Labour Research (September 2004)

Health & Safety Matters

European directive puts UK safety standards at risk

A new European plan could stop national enforcement agencies enforcing safety laws for some foreign companies in the UK.

Under proposals in the Directive on Services in the Internal Market, the Health and Safety Executive and local authorities will not be able to inspect, investigate, impose enforcement notices or lay criminal charges against any non-permanent, non-UK European company or individual for breaches of health and safety law.

European companies in Britain will instead have to comply with their own countries' laws, and only safety bodies from their home nations will be able to enforce the law in the UK.

TUC head of safety Hugh Robertson said: "This proposal will effectively make any enforcement impossible in many cases. If implemented in its present form, it could have disastrous consequences.

"The very idea of 'home member state' jurisdiction and enforcement is an absolute nonsense in health and safety terms and must be scrapped."

Skilled and professional union Amicus echoed these concerns. General secretary Derek Simpson said: "The terms of this directive are unacceptable as they stand, and Amicus will campaign against their introduction."

The Health and Safety Commission also opposes the move. Its chair, Bill Callaghan, said: "Health and safety standards risk being seriously undermined by the plan. The 'country of origin' approach threatens health and safety standards and offends the principles of good regulation."


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