The European Commission (EC) is to take legal action over Britain's Health and Safety at Work Act etc 1974 (HSWA), describing it as not being strict enough.
The EC concern is over HSWA legislation which states that employers who are responsible for the welfare of their staff whilst in the workplace should provide health and safety "so far as is reasonably practicable."
It is argued, that If the "reasonably practicable" phrase were removed from HSWA, small businesses and other public sector industries such as the police force, would be adversely affected by such changes.
The Federation of Small Businesses' (FSB) concerns were, that thousands of businesses would be at risk if employers were expected to provide blanket protection no matter the cost or risk.
Public sector industries, such as the police force and others who cannot guarantee the health and safety of their employees, could if the legislation was altered, be forced into preventing such employees from doing anything which was deemed potentially dangerous.
Mary Broughton FSB Health and Safety spokeswoman said:
"The central phrase in the 1974 Act 'so far as is reasonably practicable' is important to small businesses. It gives flexibility to small firms to allow them to take proportionate steps to protect their workforce and, by extension, their business.
"Good employers know that their workforce is their most vital resource and take all appropriate steps to safeguard their staff.
"The current situation must be maintained to prevent potentially devastating costs being placed on businesses to take precautions that common sense would suggest are unnecessary.
"Any change would spell closure for some firms meaning that instead of protecting people's jobs it would put them at great risk."
Jan Berry, Police Federation Chairman said:
"The current balance worked well for both employer and officers and did not need changing.
"Different circumstances require different levels of protection and it is important that the safety of all officers and members of the public is taken into consideration. But there is no evidence that the current wording of the Health and Safety Act under debate has an adverse effect on the safety of officers."
Commenting on the issue, The Department of Work and Pensions (DWP), was content with the British test and said:
"The fact is that our system has served us very well and as a result we've got one of the best health and safety records in Europe.
"We're taking a very strong stance on this and are fighting hard."
EU expert, Lee Rotherham, added:
"What this adds up to is managers having to keep their employees wrapped in cotton wool.
"Anything which could hamper the ability of frontline emergency services doing their job must be a concern to everybody."
However, Government Ministers and business leaders intend to fight the legal action, insisting that HSWA is the cornerstone of how the British workplace operates and stress that Britain has the best health and safety records within Europe.
Article by Alexandra Johnston
