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UK News - Breaking news in the field of health and safety
Advocate General Mengozzi saves UK health and safety law...
Advocate General Mengozzi saves UK health and safety law duty qualifier
The Commission of the European Communities has failed in its bid to challenge the legality of the use in GB and NI health and safety law of the duty qualifier 'reasonably practicable' (expressed 'so far as is reasonably practicable SFAIRP'). The Commission sought to have it established that the UK had effectively failed to fulfil its obligations under Article 5(1) and (4) of Council Directive 89/391/EEC (The Framework Directive) by employing this qualifier, thus undermining the cornerstone of the entire British system of safety at work under the Health and Safety at Work etc Act 1974.
Advocate General Mengozzi found the Commission’s arguments to be based on an incorrect interpretation of the provisions of the Framework Directive.
Read the judgement at the EU Court of Justice site - Case C-127/05 Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland.
