Workplace H&S Law EC Ruling - Common Sense!

The ECJ rejected the European Commissions (EC) claim that the use of so far as is reasonably practicable restricts an employers duty to ensure the health and safety of its workers and hence is incompatible with EC law.

The ECs argument was that the phrase in question represented a limited liability clause and can act as a defence for employers, restricting an employers duty to ensure safety.
They claimed that this was contrary to Article 5 of the EC Framework Directive which states:

The employer shall have a duty to ensure the health and safety of workers in every aspect related to work.

This ruling comes after a ten-year dispute between the EU Commission and the UK Government on the employers defence of reasonable practicability.

Many employers are expressing relief that, in the short term at least, no changes will be made to existing health and safety practices.

Lord McKenzie, Health and Safety minister hailed it as a "victory for common sense" and Bill Callaghan, Chairman of the HSC echoed his view, commenting, "We continue to believe that the right way forward is a proportionate and risk-based approach protecting employees and others effectively whilst allowing common sense to be applied when deciding on what protective measures to adopt".

David Wright, solicitor at Kennedy's says: "My suspicion is that as far as the short term is concerned, and by short term' I mean years rather than weeks (bear in mind the fact that the Commission's attack on reasonable practicability dates back ten years), no changes will be required or effected to the relevant provisions of UK health and safety legislation..."

"In the longer term, the ECJ's judgment and its Advocate General's opinion before it, leaves the door open for further challenge by the Commission, should the Commission have the stomach for it. The ECJ has not in its judgment sanctioned the UK's allowance of employers to plead time, trouble and expense factors by way of a defence to liability. Hence that particular allowance remains vulnerable to attack."

What is certain is that employers cannot afford to relax their health and safety policies in light of this judgment. Accidents and illness at work continue to cost UK industry billions every year, and companies' health and safety records speak volumes about their work ethic and corporate responsibility. Employers can no longer afford a tick the box' approach to health and safety and must ensure their health and safety strategies are up to scratch.

Source: Workplace Law

Read the judgement here

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