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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll