Securing UK Workplace Health and Safety Protections After Brexit: A Comprehensive Readjustment to Ensure Compliance with International Norms

Lead Research Organisation: University of Liverpool
Department Name: Sch of Law and Social Justice

Abstract

By the best estimates around 140 people die day every day as result of injuries sustained at work or as a result of illnesses contracted as a direct result of work. That is 50,000 people a year. Millions live with work related injuries and illnesses both mental and physical while many, as yet unaware that they have been exposed to damaging substances at work, will develop debilitating symptoms as a result.

The project will set out how the UK can comply with international law as it applies to health and safety at work after we leave the EU. It does so by asking the following research questions:

How can post-Brexit occupational safety and health regulation (including the management of working time) best address the high levels of work related injury, illness and death in the UK?

How can post-Brexit occupational safety and health regulation promote competitiveness and efficiency in UK businesses? At the same time how can we stop unscrupulous employers from burdening the benefits system, NHS and taxpayers with the victims of their inadequate OSH policies and evading the real financial repercussions of their failures?

How can post-Brexit occupational safety and health regulation halt and reverse what has long been a misguided workplace protection 'race to the bottom' in pursuit of short-term profit lobbied for by misguided employers and delivered by their representatives in government?

The project seeks to explore how existing and proposed protections can effectively be 'entrenched' by a programme of ratification of International Labour Organisation OSH and working time Conventions and by revising the UK's relationship with the Council of Europe's European Social Charter so that future governments will be unable to easily undermine or withdraw them. It has long been understood and accepted that expenditure on OSH protection is an investment which, as well as mitigating the incalculable human cost, repays itself many times over in the long term; it benefits employers and the state as well as workers. Nevertheless, those who in the wake of Brexit seek to turn the UK into Europe's 'off-shore sweatshop' promote the idea that OSH protection is 'red tape' which stifles productivity and profitability. They deliberately confuse the absurd actions of over cautious businesses and public authorities with occupational health and safety measures - and they have been very successful in embedding the myth of 'health and safety gone mad' into the national consciousness. Yet OSH is a deadly serious matter, literally a matter of life and death. It is about stopping employers from poisoning their workforces with toxic fumes; about stopping road haulage firms from obliging their drivers to work 15 hour days or 82 hour weeks (as many still blatantly do); about simple measures and procedures which prevent workers falling from a height, from being crushed by machinery or struck by moving vehicles. It is about monitoring workers in order to assess whether their health is being damaged by toxic substances, by musculoskeletal conditions induced by the demands of the workplace - or by work induced stress. It is about paying workers adequate sick pay so they can afford not to come into work when ill. It is about ensuring adequate precautions are taken by means of an effective system of inspection, warnings, prosecutions and the imposition of dissuasive penalties, as well as through advice and education.

OSH is most emphatically not about stopping people from drinking hot coffee in case they scald themselves or any of the myriad absurd supposed 'health and safety' stories which appear regularly in the press. Nor is it about creating a 'Nanny State' or pandering to 'Snowflakes.' It is about stopping employers from killing and disabling their workers and about emulating the OSH standards productivity levels and associated with the most successful economies such as Germany and the Scandinavian nations. That is the aim of this fellowship.

Publications

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Moretta A (2022) The Escalating Crisis of Health and Safety Law Enforcement in Great Britain: What Does Brexit Mean? in International journal of environmental research and public health

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Moretta A (2021) International health and safety standards after Brexit in Institute of Employment Rights Journal

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Moretta, A. (2022) The Escalating Crisis of Health and Safety Law Enforcement in Great Britain: What Does Brexit Mean? in International Journal of Environmental Research and Public Health

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Moretta, A. (2022) The Escalating Crisis of Health and Safety Law Enforcement in Great Britain: What Does Brexit Mean? in International Journal of Environmental Research and Public Health

 
Description Submission to Parliament's Joint Committee on Human Rights on Pay Review Bodies and the Right to Bargain Collectively
Geographic Reach Multiple continents/international 
Policy Influence Type Participation in a guidance/advisory committee
Impact The members of the House of Commons and House of Lords are better informed on Review Bodies and the right to bargain collectively
 
Description Submission to Parliament's Joint Committee on Human rights on the UK the International Labour Organisation and the European Social Charter
Geographic Reach Multiple continents/international 
Policy Influence Type Contribution to a national consultation/review
Impact Members of the House of Commons and House of Lords will now be better informed about the UK's labour treaty obligations when they pass laws.
URL http://committees.parliament.uk/writtenevidence/119587/pdf/
 
Description Institution of Occupational Safety and Health 
Organisation Institution of Occupational Safety and Health (IOSH)
Country United Kingdom 
Sector Academic/University 
PI Contribution I will be speaking at the Health and Safety Event at the NEC on 30 April - 2 May on the impact of the Report of the Robens Committee on Safety and Health at Work 1972 and the Health and Safety at Work Act 1974 and the question whether Robens recommended and the Act implemented sufficient rights for workers and whether the Act 'adequately facilitates the worker's voice in organisational decision making.'
Collaborator Contribution The extension of the invitation.
Impact No outputs or outcomes as yet.
Start Year 2024
 
Description QMUL 
Organisation Queen Mary University of London
Department School of Law
Country United Kingdom 
Sector Academic/University 
PI Contribution Writing and research partnership
Collaborator Contribution Writing and research partnership
Impact Article 'The Escalating Crisis of Health and Safety Law Enforcement in Great Britain: What Does Brexit Mean?' International Journal of Environmental Research and Public health 2022, 19(5), 3134
Start Year 2022
 
Description Article in Tribune 
Form Of Engagement Activity A magazine, newsletter or online publication
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Policymakers/politicians
Results and Impact Article 'We Need a System That Values Safety Over Profit' by Andrew Moretta and David Whyte
Year(s) Of Engagement Activity 2020
URL http://tribunemag.co.uk/2020/04/we-need-a-system-that-values-safety-over-profit
 
Description IER/ North West TUC Roundtable Event 
Form Of Engagement Activity A formal working group, expert panel or dialogue
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Third sector organisations
Results and Impact Roundtable presentations and discussion with the President, Chair and Director of the Institute of Employment rights and representatives from trade unions
Year(s) Of Engagement Activity 2021
 
Description Institute of Employment Rights Blog 
Form Of Engagement Activity A magazine, newsletter or online publication
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Policymakers/politicians
Results and Impact Blog Article 'The Post Brexit Red Tape Paradox Part 1' By Andrew Moretta and David Whyte
Year(s) Of Engagement Activity 2021
URL https://www.ier.org.uk/comments/the-post-brexit-red-tape-paradox-part-1/
 
Description Institute of Employment Rights Blog 
Form Of Engagement Activity A magazine, newsletter or online publication
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Policymakers/politicians
Results and Impact Institute of Employment Rights 'blog' 'The Post Brexit Red Tape Paradox Part 2' By Andrew Moretta and David Whyte
Year(s) Of Engagement Activity 2021
URL http://www.ier.org.uk/comments/the-post-brexit-red-tape-paradox-part-2/
 
Description Newspaper article 
Form Of Engagement Activity A magazine, newsletter or online publication
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Media (as a channel to the public)
Results and Impact Morning Star article by Andrew Moretta and David Whyte 'Workers are paying for 40 years of the state's lax attitude to health and safety,' available at morningstaronline.co.uk/article/workers-arepaying-40-years-states-lax-attitude-health-and-safety
Year(s) Of Engagement Activity 2020
URL http://morningstaronline.co.uk/article/workers-arepaying-40-years-states-lax-attitude-health-and-saf...
 
Description On line article 
Form Of Engagement Activity A magazine, newsletter or online publication
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Policymakers/politicians
Results and Impact 'Blog' article in 'Left Foot Forward.org' 'We have to fight a bonfire of health and safety protections after Brexit,' by Andrew Moretta and David Whyte
Year(s) Of Engagement Activity 2020
URL https://leftfootforward.org/2021/05/we-have-to-fight-a-bonfire-of-health-and-safety-protections-afte...
 
Description The presentation of a paper on Review Bodies on behalf of the Institute of Employment Rights at the House of Lords to audience of trade union officials. 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Third sector organisations
Results and Impact It was an Institute of Employment Rights event on the future of the use of review bodies as an alternative to collective bargaining.
Year(s) Of Engagement Activity 2023