UK may get away with weak safety laws

A legal case brought by the European Commission (EC) over the UK's implementation of European health and safety rules is likely to fail, according to an authoritative legal opinion.

The EC claims that the phrase "so far as is reasonably practicable" in UK legislation allows employers to escape responsibility if they can prove that taking measures would be disproportionate to the risk. It says this represents a failure by the UK to fulfil its obligations under a 1989 framework directive.

But the European Court of Justice's senior legal adviser, the advocate general, last month issued an opinion that "various factors argue against interpreting [the directive] in accordance with the Commission's arguments."

While the advocate general's opinions are not binding, they are usually followed by the court.