Ex-London mayor and (now ex) Conservative leadership candidate Boris Johnson has said that a withdrawal from the European Union gives the UK the "glorious opportunity to set its own laws."
However, Open Europe calculated that two-thirds of OSH related legislation introduced between 1997 and 2009 originated in the EU. Richard Jones, head of IOSH's policy and public affairs, responded to the vote to leave saying "now we're exiting, it's vital the UK continues to apply our successful risk-based health and safety system, which includes laws from EU Directives, because it's been found to be fit for purpose by several independent reviews and is respected and imitated across the world. IOSH will continue to promote agreed international standards and to defend against any erosion of health and safety protections."
Michael Connarty, the former chair of the UK Parliament's EU scrutiny committee, made much the same point when he noted that 90% of EU legislation in force in the UK would probably have been introduced even without our obligations as a member.
So what might we change? Howard Fidderman has recently pointed out that likely candidates for eventual revision or abolition include the Construction (Design and Management) Regulations SI 2015/51, to remove duties for domestic clients, the Control of Artificial Optical Radiation at Work Regulations SI 2010/1140, the Health and Safety (Safety Signs and Signals) Regulations SI 1996/341 and the Health and Safety (Display Screen Equipment) Regulations SI 1992/2792.
Additionally, the Government have expressed an interest in changing requirements for written risk assessments for businesses in what it sees as low-risk sectors. Any further attempts to reduce protection would most likely be triggered only if the UK's economy was threatened by a decline in trade and inward investment. Deregulation would be one way to try and restore our position as an attractive base of the European mainland. However, this assumes that we retain a Conservative Government, as Labour administration are unlikely to have safety deregulation on their agenda.
Another factor which will influence how much room we have to change health and safety legislation is how we fare in negotiating an EU trade deal as almost 13% of our Gross Domestic Product (GDP) depends on exports to the remaining 27 states. Thus, exacerbating the need to maintain favourable terms. Polling before the vote suggested that the majority of UK people favoured a similar arrangement as Norway in that we would be granted membership of the European Economic Area (EEA) with continued access to the free market in goods and services. Though, conditions of such a deal would commit us to maintain EU standards in areas such as OSH law. Alternatively, the UK could agree to an associative relationship such like Switzerland, which involves membership of the European free trade association and would allow us to sign bilateral agreements with the Union.
However, what is sure is that nothing will happen soon as UK legislators are likely to be tied up for a minimum of two years redefining our relationship with the European Union and in multiple trade talks with other states. Brexit may give us more control over OSH law, trade agreements permitting, but it will be some time before we exercise that control and probably to a very limited extent.
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