European court backs UK government on safety law

The UK’s health and safety laws will not have to be re-written, following a ruling by the European Court of Justice (ECJ).

The 1989 European Health and Safety Framework Directive says an employer is responsible “in relation to all events adverse to the health and safety of his workers”. But legislation in the UK states that this extends only “so far as it is reasonably practicable” for the employer to ensure workers’ health and safety.

The European Commission took the UK government to the ECJ in 2005, arguing that the clause gives employers too much latitude and should be deleted. However, last month the court dismissed the action.

Union responses have been mixed. Walter Cerfeda from the European Trade Union Confederation (ETUC) said the ruling effectively accepted that employers’ duty to ensure safety can be limited by financial considerations, warning that it “could be a sign of encouragement from the European court to states who want to cut back European legislation on workers’ rights”.

But TUC general secretary Brendan Barber welcomed the resolution of the case. “The Health and Safety Executive now needs to get on with ensuring that the UK’s safety laws are properly enforced and that employers who risk the safety of their workforce are brought to book,” he said. “This has always been more important than any worries about the nuances of the wording of our safety laws.”

A briefing on the case can be found in the ETUC’s newsletter at hesa.etui-rehs.org/uk/newsletter/newsletter.asp?nle_pk=24