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

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

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll