Skip to main content

Health and Safety Executive

Volume 450: debated on Friday 20 October 2006

To ask the Secretary of State for Work and Pensions what European infraction proceedings have been initiated against the Health and Safety Executive in relation to alleged non-compliance with directives. (93149)

There are current infraction proceedings against the UK Government, for late or defective implementation of European legislation, in relation to the following occupational safety and health directives:

Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work, "The Framework Directive,"—defective implementation of Articles 5(1) and 5(4).

Directive 98/8/EC concerning the placing of biocidal products on the market—defective implementation of Articles 7(6), 7(8), 8(5), 8(9), 11, 12(1)(c), 16 and 22.

Directive 2002/44/EC on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration)—late transposition (by Gibraltar).

Directive 2003/10 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise)—late transposition (by Gibraltar).

Directive 2003/18/EC on the protection of workers from the risks related to exposure to asbestos at work—late transposition.

Directive 2003/105/EC on the control of major-accident hazards involving dangerous substances—defective implementation of Article 11.

Of these only the infraction proceedings on Directive 89/391/EEC have been referred to the European Court of Justice. The oral hearing took place on 13 September 2006 and judgement of the Court is expected in Spring 2007. The UK has robustly defended the case.

It is unlikely that any of the other cases will be referred to the European Court of Justice.