The European Commission has taken the UK government to court over health and safety regulations it believes do not comply with EU law.
The Federation of Small Businesses (FSB) has warned that thousands of UK businesses face uncertainty and compliance with new regulatory burdens as the health and safety case and another concerning the Working Time Directive move before judges in the European Court.
In the first action, the Commission has challenged that the wording “so far as is reasonably practicable” in the UK’s Health and Safety Act 1974 does not go far enough to implement the EU’s 1989 Health and Safety Directive.
The FSB warns that any change to the wording could have a “huge impact” on businesses being forced to comply with provisions such as “having to put locks or even bars on their windows to ensure staff do not fall out. This despite the fact that there may be minimal risk of this ever happening.”
“This new tactic, legislation through the European Court, is one that causes us great concern. We are very worried that, just as our members have become used to complying with a new law, it can be altered still further,” said John Walker, national policy chairman for the FSB.
“The regulatory burden is already high on small firms and this could greatly increase that burden. Our members take the health and safety of their workforce, the greatest asset in any business, very seriously but common sense and appropriateness are vital and are contained in the current UK law.”
The FSB has called on the UK Government and MEPs to better scrutinise draft laws in the future to prevent further flawed legislation, which it says leads to great uncertainty for business owners.
The Commission’s second case against the UK government was prompted by British trade union and concerns breaks for workers.