News Story – Incident / Accident / Prosecution
Does a new Government spell a new dawn for UK health and safety?
What can we expect from the new Labour Government when it comes to health and safety?
The recent election saw Labour acquired a landslide majority with 63% of seats in the House of Commons. The King’s Speech that followed made various statements to suggest what the renewed focus and priorities will be for the newly formed Government. The below shares legal insight and opinion on what we may expect in health and safety for 2024 and beyond.
Product Safety
The Product Safety and Metrology Bill, led by the Department for Business and Trade, was given a specific mention. Among other things, it is set to play a part in product safety reform and ensuring the UK is better equipped to manage modern day safety such as growing fire risks associated with e-bikes and lithium-ion batteries.
Over recent years, appetite for enforcement in product safety has perhaps been to a slightly lesser extent than for health and safety/fire breaches. However, the King’s Speech made clear it wants to enable Government and Regulators to tackle non-compliance, target market surveillance, and increase leadership seen for product safety and metrology issues.
Therefore, it is likely the Government will make Trading Standards, and the Office for Product Safety and Standards (OPSS) deliver greater regulatory scrutiny and carry out more targeted enforcement. This is only further supported by the increased role OPSS has now under the Building Safety Act 2022 (BSA), in relation to building and construction products.
Counter Terrorism
Labour set to improve safety and security of public venues, with the Terrorism (Protection of Premises) Bill (“Martyn’s Law”). The legislation is set to introduce a new regime and measures to improve safety and security in public venues, following recommendations from the Manchester Arena bombing. The last consultation closed on 18 March 2024, and we should therefore anticipate that final responses will now be considered, and the new law will be implemented shortly.
Mental Health
The King’s Speech stated that “mental health will be given the same focus as physical health”. As such, health and safety and employment law may need to be reconsidered (although existing frameworks and guidance already cover this). There have been remarks to further tackle the ‘always on’ culture and for workers to be given a statutory ‘right to switch off’. This has been expected by health and safety specialists for some time, it means the Government is likely to be increased regulatory scrutiny and enforcement around mismanagement of workplace mental health and stress. The recent comments could only reinforce this, so we may expect more regulatory attention to this area.
Duty of Candour
Recent events (Grenfell, Hillsborough, Manchester Arena, Post Office and Covid Inquiries) have triggered new regulation, and a call for imposition of a specific ‘duty of candour’ to avoid those who are in public office seeking to not disclose or avoid being fully transparent, when things go wrong.
As such, Hillsborough Law was specifically mentioned, and is likely to be brought in to help rebuild trust and respect for public bodies. It will likely impact on the way public inquires and inquests in the future are held. Particularly if there is a requirement that evidence and findings of major inquests are fully taken into account at any subsequent criminal trials.
Priority Sectors
Historically, construction year-on-year has been one of the most accountable sectors for work-related fatalities and accidents, primarily due to its high-risk activities. With the Government wanting to introduce 1.5 million homes in the next five years and proposals to reintroduce mandatory homes targets, it may be unlikely that we see any reduction in work-related accidents in the sector. In fact, we may only predict figures increase, especially with aging workforce and the on-going skills gap.
Climate Challenge
With the Government’s ambitious housing plans and continued momentum around alternative energy, net-zero is likely to remain a priority. Energy efficiency standards for homes will likely come under further scrutiny, and there may be fresh consideration about the use of hydrogen. UK boiler manufacturers were reported as saying previously that they supported new legislation to mandate all domestic boilers being ‘hydrogen ready’ from 2025.
However, Gas Safety (Management) Regulations 1996 (GSMR) and Dangerous Substances and Explosive Atmosphere Regulations 2002 (DSEAR), among others, already apply to hydrogen. If the drive for an increased use of alternative energy and hydrogen is reconsidered, we may anticipate further review and introduction of new standards, best practice and guidance to still address new innovations, retraining of staff, as well as requirements around maintenance and storage of fuels and/or equipment.
Standards and Governance
Finally, further steps are still being taken to improve and drive home more consistency in some sectors, like housing. Post Grenfell, social landlords in England are to be held more accountable, and a variety of reforms proposed. It is to be anticipated that the standards and regulation in housing will continue to be reviewed under Labour; for example, they could impose new competency requirements for senior Housing Executives, and introduce Awaab’s Law (certain steps and specific timeframes to respond to damp and mould). Furthermore, the sector may attract further attention in light of the Building Safety Act and the awaited Phase 2 Grenfell Inquiry Report in September, which will comment on how the tower block came to be in a condition that allowed the fire to spread.
The Health and Safety at Work Act
Under Labour, as part of its Plan to Make Work Pay policy, there is also likely to be review of workers status and definitions, although this is unlikely to change any of the key protections already afforded to workers under primary health and safety legislation.
It is fifty years’ since the Health and Safety at Work Act 1974 (HSWA) was first introduced, yet 138 work related fatalities still reported in the most recent published HSE statistics. In light of this, there appears to be an appetite for Labour to ensure health and safety can continue to be robustly upheld and undoubtedly still remains a place for HSWA, while considering any new requirements and/or increasing enforcement to better reflect the more modern world and workplaces in which we now operate.
News Story – Legislation / Changes
‘Martyn’s Law’ introduced to Parliament to better protect the public from terrorism
The public will be better protected from terrorism under new laws requiring many public venues to improve preparedness against attacks and bring in measures to help keep people safe.
The new legislation, also known as ‘Martyn’s Law’ in tribute of Martyn Hett who was killed alongside 21 others in the 2017 Manchester Arena attack, will make sure venues across the UK must consider the security of the public, and take steps to protect them from harm.
This will deliver on the government’s manifesto commitment to strengthen the security of public events as well as the Prime Minister’s personal promise to Martyn’s mother, Figen Murray, that he would bring in this law.
Under the changes, a new duty will be placed on those responsible for premises and public events, requiring them to take appropriate action to strengthen public safety, with requirements reflecting the size of the venue and the activity taking place.
Home Secretary, Yvette Cooper, said:
Martyn’s Law has been a long time coming.
I want to pay tribute to Figen Murray and her campaign team who have tirelessly worked to make this happen.
This legislation will strengthen public safety, help protect staff and the public from terrorism and ensure we learn the lessons from the terrible Manchester Arena attack and the inquiry that followed. It is important we now take this forward through Parliament in Martyn’s memory and to help keep people safe.
Figen Murray, mother of Martyn Hett, said:
I want to thank everyone who has played a part in getting the bill to this stage, and especially the Prime Minister, who gave me his word that he would act quickly to introduce Martyn’s Law. He said he would act quickly and he has.
Today means we are one step closer to making public spaces safer for everyone. It is also hugely important for my family that Martyn’s Law will be on the statute book ahead of the next anniversary of Martyn’s death.
As set out in the bill, those responsible for premises will be required to fulfil necessary but proportionate steps, according to their capacity, to help keep the public safe. This includes a tiered approach, linked to the size of the venue, how many people will be there and the activity taking place, making sure undue burdens are not placed on small businesses.
A standard tier premises will apply to locations with a capacity of more than 200 people but under 800. These businesses will be asked to undertake simple yet effective activities to put in place procedures to reduce harm to the public in the event of an attack. These could be as simple as training staff to lock doors, close shutters and identify a safe route to cover.
The enhanced tier will apply to premises and events with a capacity of more than 800 individuals, given the devastating impact an attack could have in these spaces. These locations will need to put in place measures such as CCTV or hiring security staff.
Security Minister, Dan Jarvis, said:
We are determined to strengthen security at public events and venues and passing Martyn’s Law will be vital step forward in this objective.
Today’s bill is the result of a considerable amount of consultation, consideration and collaboration. I look forward to working with colleagues in Parliament to deliver this important legislation.
Head of Counter Terrorism Policing, Matt Jukes, said:
Through Martyn’s Law we can ensure that the public have additional protection from terrorist attacks while at events and public venues. Counter Terrorism Policing welcomes today’s bill and we look forward to seeing it progress through Parliament.
We’re all inspired by and motivated by the experience of victims and survivors. Figen Murray has campaigned tirelessly for Martyn’s Law and it’s thanks to her unwavering determination that we are one step closer to ensuring the public has additional protection in the form of this legislation.
We will continue to work with the public, with businesses, and with the government to ensure that when a terrorist attack takes place we have the right mitigations in place that will prevent other families from experiencing those tragedies.
Following Royal Assent, businesses will be given time and support to understand and implement their new obligations and allow for the new regulator to be established. This will include dedicated guidance so that those affected will have the required information on what to do and how best to do it.
ICE Risk Management – Product / Services / News
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