Government consultations have started on a proposed new product safety framework. John Hooker gives some insight into these consultations and why it matters so much for the safety of UK workers.
The Department for Business and Trade (DBT) has recently published its long-awaited consultation papers on the reform of the UK’s product safety, enforcement and market surveillance framework.
This is the next stage in responding to calls from the British Safety Industry Federation (BSIF) and others to overhaul regulation that is not fit-for-purpose for modern products and supply chains.
It follows on from the Product Safety Review conducted by the DBT, through the Office for Product Safety and Standards (OPSS), and the subsequent passing by Parliament of the Product Regulation and Metrology (PRAM) Act in 2025.
The new legislation will have to cover all types of products from e-bikes and toys to bathroom products and PPE. PPE is different. For PPE products to be safe, they not only have to be inherently safe for the user, but they have to work and provide the user with the protection that they claim. Sector specific regulation and product standards have been built up over years to handle this and the BSIF believes that the current PPE product safety regulation is fit-for-purpose.
The proposal being consulted upon for product safety is a modernisation of the General Product Safety Regulations broadening its scope and focussing more on risks and outcomes. Sector specific regulation will still take precedence but there will be a drive to move more of this under the scope of the new framework. In the longer term we can expect a consultation and review of the PPE regulation. At that point the BSIF will work hard to ensure that all the good parts of the current regulation remain.
The area where we see the most scope for improvement is in market surveillance and enforcement.
Market surveillance and enforcement powers are currently set out in over 71 separate pieces of legislation. The authorities have to navigate their way through the Consumer Protection Act, the Consumer Rights Act, the General Product Safety Regulations and the many New Legislative Framework (NLF) based sector specific regulations with all the ambiguities this creates. No wonder the authorities tread cautiously, and enforcement activities appear to be so time consuming. This is crazy and one set of coherent rules, with clear responsibilities, could make a huge difference.
Crucially, among other provisions, the PRAM Act enables secondary legislation to be brought forward that can place enforceable requirements on those who control access to online marketplaces and those who control the contents of online marketplaces. For too long online marketplaces have been a conduit for dangerous, non-compliant PPE to be placed unchecked onto the UK market. The BSIF’s own market surveillance data showed that 82% of PPE products purchased from non-registered safety suppliers in 2025 failed compliance assessments and most of this was sourced online. Information that employers need to know about the PPE their employees are using in order to meet their obligations under the PPE at Work Regulations is frequently not available at the point of purchase. The Government now has an opportunity to put legislation in place that will hold online marketplaces to account, putting worker safety front and centre, and making the market a much fairer place where responsible suppliers can thrive.
These government consultations will play a key role in shaping the future legislation and the BSIF is putting together a robust response on behalf of our members. The papers can be accessed on the government website and are open for feedback until 23rd June. There is an urgent need for new and effective legislation to keep dangerous products off the market and UK workers safe. This is an opportunity to shape future legislation and I urge responsible companies to get involved.
Of course, all the legislation in the world will not make a difference unless it is adequately enforced and nothing will be as effective as an educated workforce demanding products that are proven to be safe.
A horrendous and tragic example of what can happen when inadequately specified and maintained PPE is used was recently reported by the Health and Safety Executive. A worker sustained serious burns after stepping in a puddle of caustic soda that resulted in his leg being amputated below the knee. It was stated that “the safety boots he had been provided with were not in good condition and did not provide adequate protection against the chemical and had not been sufficiently tested against British Standards”.
We will continue our work at the BSIF promoting the responsible supply of PPE and other safety products helping employers ensure that their employees are safe.