be very helpful if somebody could devise a list of health and safety legislation which is now likely to be changed and which is already incorporated in the UK statutory books and will consequently stay as it is? I believe this is a job for Regulatory Affairs at IOSH, and I shall look forward to reading a detailed report in a future issue in the IOSH magazine. Thank you.
RayRapp  
#2 Posted : 28 June 2016 12:12:37(UTC)
Rank: Super forum user
RayRapp

I doubt any h&s legislation will be amended or repealed in the immediate future. The Government will be far too busy with other matters...so its a case of watch this space.
Psycho  
#3 Posted : 28 June 2016 12:23:39(UTC)
Rank: Forum user
Psycho

This is not worth doing as any legislation change will take at least 2 years from the article 50 being signed and issued to the EU. Hopefully we get rid of risk assessments !!!!!
JohnW  
#4 Posted : 28 June 2016 12:37:29(UTC)
Rank: Super forum user
JohnW

Psycho wrote:
Hopefully we get rid of risk assessments !!!!!
Ha! :o)) whatever happens I will continue doing risk assessments!
Ian Bell2  
#5 Posted : 28 June 2016 13:04:34(UTC)
Rank: Super forum user
Ian Bell2

I doubt anything will change. At worst the government/Parliament could pass a further over riding Act incorporating relevant safety legislation passed under a EU Directive in to British law e.g. PUWER, DSEAR etc
HSSnail  
#6 Posted : 28 June 2016 13:15:26(UTC)
Rank: Super forum user
HSSnail

Anything could happen! the regulation of H&S was very different pre 1974 and the Health and safety at Work etc Act. Once the UK parliament has control again they could choose to repeal everything, get rid in bits and bats, start again with something new or just leave things as it is. If they want to continue to trade with Europe I guess some things - particularly to do with machinery conformity will not change. As others have said I doubt H&S changes will be high on their priority list at the moment.
Safety Smurf  
#7 Posted : 28 June 2016 13:25:02(UTC)
Rank: Super forum user
Safety Smurf

At the end of the day, risk won't go away and neither will the duty to manage it. The duty to manage risk will still rest with the employer and it would better serve the employers interests if they knew what the risks were, regardless of whether any regs tell you to carry out a risk assessment.
WatsonD  
#8 Posted : 28 June 2016 15:30:05(UTC)
Rank: Super forum user
WatsonD

What makes you think that any of these will change? The EU sets directives to provide a cohesive system among the member states. The directives are generally goal-setting enabling each country to interpret them in such a way that suited their own laws. Therefore, as such these regulations are UK legislation. For example, the management of health & safety at work regulations were implemented in UK national law as a result of the 1989 Framework Directive. As the EU matures these directives become fewer. As a large trading body, the EU is able to require that any countries wanting to trade with it comply with these laws, giving us an easier time, as we already have these laws in place. If we want to continue to trade after Brexit we will still need to adhere to these. The difference now being, that as a non-member, we have no say in the writing of these directives; whereas we used to enjoy Qualified Majority Voting (QMV) meaning each member had a number of votes allocated according to its population. So, the UK along with France and Germany had far more influence (29 votes each) than smaller states such as Malta (3 votes). At least 255 of the 355 votes must be in favour in order for a Directive to be adopted. We will still need to comply with EU rules for our continued trade with them - so I see no change there. However, in order to make Brexit worthwhile we need to agree trade arrangement with other countries, and as a stand alone country may find the likes of USA, China and Japan, among others may require us to adopt dome of their legislation - on the other hand they may not.
DHM  
#9 Posted : 28 June 2016 16:48:01(UTC)
Rank: Forum user
DHM

There is going to be loads of other things for the UK Gov. to think about. As I understand it we gold plate EU legislation ie noise and vibration regs. There is an internal UK legal mechanism that would have to be undone in relation to H&S Law before we can claim BREXIT. The costs are unimaginable.
gramsay  
#10 Posted : 28 June 2016 22:00:49(UTC)
Rank: Super forum user
gramsay

Ian Bell2 wrote:
I doubt anything will change. At worst the government/Parliament could pass a further over riding Act incorporating relevant safety legislation passed under a EU Directive in to British law e.g. PUWER, DSEAR etc
Ian, these things are UK law. The directives (the OSH framework directive for PUWER and the ATEX directive for DSEAR) just ask member states to achieve certain outcomes using their own legal systems. The resulting laws or regulations are entirely ours and remain in force until repealed regardless of what clubs we join. We don't need to do anything with them unless we want to.
gramsay  
#11 Posted : 28 June 2016 22:08:08(UTC)
Rank: Super forum user
gramsay

Safety Smurf wrote:
At the end of the day, risk won't go away and neither will the duty to manage it. The duty to manage risk will still rest with the employer and it would better serve the employers interests if they knew what the risks were, regardless of whether any regs tell you to carry out a risk assessment.
Well said, SS, that's really important.
hilary  
#12 Posted : 29 June 2016 09:44:33(UTC)
Rank: Super forum user
hilary

JohnW wrote:
Psycho wrote:
Hopefully we get rid of risk assessments !!!!!
Ha! :o)) whatever happens I will continue doing risk assessments!
Actually, risk assessments are a really positive thing to come out of Europe. Not everything was bad, some of the early stuff before the EU became a bureaucratic dictatorship (and I voted to stay!!) was really great stuff.
stillp  
#13 Posted : 29 June 2016 20:37:20(UTC)
Rank: Forum user
stillp

Psycho wrote:
Hopefully we get rid of risk assessments !!!!!
Why would you want to stop assessing the risks associated with your activities?
toe  
#14 Posted : 29 June 2016 22:13:31(UTC)
Rank: Super forum user
toe

Hopefully we can get rid of the DSE Regs!
dave.hazell  
#15 Posted : 30 June 2016 19:20:13(UTC)
Rank: New forum user
dave.hazell

stillp wrote:
Psycho wrote:
Hopefully we get rid of risk assessments !!!!!
Why would you want to stop assessing the risks associated with your activities?
"Assessing the risks" is the easiest part of the far more complex task of Risk Assessment ... ;-)
Roundtuit  
#16 Posted : 30 June 2016 20:35:08(UTC)
Rank: Super forum user
Roundtuit

And after the detour would anyone like to help the OP with what appears to be some form of research/policy paper?
Roundtuit  
#17 Posted : 30 June 2016 20:35:08(UTC)
Rank: Super forum user
Roundtuit

And after the detour would anyone like to help the OP with what appears to be some form of research/policy paper?
HSSnail  
#18 Posted : 01 July 2016 14:57:23(UTC)
Rank: Super forum user
HSSnail

Roundtuit wrote:
And after the detour would anyone like to help the OP with what appears to be some form of research/policy paper?
the trouble is the OP may as well as ask how long a piece of string is - until the exit is done and any trade deals agreed with any associated conditions no one can produce a policy paper such as they are requesting.
gramsay  
#19 Posted : 01 July 2016 15:52:22(UTC)
Rank: Super forum user
gramsay

Re-reading the OP I think he asked for two lists:
Quote:
Health & Safety legislation which is now likely to be changed
by which I think he means items which are NOT made by UK institutions (thus will change by default on exit) rather than things we might DECIDE to change, and items
Quote:
which is already incorporated in the UK statutory books and will consequently stay as it is
So, the second list includes ALL uk laws arising from EU Directives, as the Directive only asks us to make our own laws to achieve certain goals. These will not change following UK exit of the EU unless we want them to, just like non-EU legislation. The first list would include EU Regulations applying to H&S matters, but I can't think of any. Is there ANYTHING that would go in the first list? [this is, of course, confused by the fact that many items the UK uses to satisfy Directives are called Regulations in UK law] So the OP's answer might be as simple as 1. Nothing 2. Everything else
gramsay  
#20 Posted : 01 July 2016 16:14:04(UTC)
Rank: Super forum user
gramsay

I have a tendency to go "lalala not listening" whenever chemicals are involved... So I guess CLP and REACH might go in the first list.
Roundtuit  
#21 Posted : 01 July 2016 16:31:35(UTC)
Rank: Super forum user
Roundtuit

CLP & REACH wouldn't necessarily be on the first list. Quite a good balanced synopsis from 3E: http://3ecompany.com/res...RXdkaDBBbzBZRT0ifQ%3D%3D
Roundtuit  
#22 Posted : 01 July 2016 16:31:35(UTC)
Rank: Super forum user
Roundtuit

CLP & REACH wouldn't necessarily be on the first list. Quite a good balanced synopsis from 3E: http://3ecompany.com/res...RXdkaDBBbzBZRT0ifQ%3D%3D
PH2  
#23 Posted : 01 July 2016 16:46:36(UTC)
Rank: Super forum user
PH2

Mr Rahbek wrote:
Following the UK's exit from the EU ("Brexit"), it would be very helpful if somebody could devise a list of health and safety legislation which is now likely to be changed and which is already incorporated in the UK statutory books and will consequently stay as it is? I believe this is a job for Regulatory Affairs at IOSH, and I shall look forward to reading a detailed report in a future issue in the IOSH magazine. Thank you.
In response to the OP's query, I would respectfully ask him "helpful to who?". I would image that the overwhelming majority of IOSH members would see no benefit to them in crystal ball gazing about things which may never happen. Why commit limited Institution resources to something that he could research just as well as anyone else and which will be a purely academic exercise? I agree with previous posters' comments that any changes are likely to be a long way off, and at the back of any queue regarding legislative changes.
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