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Here is something that we need to keep an eye on-“the Brexit Freedoms Bill”. This is a piece of new legislation that is aimed at “ unleashing the benefits of Brexit”. It will enable the government to alter or even abolish legal requirements imposed as result of our EU membership. When we left the EU(in a bit of a hurry!) all exist EU requirements were incorporated into UK law. This will no longer be the case; the new legal requirements will “ensure that businesses can spend more of their money investing, innovating and creating jobs” and “promote a distinctive approach to UK law”. The government haven’t actually said what in detail they will change but based on their record there could be a “bonfire of red tape”. Of course, a business owner’s red tape might be an employee’s guarantee of a safe and secure job: we will see.
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 1 user thanked A Kurdziel for this useful post.
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Rank: Super forum user
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AK - I suspect that this will be a case of "wait and see". Several attempts made over the last few years to have a bonfire of supposed "red tape" when it comes to occupational health and safety, but several reports have come to the same conclusion - the UK system is substantially robust. So, the Coalition Govt gave Lofstedt a remit to look at "Regulations" but that word got translated in all subsequent paperwork to mean "Codes of Regulations". Thence giving that Govt the chance to assert that it had removed or improved 83% of all health and safety "Regulations" in its term of office. Simples - consolidate lots of Codes of Regulations to produce generally fatter Codes and say that you have removed many "Regulations". The maximum example was with underground mining (a sector that I have not dealt with). Took about 50 Codes of Regulations and stuck them together to form one mega Code. So, 'we have removed 49 "Regulations" '. "Just like that" as one magician used to say. I think the DSE Regs could go. I think that they might clear up part of the mess in RIDDOR and opt for either an Over 3 Day Injury or an Over 7 Day Injury. I think they might even burn CDM and revert to something similar to what was in place before and rely on the provisions of the Management of Health and Safety at Work Regulations 1999 for the management aspects of CDM. Other than that HM Government has a problem in Section 1(2) of HSWA. That's the bit which says that new Regulations must be such as to maintain or improve standards achieved by what was in place before. They could try to repeal Section 1(2) but I think that this might be extremely contentious not least given that HSWA was enacted with cross party support (and that of both Employers' organisations and the Unions).
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Rank: Super forum user
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In the work up to this which seems to be a bit of a train wreck... Worth a read on the structure and pitfalls of how the delegated legislation is currently structured and the problems with the process. https://www.hansardsociety.org.uk/publications/reports/delegated-legislation-the-problems-with-the-process
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