header-logo header-logo

UK plc: limited safety?

02 March 2007 / Victoria Howes , Michael Appleby
Issue: 7262 / Categories: Features , Health & safety , Regulatory
printer mail-detail

UK health and safety laws are under the EC spotlight again. Victoria Howes and Michael Appleby explain why

Not for the first time the European Commission (the Commission) has brought proceedings against the UK alleging non-compliance with European laws in the area of health and safety. Numerous cases were brought in relation to non-compliance with the Working Time Directive 93/104/EC, for example. This time, the Commission alleged that the UK failed to transpose the Framework Directive 89/391/EEC (the Directive) concerning the prevention of occupational risks and the protection of the safety and health of workers (see European Commission v United Kingdom C – 127/05).

The original complaint was launched 10 years ago. The main thrust was that the qualifying phrase ‘so far as is reasonably practicable’ used by the UK in its primary legislation, the Health and Safety at Work Act 1974 (HSWA 1974), limited the scope of the employer’s obligation. This, the Commission argues, is incompatible with Art 5 of the Directive.

On 18 January 2007, Advocate General Mengozzi delivered his opinion to the European Court of Justice (ECJ)

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll