Top EU court dismisses safety claim against UK

BRUSSELS, June 14 (Reuters) The European Union's top court dismissed charges today that Britain broke EU laws by limiting how far companies need to go in ensuring the health and safety of their employees.

The European Commission had argued in the European Court of Justice that a British regulation saying employers must ensure the health and safety of workers only ''so far as is reasonably practicable'' did not fully comply with EU rules.

''The court dismisses the Commission's action against the 'reasonably practicable' qualification contained in the United Kingdom legislation on health and safety of workers,'' the Luxembourg-based court said in a statement.

The Commission had said Britain was allowing an employer to escape responsibility if it could prove that measures to ensure safety of workers were grossly disproportionate in terms of money, time or trouble when balanced against the relevant risk.

''The court concludes that the Commission has not established in what way the disputed clause infringes the provisions of the (EU) directive,'' the court said.

The Commission said it was studying the ruling. Britain's Health and Safety Commission said the country had the best occupational safety record in Europe.

''We continue to believe that the right way forward is a proportionate and risk-based approach protecting employees and others effectively, whilst allowing common sense to be applied when deciding on what protective measures to adopt,'' Bill Callaghan, chair of the British body, said in a statement.

Britain's CBI employers lobby said the ruling ended a long period of legal uncertainty.

''The UK's reputation and performance and safety is at the top of the European league and the court has accepted that Britain's legislation provides an appropriate balance of certainty for employers and protection for employees,'' said Janet Astherson, CBI head of health and safety policy.

Britain's Trades Union Congress (TUC) said the key issue was that the Health and Safety Commission continued to prosecute employers that threaten the safety of staff.

''This has always been more important than any worries about the nuances of the wording of our safety law,'' TUC General Secretary Brendan Barber said in a statement.

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