Health And Safety Brexit

Will Health and Safety Change Because Of Brexit?

As of 31st December 2020, the United Kingdom officially left the European Union.

I’m sure everyone is aware of this, however if everyone aware of the changes this has caused to the way you need to go about your business, especially Health and Safety?

 

Well, if you aren’t aware, you’re in the right place as I am going to list some important changes to Health and Safety in business, due to the United Kingdom leaving the EU…. ‘Brexit’.

Brexit has caused some rules and procedures to change in some industries, however it is important to note that your responsibilities to protect the health and safety of those affected by your work activities, remain.

 

The industries/line of work affected by the United Kingdom leaving the European Union include The Chemicals Industry, those placing civil explosives on the market and those manufacturing and supplying new work equipment.

For each of these industries, I am going to go into some detail of the changes involved, to give you an insight.

 

Chemicals Industry

The UK has left the EU but remains strongly committed to the effective and safe management of chemicals.

I am going to cover a brief overview of the following, however there is further guidance from the HSE, if you would like to gather more in-depth information.

  • Biocides – Authorisation of biocidal substances and products

The existing EU Biocidal Products Regulation (EU BPR) has been copied into GB law.

However, it has been amended to enable it to suitably apply for Great Britain.

The majority of content in the EU Biocidal Products Regulation remain the same, however it now works as a standalone regime, named the GB Biocidal Products Regulation (GB BPR).

For more information and specifics, please see here

  • CLP – Classification, labelling and packaging of substances and chemicals

The classification of chemicals placed on the market in Great Britain (England, Scotland and Wales) are regulated by the GB Classification, Labelling and Packaging Regulation, known as GB CLP.

For more information and specifics, please see here: https://www.hse.gov.uk/chemical-classification/index.htm

  • PIC – Prior informed consent

Businesses exporting or importing PIC-listed chemicals from or to Great Britain are required to comply with the new GB PIC regime.

For more information and specifics, please see here.

PPP – Pesticles Or Plant Protection Products

An independent pesticides regulatory regime is in operation in Great Britain (England, Scotland and Wales).

New decisions taken under the EU regime will not apply in Great Britain. All relevant EU law in relation to the regulation of plant protection products has been retained in GB law and retains the same official titles, for example, Regulation (EC) 1107/2009.

For more information and specifics, please see here.

  • REACH – Registration, evaluation, authorisation and restriction of chemicals

The EU REACH Regulation was brought into UK law on 1 January 2021. This is now known as UK REACH and the role you undertook previously in the EU may have changed significantly under UK REACH, so it is very important that you review your role.

For more information and specifics, please see here.

Placing Civil Explosives on The Market

The Explosives Regulations 2014 (as amended) state that economic operators must not place, or make available.

Civil explosives on the market unless they conform with certain requirements, including meeting the essential safety requirements.

Conformity attestation against the relevant tests and correct application of the UKCA mark.

This new UKCA mark is one of the few changes to the rules and procedures as a result of the United Kingdom leaving the European Union.

The UKCA mark stands for ‘The UK Conformity assessment mark’ and it is the conformity assessment marking .

Civil explosives being placed on the market in GB and started to replace CE marking for civil explosives placed on the GB market.

It is important to note that If you placed your civil explosives on the UK market (or in an EU country) before 1 January 2021, you do not need to do anything new.

These individual goods can continue to circulate on either market until they reach their end user and do not need to comply with the changes that took effect from 1 January 2021.

For more information and specifics, please see here.

 

Manufacture and Supply of New Work Equipment

To ensure its safety and ability to be used without harm, all new work equipment must by design, construction and supply comply with one or more legal requirements when first placed on the market or put into service.

There are main provisions of the legislation concerned with the design, manufacture and supply of new products, including:

  • Designing and building for safety
  • Assessing product conformity
  • Demonstrating product compliance
  • Providing users with relevant information

 

Products intended for the UK market must comply with the requirements of all applicable UK legislation, which require UKCA marking instead of CE marking.

However, products in conformity with relevant European product supply legislation and correctly bearing the CE marking will (until 31st December 2021) be treated as satisfying the requirements of the relevant UK legislation and need not bear UK marking.

 

Products intended for the single European market must comply with the requirements of European legislation, including CE marking (PDF). UK product legislation continues to align with many of those EU requirements.

 

Do you need help with your Health & Safety? Look no further – Wurkplace is here to help! Call 0330 400 5490 or Click here and fill in our contact form.

If you’re worried about the state of your H&S, we also offer training courses aimed at improving your safety at work. These include subjects like: Nutrition, Hygiene, Allergy Awareness, COSHH training, Diabetes Awareness, Food Safety, Infection Control, and Slips, Trips, and Falls.

 

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