Maximum working temperatures
The new UK government has stated a commitment to review health and safety guidance and regulations with a view to modernising legislation and guidance where it does not “fully reflect the modern workplace”. Labour also says it will bring in new guidance in relation to extreme temperatures in the workplace having identified that there are a number of sectors people where people are required to work in temperatures which are unacceptably high. Currently, recommended minimum and maximum workplace temperatures are set out in health and safety guidance, rather than legislation. It seems likely that proposed new recommendations around working temperatures will be dealt with via new health and safety guidance, rather than new legislation.
Long Covid
The Government has also committed within their Plan to Make Work Pay publication to a review of whether existing legislation and guidance is adequate to support those experiencing the symptoms of long Covid.
The self-employed
Clarification around the status of the self-employed and the application of health and safety laws for the self-employed is also promised, although this is a longer-term potential change.
Labour has also referred to their plans to work with trade unions and other stakeholders, including membership organisations such as FSB and small businesses, in conducting this review with the aim of supporting the wellbeing of workers and their long term physical and mental health.
More enforcement of existing legislation
The Health and Safety at Work Act 1974 is the primary piece of legislation, under which regulations have been made, which continues to govern existing health and safety responsibilities and obligations.
Based on the Labour Party Manifesto and Labour’s Plan to Make Work Pay, published in May 2024 and The King’s Speech to Parliament on 17 July, it seems unlikely that there will be any fundamental changes for small businesses and others in respect of how health and safety is legislated in the UK. However, in terms of enforcement of legislation, the Labour Party has cited that the Health and Safety Executive and local authorities (who are responsible for enforcing health and safety legislation) have lost funding of more than 50% in the last decade to inspect workplaces. They say under-resourced and over-stretched agencies have struggled to enforce health and safety regulations, including through unannounced inspections and follow ups on anonymous reports, and that this under-enforcement has resulted in preventable deaths and ill-health.
Labour say that they will establish and properly fund a Single Enforcement Body which will be given extensive powers to inspect workplaces and bring prosecutions and civil proceedings on behalf of workers, including in the area of employment law breaches. It is hoped that any increased regulation will also be with coupled with clear guidance and support for small businesses. In our experience, small businesses, in particular, often struggle to interpret legal obligations in understanding how to implement existing health and safety legislation.
Consumer product safety
The King’s Speech in July 2024 contained plans to introduce a Product Safety and Metrology Bill. While the details are unclear at this stage, the speech suggests that the new proposed legislation will allow current UK alignment with European product standards to continue. The stated aim of the proposed Bill is to ensure “that the law can be updated to recognise new or updated EU product regulations, including the CE marking, where appropriate to prevent additional costs for businesses and provide regulatory stability”.
However, it adds that “the legislation will also ensure the UK can end recognition of EU product regulations, where it is in the best interests of UK businesses and consumers”.
The new UK Conformity Assessed (UKCA) mark required for certain goods, including toys, machinery, electrical and construction equipment, when first placed on the UK market, is due to replace the long-used European CE mark after 30 June 2025. There have been a number of extensions to the deadline for when businesses need to use the UKCA mark. This means products will need to be tested and certified under new UK standards from July 2025, unless extended further.
The UKCA marking product rules apply to England, Scotland and Wales only, as the Windsor Framework means EU regulations remain in effect in Northern Ireland.
Northern Ireland
In Northern Ireland, The Department for the Economy has launched a consultation seeking views on changes to a range of employment policy areas. Details of the consultation can be found here. Some of the proposed legislation mirrors recent legislation introduced in the last few years in England, Scotland and Wales.
To assist members with compliance in this area, health and safety guidance and template documentation can be found on the FSB Legal and Business Hub and members also have access to the health and safety advice line as part of their membership. A summary of the proposed employment law changes can be found in the fact sheet guidance, ‘What can employers expect under the new Labour Government’ in the employment category of the FSB Legal and Business Hub.
Additionally, for tailored health and safety requirements and more complex telephone advice, members can access additional add-on health & safety consultancy services on a fee-paying basis, including for retaining the services of a named competent advisor and other packages, click here for more details.