IOSH
Post-Brexit and OSH
IOSH policy position
The United Kingdom (UK) left the European Union (EU) on 31 January 2020, calling into question the future of many well-established occupational safety and health (OSH) laws. Here is IOSH’s view.
What’s the issue?
A UK-EU Trade and Cooperation Agreement was implemented in 2020, following the UK’s exit from the EU. Chapter six of the agreement related to labour and social standards and outlined reciprocal commitments not to reduce the level of protection for workers.
In line with the post-Brexit Retained EU Law (Revocation and Reform) Act (REUL Act), the UK regulator, the Health and Safety Executive (HSE), identified 38 pieces of EU law deemed redundant. These were consequently revoked at the end of 2023. A Retained EU law and assimilated law dashboard – GOV.UK shows a list of retained EU law and assimilated law. The dashboard was last updated in July 2024.
In July 2024, the UK elected a new government. The government held a European Political Community summit at Blenheim Palace in late July 2024. It has affirmed the intention to strengthen the relationship between the UK and the EU, agreeing on the vital importance of closer collaboration during an increasingly volatile time.
The EU and the UK government have reaffirmed the Withdrawal Agreement, including the Windsor Framework and the Trade and Cooperation Agreement, as the foundation of relations between the UK and EU. They have restated their joint commitment to the full and faithful implementation of those agreements.[Ref 1] From the UK government, following its manifesto pledges, we are now starting to see what these may mean for worker health and safety.
How does IOSH see it?
IOSH believes that the UK must continue to strengthen and expand the UK’s world-leading system that prevents harm and maintain its reputation as one of the safest countries to work in.
The UK must continue to collaborate with the EU and other countries to improve health and safety standards and to prioritise the prevention of workplace harm and the protection of workers’ rights, also considering workers who are vulnerable and those who may be experiencing modern slavery.
The government must also support businesses to tackle new and emerging workplace hazards and risks, which include climate change and the design and use of artificial intelligence (AI). It must also ensure also that our current and future workforce have the right health and safety skills they need for the role they do.
The Government’s top missions include growing the economy and cutting NHS waiting lists. OSH capacity-building and investment are essential and can contribute to these missions by the prevention and reduction of work-related accidents, injuries, ill health and diseases.
There should be caution when equating deregulation with economic growth. Robust workplace regulatory standards support rather than hinder a thriving economy. They help the UK to be an attractive country for multinationals and partner countries to do business with, and provide safeguards against new and emerging risks.
Post-Brexit free trade agreements provide unique opportunities for the UK to contribute to the promotion of workers’ rights and the enhancement of OSH measures, domestically and in partner countries too. Trade deals should include legally enforceable commitments on labour rights and take measures to combat modern slavery.
IOSH notes that the EU-UK Summit in early 2025 will provide a further opportunity to make further progress on key areas to provide tangible benefits for the people of the UK and the EU.
What needs to happen?
UK Government
- Avoid any deregulation or erosion of workers’ OSH protections, rights, and standards.
- Ratify ILO conventions in recognising a safe and healthy working environment as a fundamental principle and right at work, which includes Convention 155.
- Protect and preserve human rights, decent work, worker protections, ethics and security regarding new and emerging hazards and risks.
- Collaborate and align with partner countries on evolving risks such as AI, climate change, modern slavery and any new and emerging risks.
- Use trade agreements as a force for good – include and enforce a minimum level of OSH regulations and upward harmonisation of regulatory standards and practice.
This policy position represents IOSH’s view as of December 2024, based on the best evidence available to us. We will review it periodically and reserve the right to change and update it, drawing on new information. The latest version will be live on our website.