Luxemburg, 14/06/2007 (Agence Europe) - In a judgement delivered on Thursday 14 June (Case C-127/05), the Court of Justice of the European Communities dismissed the action brought against the United Kingdom by the Commission, which claimed that British legislation provided employers with an escape clause in terms of safety in the workplace. This judgment is in line with the conclusions of the advocate general, who highlighted the need to examine the clause in question in the framework of national legal practices (see EUROPE 9357).
In September 1997, the Commission accused the United Kingdom of not implementing the framework directive on health and safety in the workplace (Council directive 89/391/EEC). Among the shortcomings was unsatisfactory transposition of Article 5 which stipulated that the employer was obliged to ensure the health and safety of workers in all contexts related to work. The British Health and Safety at Work Act 1974 (HSW Act) limits employers' obligations by inserting, in a large number of its articles, the clause “so far as is reasonably practicable” (SFAIRP clause). The Commission feared that this clause could be used by irresponsible employers to avoid expenditure to protect workers' safety.
The Department of Work and Pensions (the Government body responsible for legislation relating to working conditions) (DWP) strongly maintains that the Commission's legal interpretation dopes not take account of the special nature of the legislation in England and Wales. A spokesman for the DWP told EUROPE that European directives must be applied to the letter, unlike in the French system, for example, where interpretation is left to the judges' discretion. If the directive without the SFAIRP clause would mean employers would have to create a working environment devoid of all dangers and risks, something which is, clearly, impossible.
The Court was also of that opinion, underlining that, when considered in the light of national jurisprudence, the SFAIRP clause does not represent an illegal limitation of employers' obligations towards the safety of workers. Lord McKenzie, British Health and Security Minister, was “pleased that the Court has accepted the United Kingdom's view that its of 'so far as is reasonably practicable' is in accord with the requirements of the framework directive”, and he described the judgment as a “victory for common sense”. (cd)