12 July 2004 - HSC Expresses Concerns Over "Country of Origin" Rule
The Health and Safety Commission (HSC) has expressed its concerns and responded to the Department of Trade and Industry (DTI) consultation on the draft EC Directive on Services in the Internal Market.
The HSC is concerned that where people are seriously injured or killed by a temporary service provider, the "country of origin" rule would mean huge uncertainties about whether enforcement and prosecution was possible. The HSC also expresses concerns over the impact on victims and bereaved families and how people aggrieved by an enforcement decision could hold the other Member State’s enforcing authority to account.
The rule would mean that the Health and Safety Executive (HSE) and local authorities will not be able to inspect, investigate, impose enforcement notices on or lay criminal charges against non-UK European companies or individuals for any breaches of health and safety law.
HSC Chair Bill Callaghan commented:
”I
welcome the Directive’s overall aim to promote proportionate, sensible and
non-discriminatory regulation across Europe, but health and safety standards
risk being seriously undermined by the plan to remove service providers from
other Member States, in Britain temporarily, from GB health and safety
legislation – the ‘country of origin’ approach.
“The country of origin approach threatens health and safety standards and
offends the principles of good regulation. Temporary service providers would
be subject to their home State’s laws and authorities through new liaison
procedures which will cause confusion and make a nonsense of criminal
enforcement to deal with risks in services.”
The full HSC response can be accessed on the HSE web site by clicking here.
