15 June 2004 - Health and Safety Implications on "Country of Origin" new Framework Directive
Consultations on a new framework directive, if agreed by the European
Parliament and Council of Ministers, could have serious implications to the
Health and Safety standards in the United Kingdom.
This is the concern of the Centre of Corporate Accountability (CCA).
If the text contained in what is known as the "Country of Origin Rule" is
agreed upon, it will mean, that non-UK. European Companies providing
services on a non-permanent basis within Britain will be outwith the U.K.
Health and Safety Regulations, which in turn will mean the Health and Safety
Executive (HSE) and local authorities will find inspections by them to be
outwith their control. They will not be able to either inspect premises,
investigate, nor impose Enforcement Notices if deemed necessary, upon
companies nor individuals.
These non-UK. Businesses, not based here "indefinitely" but providing
services within Britain, have their own HSE equivalent within their own
countries, with who's policies they have to comply and if a breach of HSE
laws within the U.K. is deemed to require that action be taken against a
company, or individual, then the HSE equivalent within the foreign country
will be the body able to uphold and enforce the U.K. laws.
However, for British Businesses providing services on a non-permanent basis
overseas, they will have to comply with the HSE Regulations according to
British laws and the HSE will be responsible for any inspections,
investigations and ultimately law enforcements which may arise, if in
breach.
The Director of the Centre for Corporate Accountability Mr David Bergman
explains clearly what implications to both sides of the continent there
could be, if this legislation change is approved:
"This
must surely not only be wrong in principle, but must be unworkable in
practice. If HSE inspectors go to a factory and find that a non-British
European business - which is not based in Britain 'indefinitely' - is
failing to comply with health and safety law in the way it provides a
service to the factory, the Directive would mean that the inspector could do
nothing, even if the company's working practices are in serious breach of
the law. The HSE would have to inform the regulator from the business's
country of origin and wait to see whether they will act. A similar British
company giving the same service at the same factory, in contrast, could have
an enforcement notice imposed on it and if the breach is serious enough, be
subject to prosecution.
"Equally, the HSE - already with limited resources - would be responsible
for enforcement of safety law in relation to British companies operating (on
a non-permanent basis) in the rest of Europe. How would HSE inspectors be
able to do that in X number of countries when the inspectors are unlikely to
be able to even speak the language of the host country.
"The reality would surely be that any European businesses operating
temporarily in another European country would be outside of the reaches of
the law.
"The Directive is proposing quite an extraordinary proposition - which one
can't really be believe it ever meant."
