Date published: 01.09.08 - not release date

Relief for employers as EU health and safety challenge fails

PRESS INFORMATION - press enquiries to Sam Dabbs on 07711 672893

DWF600/07
18 June 2007

Employers can breathe a sigh of relief after the UK government successfully fended off a legal challenge by the European Commission which could have obliged them to spend far more on health and safety, according to law firm DWF.

The issue centred on one of the basic tenets of UK law, that employers should take steps to safeguard the health and safety of workers ‘so far as is reasonably practical’. The EC claimed that the use of the phrase contravened the European Framework Directive on health and safety. However the European Court of Justice found in the UK’s favour and dismissed the allegations.

Steffan Groch, health and safety partner at DWF, said: “The use of the phrase ‘so far as reasonably practicable’ has been a long standing feature of English law and predates even the Health and Safety at Work 1974. It introduces flexibility into the law, unlike in some other member states where the rules are written in absolute terms.

“If the UK government had lost the case it would have meant rewriting health and safety laws and employers would have been required to resolve all health and safety issues with no expense spared.

“The judgement vindicates the UK’s position on health and safety, as does our safety record. While care is needed in making comparisons between member states, the EU’s own figures show that, with an annual mortality rate of 1.1 per 100,000 workers, the UK has the best safety record in Europe.”


Notes to editors:

DWF is one of the fastest growing regional law firms in the UK and has recently merged with Ricksons. With over 820 people based in Manchester, Leeds, Liverpool and Preston, DWF provides a range of services grouped under the following practice areas:

Corporate
Banking & Finance
Business Recovery
Litigation
Real Estate
People
Insurance
Private Client

DWF has developed extensive sector-specific expertise in a number of areas including: automotive, education, food and resourcing. Further information on DWF is available via www.dwf.co.uk

Media enquiries to:

Sam Dabbs
Dabbs PR & Marketing
Phone: 01939 210503 or 07711 672893
E: sam@dabbsprm.com