30
|
P a g e
The UK bound by EU legislative procedures on joining (then EEC) in 1972
Veto by member states on proposed legislation changed to qualified majority
voting on adoption of Single European Act (SEA) 1986
Significant progress made since SEA on new health and safety legislation
Regulations: similar to statute law and binding on member states without further
action (e.g. tachograph requirements)
Directives: prescribe a result to be achieved by a set date leaving member states
to transpose into national law (e.g. The Six Pack)
It is possible for the European Commission to introduce quite wide-ranging
proposals under the health and safety provisions of the Single European Act
(
SEA, Article 118A).
The European Courts
European Court of Human Rights - interprets European Convention for
Protection of Human Rights and Freedoms
European Court of Justice - gives rulings on interpretation of EU law at request of
a member state or an individual.
Health & Safety at Work etc Act 1974 and Other Health & Safety Regulations
Within this section we will be discussing the Health and Safety at Work etc. Act 1974,
health and safety regulations, approved codes of practice, official guidance and their
relationships and relative status.
A short background of the UK's Safety Legislation
The first Factories Act was passed in 1802 and since then there has been a huge number
of pieces of legislation passed in the Health and Safety field.
The Factories Acts, of which there have been many, have dealt with welfare; control of
working hours, limitations to the employment of minors and women, provision of rest
rooms etc, as well as safety in the work place.
The situation in the 1960's was that health and safety at work was controlled by 9 main
sets of legislation administered by 5 government departments with seven independent
inspectorates. At this time the Robens Committee was set up to consider how the
