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
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