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21 February 2006 - EC To Take Legal Action
Over HSWA
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The European Commission (EC) is to take legal action over
Britain's Health and Safety at Work Act etc 1974 (HSWA), describing it as not
being strict enough.
The EC concern is over HSWA legislation which states that
employers who are responsible for the welfare of their staff whilst in the
workplace should provide health and safety "so far as is reasonably
practicable."
It is argued, that If the "reasonably practicable" phrase were
removed from HSWA, small businesses and other public sector industries such as
the police force, would be adversely affected by such changes.
The Federation of Small Businesses' (FSB) concerns were, that
thousands of businesses would be at risk if employers were expected to provide
blanket protection no matter the cost or risk.
Public sector industries, such as the police force and others
who cannot guarantee the health and safety of their employees, could if the
legislation was altered, be forced into preventing such employees from doing
anything which was deemed potentially dangerous.
Mary Broughton FSB Health and Safety spokeswoman said:
"The central phrase in the 1974 Act 'so far as is reasonably
practicable' is important to small businesses. It gives flexibility to small
firms to allow them to take proportionate steps to protect their workforce and,
by extension, their business.
"Good employers know that their workforce is their most vital
resource and take all appropriate steps to safeguard their staff.
"The current situation must be maintained to prevent
potentially devastating costs being placed on businesses to take precautions
that common sense would suggest are unnecessary.
"Any change would spell closure for some firms meaning that
instead of protecting people's jobs it would put them at great risk."
Jan Berry, Police Federation Chairman said:
"The current balance worked well for both employer and
officers and did not need changing.
"Different circumstances require different levels of
protection and it is important that the safety of all officers and members of
the public is taken into consideration. But there is no evidence that the
current wording of the Health and Safety Act under debate has an adverse effect
on the safety of officers."
Commenting on the issue, The Department of Work and Pensions (DWP),
was content with the British test and said:
"The fact is that our system has served us very well and as a
result we've got one of the best health and safety records in Europe.
"We're taking a very strong stance on this and are fighting
hard."
EU expert, Lee Rotherham, added:
"What this adds up to is managers having to keep their
employees wrapped in cotton wool.
"Anything which could hamper the ability of frontline
emergency services doing their job must be a concern to everybody."
However, Government Ministers and business leaders intend to
fight the legal action, insisting that HSWA is the cornerstone of how the
British workplace operates and stress that Britain has the best health and
safety records within Europe.
Article by Alexandra Johnston
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