Health and safety | UK Regulatory Outlook for May 2024 – Osborne Clarke

The impact of the general election on the Terrorism (Protection of Premises) Act | HSE publishes strategic approach to AI | Mental Health Awareness Week

The impact of the general election on the Terrorism (Protection of Premises) Act.

The upcoming general elections scheduled for July 4 mean the dissolution of parliament on May 30. As a result, any legislation that was not adopted in the last summary period will no longer be taken into account. It is not certain whether the newly elected government will reintroduce these laws, as there is no obligation to do so.

One of the bills affected is the Terrorism (Protection of Premises) Bill, which has not yet been introduced in Parliament and has now been rejected. The decision to continue applying this legislation rests with the newly elected government and it is possible that it will decide not to continue it.

Given the significant support behind this legislation, commonly referred to as ‘Martyn’s Law’ and developed in response to the Manchester bombings, there is some hope that it may return to the next government’s agenda. Labor supports the bill and recent media reports show the party wants to get it on the statute book as soon as possible, so if elected it seems likely they will revisit it. Moreover, the recently concluded standard tiers consultation in March could provide the new government with valuable information to make amendments to the draft regulations. For now, however, we have to wait and see what actions the new government will take.

More information about the washing period can be found in our article View.

The HSE publishes a strategic approach to AI

The Health and Safety Executive (HSE) has published its Strategic Approach to Artificial Intelligence, which states that the use of Artificial Intelligence falls within the scope of the Health and Safety at Work Act 1974 and therefore the principles of health and safety rights account when using AI.

When assessing and managing risks, the regulator expects companies to conduct a risk assessment of AI applications that impact health and safety and ensure that risk mitigation measures are in place to the extent reasonably and practicable.

The HSE then outlines how it is developing its regulatory approach to AI, which is as follows:

Internally coordinate AI work through an AI Common Interest Group.
Collaborating with government departments to shape AI regulation.
Collaborating with international standards organizations to establish benchmarks for AI interactions with machines and functional safety.
Build relationships with industry and academic stakeholders to share knowledge about AI use cases and their impact on health and safety.
Collaborating with other regulators to encourage a consistent regulatory approach.
Identifying AI developments through horizon scanning and monitoring activities.
Building AI capabilities and experience in specialist HSE areas.
Supporting research offerings aligned with HSE research interests to develop the safe use and regulation of AI.
Create and test a regulatory sandbox for industrial safety technology to explore barriers to its use in construction.

Businesses that may be starting to implement AI should ensure that they have taken into account the risks this may pose to health and safety and that the necessary measures are in place to mitigate these risks. See also the Artificial Intelligence section.

Mental Health Awareness Week

Mental Health Awareness Week ran from May 13-19. In light of this, the HSE reminded businesses of its Working Minds campaign, which raises awareness of how to promote good mental health at work. As a further look at mental health, following last month’s Stress Awareness Month, it provides another important reminder to businesses of the need to ensure mental health is properly managed in the workplace.

Construction completion certificates

The HSE and the Department of Equalization, Housing and Communities have published guidance on how to apply for a certificate of completion or partial completion of high risk building work or construction work on an existing high risk building (HRB).

To register an HRB, building completion certificates must be submitted before residents occupy the building.