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The UK Government Ponders a Risk-Based Approach to Product Safety

Key Themes and Initiatives Emerge from the Ongoing Product Safety Review.

As the UK Government delves into a comprehensive review of product safety legislation, a shift towards a more risk-based approach to product safety and testing looms on the horizon.


The Product Safety Review Unveiled


Initiated in 2021 and ongoing in 2023, the Product Safety Review (PSR) led by the UK Government's Office for Product Safety and Standards (OPSS) has released its analysis of findings from the call for evidence on product safety. This extensive review evaluates the effectiveness of the current product safety framework in addressing new risks, fostering innovation, and ensuring safe outcomes.


Crucial Considerations in the Review


The PSR focuses on three primary considerations:


1. Adaptability to New Risks and Technologies: Given the aging nature of some product safety laws (over 30 years old), the review aims to ensure that the legal framework remains relevant and effective in the face of emerging technologies like artificial intelligence (AI) and 3D printing.


2. Five Key Themes of Focus: The review homes in on five pivotal themes: product design and manufacture, new models of supply (especially e-commerce), new products and product lifestyles (e.g., AI applications), enforcement, and a diverse and inclusive product safety framework.


3. Call for Evidence Responses: Although the call for evidence garnered 158 responses, only 18 came from manufacturers or distributors, prompting reflections on the low response rate and the potential impact of regulatory changes.


Key Themes from the Responses


1. Outcomes-Focused, Risk-Based Approach: Respondents emphasised the need for a more explicitly risk-based framework, urging higher requirements for tests and assessments, particularly for products with inherent hazards and elevated risk in the supply chain. The shift aims to enhance transparency and safety.


2. Serious Challenges and Opportunities: The evolving landscape poses serious challenges, including the surge in online marketplace sales and the need for a safety framework that adapts to innovations. Supporting the transition to net-zero and environmental benefits from energy-efficient products also stands out as a priority.


3. Simple, Proportionate, and Consistent: Post-Brexit, there's an opportunity for a bold rethink of the product safety regulatory landscape. The OPSS advocates for a future framework that is simple, consistent, and risk-proportionate to prioritise growth and innovation.


Long-Term Vision and Immediate Actions


The OPSS adopts a long-term perspective, envisioning a multi-faceted reform program to shape the regulatory framework. Simultaneously, it pledges immediate action, particularly in online markets. Key steps include focusing on safety and compliance, challenging online marketplaces, leveraging digital tools for regulatory action, and issuing clear warnings to consumers about online safety risks.


Anticipating Action


As the OPSS signals its intention for bold regulatory reform and immediate measures, both professionals in the industry and consumers eagerly await the translation of rhetoric into tangible actions. The evolving landscape of product safety regulation will likely have a lasting impact on business practices and consumer protection in the UK.


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