Brexit: Key Updates

April 8, 2021

Brexit detailed and established the UK’s departure from the EU. This move constituted key changes on many levels, including trading and health and safety. It is important that industries are aware of what changed and what remained the same after Brexit.

Workers’ rights, working time directives and GDPR

The EU (Withdrawal) Act 2018 affords workers the same workplace protections as before. If foreign employees have worked in the UK for five years or more, they may apply for ‘settled status’. This will afford them rights similar to those of citizens, but such applications must be made before 30^th June 2021. Working in the UK without this application would be illegal after the stated date.

The working time directive currently applied in the UK incorporates the EU directive passed in 2003. Workers are still limited to a 48-hour work week and need to apply in writing to opt out of this stipulation. Night-shift hours should not exceed eight hours a night. Workers are entitled to 28 paid leave days per year.

The EU’s General Data Protection Regulation (GDPR) of 2016 will not be applied to the UK until 30^th June 2021. Among other things, this regulation regards the transfer of data to and from countries outside the EU as third-party country transfers. After the stated date, the UK will be regarded as a third-party country and data transfers, which include personal data, will be regulated and managed as per the mentioned legislation.

In essence, this means that personal data transfers from the UK will be regarded as not having the required standards of data protection. It is therefore crucial that UK companies brush up on the necessary requirements when data is transferred to and from EU countries to ensure compliance and avoid complications.

UKCA and CE markings

Products traded within the European Economic Area (EEA) needed the CE – Conformité Européenne – mark. This product mark confirmed that goods complied with health, safety and environmental standards.

Since exiting the EU, the UK Conformity Assessed (UKCA) mark replaced the CE mark on relevant goods. This regulation came into effect on 1^st January 2021. Companies have a grace period of 12 months to comply, which means that the CE marking will still be accepted until 1^st January 2022. The new UK quality assessment criteria will reflect EU standards.

Different conformity rules will apply to different products. Medical devices, for example, have to carry both marks for two years. You are advised to follow news and updates on marking specifications and regulations to implement the necessary compliance measures.

Chemical safety: UK REACH

Health and safety where chemicals are concerned have always been a priority. The UK affirmed its commitment to the safe and responsible handling of chemicals after exiting the EU. The HSE issued guidelines on regulations that changed regarding the management of chemicals.

One of the most prominent changes was incorporating the EU REACH regulation into UK legislation. EU REACH – the Registration, Evaluation, Authorisation and Restriction of Chemicals regulation – is the primary control for managing chemicals in the EU. This control includes the management of imports and exports.

The incorporation of this regulation – now known as the UK REACH regulation – enabled the UK to replicate and create a database of registration dossiers. Essentially, this means that companies engaged in chemical operations must abide by both the UK REACH and EU REACH stipulations.

Companies should be aware of some key principles included in the REACH regulation:

• Unregistered substances will not be allowed on the UK market.
• Animal testing should only be used as a last option.
• The promotion of transparent governance allowing workers access to information.
• The precautionary principle should be followed when scientific evidence cannot exclude dangers to the environment or humans.

REACH also applies to all imports, distribution, or usage of chemicals or chemical-based products. These include household cleaning products and chemicals used in industrial processes and electrical appliances. In effect, REACH makes the trader responsible for chemical handling and trading.

The HSE also provides specific Brexit guidance on the:

• Authorisation of biocides and biocidal products. A biocide is classed as a chemical that destroys biological organisms or matter. Examples would include pesticides or fungicides.
• Classification, labelling and packaging (CLP) of chemicals and chemical substances. Seton provides an approved range of chemical handling and storage solutions.
• Management of pesticides or plant protection products (PPP).

All UK businesses should act prudently and familiarise themselves with health and safety changes and change-related time frames now that Brexit is completed.