The Labour Party’s landslide victory in the recent UK General Election has ushered in a wave of employment law reforms that promise significant implications for Occupational Safety and Health (OSH) as well.
No specific announcement was mentioned in the King’s Speech so we will need to further wait for them to outline their programme in more detail. What we do know is that the Labour government plans to establish a single enforcement body to enforce workers’ rights going forward.
The focus of this new body is to include equality and human rights alongside other aspects of employment law such as health and safety, minimum wage, and worker exploitation. Its purpose is to have strong powers to undertake targeted and proactive enforcement work, such as carrying out unannounced inspections, following up on anonymous tip-offs, and bringing civil proceedings to uphold employment rights.
So Labour wishes to end exploitative employment arrangements – zero-hour contracts, provide greater job security, and rebalance the employer-worker relationship. Such contracts make workers increasingly vulnerable in terms of their physical and mental health.
But they have also promised to overhaul the rules around Health and Safety at work, and use this single enforcement body to monitor this, low and equal pay, illegal workers and other worker rights.
These measures have had the support of the Health and Safety community, and as Ruth Wilkinson, IOSH Head of Policy and Public Affairs, said “Improvements to statutory sick pay will go a long way to preventing people from returning to work too soon, which can also contribute to long-term impacts on their health.”
Key OSH Areas to Watch
1. Building Safety: Labour promises decisive action on building safety, including regulatory reforms to prevent tragedies like the Grenfell fire and to improve the safety and security of public venues. The Health and Safety Executive (HSE) will initially play a crucial role as the building safety regulator. The outcomes of the ongoing Grenfell Inquiry will shape future enforcement actions.
2. Patient Safety: The new Government’s health reforms include commitments to improve maternity care and regulate NHS Managers, aiming to enhance patient safety across the healthcare sector.
3. Mental Health: Labour acknowledges the mental health crisis in the UK, and plans to integrate measures to support employee wellbeing within health and safety frameworks. This includes engaging with stakeholders to ensure comprehensive mental health support and to modernise the Mental Health Act.
4. Modernisation of Key Regulations: They intend to review and modernise health and safety guidance and regulations to reflect contemporary workplace conditions, including new guidance on managing extreme temperatures.
5. COVID-19 and Long Covid: The Government has committed to reviewing existing regulations and guidance to adequately support and protect workers experiencing long Covid symptoms, ensuring comprehensive workplace safety.
6. Workplace Harassment: Labour will require employers to establish and maintain environments free from harassment, including sexual harassment, through stringent policies and practices. Expect possible future enhancements to the last Government’s new Worker Protection (Amendment of Equality Act 2010) Act 2023, which is due to come into force on 26th October 2024 that could strengthen protections beyond the new Preventative Duty that employers must demonstrate. They have also made a promise to announce changes to the law to make assaulting retail workers a crime.
7. Self-Employed Workers: Clarifications will be made regarding the status of self-employed workers, and the application of health and safety laws to this group, aiming to ensure their rights and protections are clearly defined.
Action Items for Organisations
To align with the incoming changes, organisations should:
- Enhance Safety Practices: Prepare for new building safety regulations and potential enforcement actions following the Grenfell Inquiry.
- Review your Risk Assessments: You should do this on a regular basis anyway, but it is especially important when the law is changing.
- Support Mental Health: Develop comprehensive mental health support programs to align with the new Government’s wellbeing initiatives.
- Modernise Safety Protocols: Stay informed about updates to health and safety regulations, and ensure compliance with new guidelines on workplace conditions.
- Combat Harassment: Implement robust policies to prevent and address all forms of workplace harassment effectively.
These reforms signal a significant shift in the UK’s employment landscape, prioritising worker protections and modernising OSH standards. Organisations must proactively adapt to these changes to ensure compliance and promote a safer, more equitable workplace.
The guidance provided in this article is just that – guidance. Before taking any action, make sure that you know what you are doing, or call an expert for specific advice.
