HEALTH & SAFETY

 The Health and Safety Executive (HSE) has been criticised by a number of  MPs who believe its approach to the EU Working at Height Directive is overly robust.  The directive outlines safety rules governing the use of ladders and ropes in the work place.  However the HSE's proposed application of the regulations to outdoor adventurous activities has been questioned by MPs in a Parliamentary Early Day Motion - a mechanism allowing MPs to express their opinion on a subject not scheduled for debate.  "This House is surprised and concerned at the attitude of the Health and  Safety Executive (HSE) in respect of EU Directive 2001/45/EC" the EDM states.  The MPs argue that the directive was never intended to cover activities  such as rock-climbing caving and mountaineering and go on to "deplore" the HSE's failure to rule such activities as being outside the scope of the proposed regulations.  The EDM concludes by calling on the "HSE to abandon such gold-plating of sensible suggestions which reduces them to absurdity".  (9 Mar 2004 DeHavilland Information Services plc.)  

I reported the launch of a new organisation, Asbestos Watchdog. It has been set up after articles in this column exposed the nationwide racket by which contractors exploit the confusion over the Health and Safety Executive's implementation of an EC asbestos directive and rob property owners of hundreds of millions of pounds. In the six weeks since the launch of AW - backed by a businessman who nearly fell victim to HSE-licensed cowboys - more than 350 businesses and homeowners have already received expert help through its website, www.asbestoswatchdog.co.uk, saving them hundreds of thousands of pounds. This is on top of £3 million already saved to Telegraph readers following earlier articles. (Sunday Telegraph, C Booker, 28/12/2003 )

Britain's tradition of rocking horse manufacture, which has its  roots in knights practising their jousts, could be crippled by new European  safety regulations (CENLEC).  According to the new standards, "activity toys" cannot  have a height from saddle to floor of more than 60cm, less than two feet.  That effectively rules out all but the smallest rocking horses, say  craftsmen in the cottage industry's 60 or so firms who comprise the £35m per annum industry. (EU Weekly News – C Mobray 30/11/03 )

Trade unions will have greater authority to call on employers to sort out health and safety issues after winning a long battle with the government over workers' safety.    Some experts believe the changes, which come into force today, will allow unions to seek court injunctions to halt work until risk assessments are carried out. Failure to comply with such court injunctions could mean unlimited fines and prison, they believe. Janet  Asherson, head of health and safety at the CBI, described the change in the law as an "interference from from Europe " that "could play into the hands of the compensation culture".  The victory follows 11 years of campaigning by the Fire Brigades Union since it first complained that UK law did not match European Union legislation.  Andy Gilchrist, FBU general secretary, said the new power "opens up employers to a range of civil and criminal action that we have not seen in this country before. If they ignore what has happened they are in for a very rude awakening".   Frank Maguire of Thompsons, the law firm that represented the FBU, said: "Unions will no longer have to rely on the Health & Safety Executive to enforce health and safety laws."  The change in UK law follows the belated acknowledgement by the government that it had not properly transposed the EU health and safety framework directive into UK law. The HSE said it would seek legal advice on the full implications of the change in law. (Financial Times October 27 2003 )

Around 30,000 substances are to be tested under the EU chemicals directive that refers to any chemical that could pose a threat to human health or the environment. This will lead to an explosion in the number of animals used for safety testing. Substances that have to be tested include salt, vinegar and lemon juice. Animal health products that have to be tested will include copper sulphate used for foot treatment and udder cream and all its constituents. (BBC farming Today 28/7/03 )

Eighty-five per cent of asbestos in Britain is white asbestos cement, commonly used for roof tiles and other products, which has never been shown to cause a single case of mesothelioma or any lung disease. In recent years, however, a powerful lobby has grown up, abetted by the Health and Safety Executive and the European Commission, to confuse white asbestos with the dangers linked to amphiboles - the blue and brown forms of asbestos. Science has gone out of the window so far in promoting this scare that even the British Government recently admitted in a briefing note to MEPs on forthcoming EU legislation that "there is strong evidence that both EC directives and HSE regulations on this issue are based on flawed research". Among the beneficiaries of this confusion are two multinational firms which dominate the market in asbestos substitutes; and the 700-odd firms of contractors licensed by the HSE to specialise in asbestos removal, mostly members of the Asbestos Removal Contractors Association (Arca). Stories have poured in from all over the country of how householders, businesses and local authorities are now being asked to pay way over the odds for asbestos-related building works, often based on confusing white asbestos with amphiboles. No one has done more to flag up this scandal than John Bridle, an experienced South Wales surveyor and qualified chemist, who has had top-level meetings with the HSE to warn them of the Frankenstein's monster they are unleashing. Among dozens of examples he has come across as a consultant, he cites the public library which, when two white asbestos ceiling panels were damaged, was quoted £100,000 by an Arca firm for removing the entire roof. The panels were legally replaced for less than £100. Homeowners are already being told by surveyors and estate agents that they must spend thousands of pounds on removing asbestos panels or roofing before they can sell their houses, although in most cases this is either wholly unnecessary or could be safely carried out at a fraction of the cost. A senior HSE official recently queried a TUC estimate that the final cost to Britain of disposing of "the asbestos problem" could be a astonishing £80 billion. But it then became clear he had no idea how far some people are already going to cash in on a hysteria the HSE itself has done more than anyone to create. Any reader wishing to consult Mr Bridle on the type of problem highlighted here can do so via jbridle@ whiteasbestos.fsnet.co.uk. (Christopher Booker's Notebook Sunday Telegraph 19/05/2002)

 European Commission to allow for new types of workplace risks. The strategy will cover the period 2002-2006 and will include such matters as bullying and violence at work and stress-related conditions. The strategy also seeks to consolidate a culture of risk prevention at work. Employment Commissioner Anna Diamantopoulou said the EU's health and safety policy had to move with the times. 'EU accident and death rates are still unacceptable,' she said. 'In addition, new types of work have created new types of workplace risk, such as stress-related conditions caused by the ever-faster pace of work. These new conditions must be addressed now and as far as possible anticipated and prevented at the workplace.' (EUbusiness 23 March 2002)

THOUSANDS of farmers and other workers are to be banned from driving tractors, lorries and dumper trucks for much of the working day under an EU directive on vibrating machinery. The restrictive limits of the EU Physical Agents (Vibration) Directive were agreed in Brussels yesterday and will be published this summer. The directive was immediately condemned by the National Farmers' Union as a "masterpiece in madness". The NFU led opposition to the directive because it meant farmers would have been forbidden from driving a tractor for more than three to four hours a day. That limit was roughly doubled yesterday and farmers were given a five-year extension to convert existing tractors and machinery to comply with the directive. Any restriction on the time farmers can spend at the wheel of their tractors will have big cost implications, particularly at harvest time. However, the impact of the law will be even heavier on other industries. The Health and Safety Executive said yesterday that it would cost £3 billion to £4.8 billion to implement. Ben Gill, the NFU president, said: "This directive has been driven through without any scientific justification. This is the European nanny state gone mad." Using an arcane formula to measure the "whole body vibration", the time limit for using a chainsaw would be one and a half hours. Lorry drivers would be restricted to working for only six hours and dumper truck drivers to two hours. The time limits for using a road drill would be 47 minutes. Road haulage companies say the directive could triple operating costs. The Tories say that the limits, which are designed to prevent lower back pain, will ruin the building industry and hamper farming. They are urging the Government to block the legislation. The directive now has to be rubber-stamped by the European Parliament and the EU's Council of Ministers. The Government will have three years to implement the regulations. (Daily Telegraph 14/03/2002)

An EU directive draft to reduce the decibel limit of noise in the workplace can make classical music unplayable, including EU’s anthem, the Association of British Orchestras (ABO) warns while striving for music to be exempted from a European directive which is waiting for a second reading in the European Parliament. Silent performances The proposed amendment to the directive, if it were made a law, would be a serious threat for orchestras, EUobserver.com was told by Libby MacNamara, director of the ABO. The European Parliament's proposal wants to reduce the decibel limit of noise in the workplace to 83, the point at which workers have to wear hearing protection. However, a single trumpet is said to play up to 130 decibels and the ABO fears that the directive would effectively make silent performances. This new proposed amendment would make the restrictions even greater, and in fact make it impossible for most of the orchestral repertoire to be played. (Euobserver.com 16.02.2002)

The European Parliament approved Tuesday legislation to crack down on air pollution from lawnmowers and hedge trimmers in the European Union. The proposal, which now goes to EU environment ministers for approval, aims to bring EU emission standards for "non-road mobile machinery" in line with those in effect in the United States. Bernd Lange, a German socialist who has been the EU parliament's rapporteur on the topic, said pollution from "leisure machinery" was contributing to global warming. (AFP Oct 2, 2001)

Retailers will be forced to apply for a waste management licence when a directive is introduced next spring categorising fridges and freezers as "hazardous waste". (Dixon's PLC Annual Report August 2001)

A dim view of Europe. A European Union regulation now forbids the re-glazing of old spectacle frames unless the said frames are stamped with the `CE' logo. This can mean having to pay almost double the original cost of the lenses in order to get new frames as well. (Letter to Yorkshire Evening Press 08/07/2001 by Mike Walsh)

When Chris Baker, an electronics engineer was asked by the RSPB to install a TV camera to watch a pair of golden eagles he was watched by various officials, one asked if he had a Certificate of Competence in tree-climbing. When he said no, a fully-certificated tree-climber had to be brought from far away. In order to qualify for such a certificate an "EU standard tree" has to be used. (Sunday Telegraph 10/6/01)

The latest victims of the mania for Euro-standardisation, it seems, include anyone, such as a window cleaner, who needs a ladder to work. A new European standard EN131, plans to increase the minimum permissible gap between the rungs of a ladder to "300mm", nearly 13 inches. A master thatcher from Warwickshire, Jem Raison, says ' you can work comfortably on a conventional ladder, with rungs 10 inches apart, by resting your knees on the rung two above the one you are standing on. The distance between a man's feet and knees averages 20 inches (hence the traditional design of ladders). But a 26-inch gap makes this impossible. (Sunday Telegraph 17/6/01). A safety consultant observes that there has been a huge increase in ladder accidents since the wearing of 'trainers' became the custom. There is no instep to grip the rungs. The awkward spacing of rungs under EU regulations will only exacerbate this situation (M Croombe 19/6/01)

Conservative MEPs slammed as "a step too far" Labour MEPs for voting for an EU proposal that takes intrusion to "new heights". The report would, if passed into national law as an EU Directive, govern the way ladders are held and the number of people allowed to climb them.The Skinner Report - European Parliament Reference: PE 286.188 The draft directive includes such provisions as: · Ladders shall be so positioned as to ensure their stability during use (Annex 4.2.1). · Portable ladders will only be erected on footings of suitable strength and measures employed to ensure that they are stable, immobile and on a horizontal footing (Annex 4.2.1, Amendment 13). · The holding of the ladder by another person as a safety measure shall not be allowed (Annex 4.2.2, Amendment 14). (Press release by Mr Philip Bushill-Matthews MEP 21 September 2000)

Moves by the European Union to ban the words "mild" and "light" from tobacco packages has raised concern in Japan about the impact on export of Japan Tobacco's most successful brands, Mild Seven and Mild Seven Light. The Japanese government, which owns 66.7 per cent of Japan Tobacco, has refrained from making public statements about the EU move. However, Japanese officials have privately indicated displeasure with the proposed EU move by noting that the ban is likely to violate World Trade Organisation rules. Under the international trade rules of the WTO, no prohibitions other than duties, taxes or charges, are supposed to be applied to imports. JT argues that "mild" and "light" refer to the flavour of the cigarettes, rather than nicotine or tar content. Furthermore, it believes that it would be difficult for the EU to ban the use of the two words outright since a ban would be a violation of their trademark. (FT September 4 2000)

The European Railway signalling standard ( administered by CENELEC) is seriously considering the use of C++ in safety critical SIL4-type applications. This is regarded as a serious mistake since the language is not defined precisely enough. (http://www.cs.york.ac.uk/hise/sclist/cplussafety.html) NB European Standards from CEN/CENELEC (known as European Norms (ENs)) are mandatory on all participating countries. (http://oxmedinfo.jr2.ox.ac.uk/WWWdocs/STEP/V1C1.HTM#V1C1EUR)

Late last year I went to a local country fair, and I wanted to buy some candy-floss. The vendor made it for me, and started to put it in a plastic bag. I said no, I wanted to eat it now and I wanted it on a stick. He said that he wasn't allowed to do that any more because of EU regulations, a stick could injure somebody's throat. So I bought it in a bag and ate it with some difficulty from the bag. When I had finished, just to experiment, I pulled the plastic bag over my adult head, and it went over easily. So small children can now suffocate themselves on a candy-floss plastic bag! The final part of this story is that I have just had a short holiday in Paris, and all the street vendors selling candy-floss are selling it on sticks! (personal communication Mr T Foy April 12, 2000)

LEADING companies from around the world with operations in the EU are campaigning against the launch next year of an "unnecessary" new Union standard for their equipment which could cost them a massive 50 billion euro. Their concern centres on a new, tougher 'norm' governing the manufacture of virtually all electrical and electronic equipment from personal computers, stereo systems and televisions to heavy industrial machinery. The standard, developed by the Brussels-based electrical standards body CENELEC, is designed to prevent disruption to mains power supplies caused by interference from such kit - known as 'harmonics' - which can cause fires and power surges on networks. Electronics firms fight plans for 'unnecessary' standards surges on networks. Although the CENELEC norm is based on a world-wide standard developed by experts at the International Electrotechnical Commission (IEC), only the EU has made it obligatory. (European Voice 12/4/00)

Our clothes drier keeps emitting a loud warning signal, or beep, that is very irritating, especially when running it at night on off-peak electricity. There is no way of stopping the sound- Ed. This is why it does it: All unattended machinery has to produce a warning signal when operating. The relevant Directive is 98/37/EC of the 22/6/1998 on the approximation of the law of the member states relating to machinery. This was published in the Official Journal L 207 23/07/1998 p 1-46 Section 1.7.0 (12/2/00 - Ask a librarian service: http://www.earl.org.uk/ ) No doubt in Europe they do not have off-peak electricity so do not mind domestic equipment emitting regular warning signals - Ed.

Call on Commission to list dangerous sites The Members of the European Parliament on Wednesday called on the European Commission to publish within three months a list with all dangerous sites on the EU territory. In a resolution concerning the explosion at the AZF plant in Toulouse in France, the MEPs expressed their hope that publishing a list with dangerous sites that risk causing large scale damage in the event of an explosion might encourage the member states to implement the SEVESO II directive. None of the EU member states implemented the SEVESO II directive within the deadline. (EUobserver.com 04.10.2001)

The future of the EU's system for assessing the safety of chemicals is being put at risk as some member states lose patience with the slow progress being made in testing substances and vow to go to it alone. Under the system, individual member states are given responsibility for testing particular chemicals. If the country concerned decides that the substance is safe, it should then be cleared for use across the EU as a whole. However, member states have yet to deliver a verdict on a single chemical six years after the risk assessment programme was launched. (European Voice 13/9/99)

Firefighters in the Bristol area are set to be banned from washing and repairing their own kit - on the orders of Euro officials. Traditionally, many firefighters have taken home their tunics, trousers, gloves and boots and spruced them up ready for the next day's duties. They have also carried out running repairs for free. Now the Authority is being recommended to contract out the repair and maintenance of kit at a cost of nearly £280,000 a year. EC rules will outlaw repairs and washing by "untrained people" and will force the authority to put a quality control system into place. The rules will also order the authority to replace tunics after five years - some are eight years old. [Bristol Evening Post, 15.12.99, p.22]

New European Union inspired fire regulations due to come into force are leaving employers confused and worried about risks and penalties. The regulations, amending the Fire Precautions (Workplace) Regulations 1997, mean every employer will have to carry out a fire risk assessment of their premises in consultation with employees. The regulations have their origin in a 1997 EU directive, supplementing 1992 health and safety rules. Originally fire precautions were left outside the scope of the health regulations but the 1997 directive was extended to cover them. The government felt the coverage provided by the traditional fire certificate for buildings went far enough to meet the wider EU directive but Brussels objected and has pressured the Blair administration into changing the rules. (Daily Telegraph 29/11/99)

According to EU regulations salesmen in the Billingsgate fish market have to wear a white coats. Failure to do so is a criminal offence. (BBC 1 TV Inside Story 20/1/99)

The Royal Society for the Protection of Accident's playground office telephone has become red hot with calls from small local councils as playground owners become increasingly worried about the implications of the new European Standards covering playground equipment and surfacing. Much of the equipment now installed on children's playgrounds will fail some of the requirements of the new standards. (Local Council Review January 1999). The response by councils to the new EU standards for playgrounds is to close them. Caerphilly Council has closed 95; Swansea is closing 25. They say that they are now open to litigation if there is an accident and they have not implemented the new regulations. New rules include an instruction that all slides have to face away from the sun, new safety surfaces are required and equipment must not exceed a maximum height. The result is that children are forced to spend more time on the streets. (BBC Today programme 27/1/00). In the village of Kingsland in Herefordshire the Coronation Hall playground was closed owing to the regulations. The new Millennium Green project is to open a toddler's playground but the regulations are onerous. It must be inspected once a day and the equipment checked every week. There are no moving items. The base is a pit with a membrane, gravel, another membrane and 8 inches of oak shavings. (Personal communication 1/2/00)

Members of the oldest profession have become the latest targets of the EC's lust for standardisation. A handbook, Hustling for Health, was launched to show the best practice in the sex industry. It includes advice on all aspects of prostitution, including tactics to help prostitutes to insist on use of condom and alerting others to dangerous customers. Even a Madam who has never had sexual contact with her clients may want advice on how to sterilise her whips. The Commission contributed £350,000 to the cost of the project. (The Times 15 June 1999)

The latest EU directive on condoms is 50 pages long. (Western Gazette Sept 2nd 1999)

Casio are makers of pocket TVs powered by four penlight batteries. For years these had a facility to plug into an external aerial because reception in, say, a building, or a caravan, was poor. New EC regulations have banned the external antenna connection because there is a slight risk of a tiny electrical shock from the socket. TVs supplied to the rest of the world have external aerial sockets. Only citizens of the EU have to suffer poor TV reception from these miniature TVs. (Casio spokesperson 29/6/99).

OTT Ltd of Lyneham Wiltshire makes specialist equipment for window cleaners. Its anchorage equipment for rigging complies with EN 795, the European standard for personal protective equipment. The company has been told it cannot export to Holland because the equipment does not meet Dutch requirements. Similarly, harness descenders are also unacceptable in the Dutch market, only Dutch manufacturered ones can be used. Any hand tools sold in Holland has first to be tested and authorised by the Dutch Labour Authority. (Personal Interview with MD of OTT Ltd 27 February 1999)

ESSO blue banned. And EU directive has banned the use of blue dye used to identify domestic paraffin. This is to make it less attractive to children, who might be tempted to drink it. (Daily Telegraph letter 8 March 1999) Will they ban red diesel next?-Ed

There is increasing anxiety in motorcycling organisations about the misuse of consumer protection legislation by the EU (moving from protection and quality issues, to compulsory use of certain garments) which would be inappropriate given the wide differences of climate in Europe. (Motorcycle Rider/ BMF Summer 1998)

A Suffolk engineering company must pay £80,000 a year to bury sand used for casting moulds in a landfill site as toxic waste, even though, under another directive the same sand is considered safe enough to be put into children’s sandpits. New guidelines implementing EC waste directives mean his sand no longer meets safety limits for arsenic. Tests show that it is only present in minute quantities, 7 parts per million. The EC toy directive allows 25 parts per million in sand used for children’s play. (Sunday Telegraph 26/7/98)

A non-slip portable access ramp is liable to VAT. If it is labelled for wheelchairs it is exempt from VAT. But if it is for wheelchairs it must be CE tested and this is very expensive. A CE approved product (identical to the non-CE version) must have a technical file, a hazard data sheet, a risk assessment statement and a multi-lingual guide to use. Anyone who wants such a ramp pays the VAT and buys the cheaper version. However, some agencies are obliged to buy CE tested products and have to pay the extra cost. (TPG Disabled Aids, Hereford 23/4/98)

Stairlifts come in mains or battery versions. The mains version must have, according to EC regulations, a 15amp individual power supply wired back to the mains board. This is to comply with European systems where the ring main is not recognised. The maximum power drain is no more than for an electric kettle. If the battery option is used it does not have to have the extra wiring. The permanent battery charger can be connected to the nearest socket outlet. All skilled and qualified installation staff now have to be trained in CE installation regulations resulting in loss of production and considerable training costs to companies. Each installer now has to have a stall current test instrument costing £180. (TPG Disabled Aids, Hereford 23/4/98)

Stairlifts are fitted with a 2-ton breaking strain chain to comply with CE specifications. The devices are fitted with an emergency breaking mechanism if the chain should fracture. It is not possible to export these to Germany because, although they are CE approved, they insist on a double chain. (TPG Disabled Aids, Hereford 23/4/98)

CE tests are easier to comply with in Britain than in France and Germany so European manufacturers prefer to import their products into the UK and get the CE marks awarded here. (TPG Disabled Aids, Hereford 23/4/98)

A mobile patient hoist capable of lifting a 25 stone person used to be an adapted garage engine hoist costing £140. Virtually the same device, CE tested, now costs £800. (TPG Disabled Aids, Hereford 23/4/98)

It is now illegal to sell a recreational boat, from a dinghy to an ocean going yacht, without a CE mark. Small boat builders have to compile a technical document, to self-certify safety, that can take up to a third of the time it takes to build the boat. It adds £700 to the cost of a small dinghy. Hundreds of small boatbuilders will be put out of business. (S Telegraph 14/6/98)

Sue Grant, Managing Director of Berthon International, in an article on how the Recreational Craft Directive is affecting the brokerage market quotes two examples: 1. A recent 65' sailing yacht, fabricated in New Zealand to the same design and standard as a sistership currently lying in Palma de Mallorca for sale through Berthon International. The latter was in Europe prior to the 16th June 1998, the former was due to be shipped to Europe this summer to be sold because of her owner's change of plan. Because of the need to retrospectively CE mark her, she is now going to the USA to be sold. Our listing has been withdrawn as we are a European brokerage house, Revenue lost to us US$150,000. 2. An American-built yacht delivered to the East Coast, sailing to Hong Kong and then Europe, but arriving in Europe on 30th June 1998, built to ABS, a capable yacht which was to be kept under our care in Palma for sale. She will now be calling in to Palma briefly prior to returning to the US to be sold further to our advice to her owner that we cannot sell her to a European unless she is retrospectively compliant. Direct revenue loss to Berthon International US$55,000. Yachts of this sort will continue to be lost to us completely and to European buyers who wish to use them within Europe. In this respect we have a serious competitive disadvantage over our non European broking colleagues. We now recommend to those clients who wish to purchase for a cruise outside the EU to purchase outside and dispose there also. This effectively reduces the size of our business as we are a European based brokerage house. The irony is that non-EU yachtsmen can quite happily cruise the waters of Europe without complying with RCD. It is only those who work within our industry in EU, or who are EU nationals that are penalised. We estimate the revenue opportunity lost because of the RCD in a year for Berthon International is US$250,000. To prevent this trade barrier hindering our growth as a brokerage house we are being forced to look at reducing our commitments at home and investing outside Europe to sustain growth. (Boating Business July 1999)

The Recreational Craft Directive is in many ways idiotic. For example, it contains three easily evaded provisions, that one-off and custom designs must meet all the requirements for serial production, that amateurs are forbidden to sell their constructions for five years, and that effectively, it is illegal to import used boats. Because it is almost impossible to enforce the Commission is considering the compulsory registration of all private boats. (Practical Boat Owner September 2000)

Sixteen months after the full force of the EU Recreational Craft Directive was unleashed upon UK boatbuilders, they are no nearer to the fulfilment of promises made by Brussels regarding ability to self-certify their vessels in category C. Until stability and buoyancy standards are harmonised throughout the EU, boatbuilders are compelled to squander precious resources on bureaucracy they will ultimately not need when Brussels convinces the EU to "sing from the same songsheet". In a letter to a Boating Business correspondent dated the 25th August Dr. Caroline Jackson MEP for Cornwall (sic) wrote "As you well know, the situation continues to be deeply unsatisfactory. I have now spoken to the British expert on the European Standards Committee on the RCD. In effect the undertakings which British officials gave a few years ago that the Directive could not come into operation until all the standards were agreed has been circumnavigated by the Standing Committee". (Boating Business 15/12/99)

The rubber duck is heading for extinction. Commissioner Emma Bonino is under strong pressure from environmental groups to ban the bath duck and all other toys made from PVC. These have been is use for over 40 years without any harm. PVC is used to store blood and to make intravenous tubing. One small research survey found trace amounts of toxic phthalate in PVC products. (The Times 4/5/98). The Commission decided to delay an emergency directive pending further research. (European 15/6/98). The Austrian government has imposed a unilateral ban on soft PVC toys. (European 24/8/98. ) Days before Christmas, shops across the European Union are told stop selling some of their best-selling products because of safety fears. We emergency ban is on is on toys such as dummies and teething rings for the under-threes. The European Commission, which imposed the ban, the first of its kind under the 1992 EU directive on product safety, says science shows phthalates can damage babies' health. "It is absolute madness the way this directive is being applied," said Maurits Brugink, secretary-general of the Toy Industries of Europe, representing the $13.6bn toy industry. "The directive says there must be a serious and immediate risk. But there is no serious or immediate risk." The independent scientists advising the Commission raised "clear concern" and "some concern" respectively. But the committee recommended further studies, not a ban. Chairman, Professor James Bridges of the University of Surrey, has said he was surprised at the Commission was using its opinion to justify an emergency measure. In an unpublished letter to senior officials, he and committee colleagues are understood to have accused the Commission of "gross misuse" of its findings. (FT. 16/12/99)

The European Commission's nuclear safety programme for central and Eastern Europe is preventing the closure of some of the region's most dangerous reactors. Environmental experts say that in several instances Commission funds, along with other finance from the international community to improve nuclear safety, are being used to upgrade rather than decommission installations which have been identified as potentially unsafe. East European countries will soon be able to produce nuclear power at a lower cost than in EU member states (European Voice 19/3/98)

The Red Arrows, the RAF acrobatic team, will have to comply with EU safety rules and perform their displays away from the watching crowds. In may instances this means out of sight most of the time. (BBC R4 News 5/4/98)

In 1977 The EC issued Directive 77/756 calling for a harmonised system of safety signs. It was agreed to work with the International Standards Organisation. After 15 years of intensive research a system was devised which would suit the whole world. In 1996 the EU issued the Health & Safety (Safety Signs & Signals) Regulations. These bore no relation to the ISO system, had no comprehensibility credentials and were simply based on the German system. They include the potentially tragic running man symbol for emergency exits. The first rule in an emergency is: walk, don't run! (Private Communication from Trago Mills 3/2/98)

Directive 89/686/EEC, amended in 1993 (93/95/EEC and 93/68/EEC), requires that personal protective equipment is certified as meeting the harmonised standards by the application of a CE mark, with the last two digits of the year in which the mark was affixed. Representations have been made by manufacturers and others protesting that the inclusion of the date imposes costs with no discernible benefit. Consequently the relevant working groups are discussing plans to remove the requirement to include the date. (CEC)

Window cleaners are forbidden to use a ladder over 18 ft without a mate to help and absolutely forbidden to use one over 27 ft. (Over the Top Ltd Dec 1997)

A garden centre was forbidden from selling pepper to keep cats away because it had not been subjected to EU safety tests. (S Telegraph 16/11/97)

While the EU laws prohibit traditional remedies they allow highly dangerous chemicals to be used such as dichlorophen which damaged gardener's eyes. This has just been withdrawn from sale. (S Telegraph 16/11/97)

The Medicines Control Agency plans to classify vitamin and food supplements as "medicines". This would require manufacturers to pay crippling costs, in some cases millions of pounds, to have products tested and licensed; thousands of vitamin and herbal preparations could be forced off the market. The MCA has proposed this through an interpretation of the 1965 EC directive, 65/65. This classifies as a medicinal product any thing that "modifies physiological functions in human beings" (This could include coffee, tobacco, whisky, even water). (Sunday Telegraph 11 April 1999).

MLX 249 proposes amendments to the Medicines for Human Use (Marketing Authorisations etc) Regulations 1994. These amendments would empower the MCA to decree that a product containing a borderline substance (i.e. a substance currently classified as either a food or a cosmetic) is a medicine. The substance would need to be removed from the market until the granting of a Marketing Authorisation (medicinal product licence) for the product. The proposal provides that a determination by the MCA that a product is medicinal would be sufficient evidence in law that the product is a relevant medicinal product. The MCA would make the decision and be the final arbiter – there would be no recourse to the courts by way of appeal against the determination. The MCA thus becomes judge, jury, policeman and executioner in its own case. Many products containing such borderline substances and currently classified as food supplements cannot be licensed as medicines under UK law. It would become illegal to sell such products, This might include Multivitamins and many herbal products. Licensing of other food supplements, as medicines would be prohibitively expensive - between £80,000 and £2,000,000 per product. Product licences start at £5,000 per product but most products which do not currently have a licence are likely to be classed as 'new chemical entities' – the licence for which is £87,000. One manufacturer has already spent over £1million pounds trying unsuccessfully to get three well known products licensed. They already have EU licences! Last year alone, 20,000 deaths occurred as a direct result of people taking medicines that had been licensed by the MCA (source: University of Liverpool study). The equivalent figure for food supplements is zero. (http://www.pcuk.freeserve.co.uk/freedom/). The government dropped proposals for the Medicines Control Agency to be both judge and jury in deciding whether herbal remedies, food supplements, cosmetics or other borderline products are in fact medicines. Instead, companies will have a right of appeal to an independent panel where the MCA judges a product has crossed the border. The burden of proof that a product is a medicine will now remain with the MCA, negating previous proposals that manufacturers would have to prove it was not. (Financial Times 16 July 1999)

Massage oil, toothpaste containing fluoride, aromatherapy and skin-care products and even scented candles may need Department Of Health safety licences under sweeping laws being introduced by the government following European Union pressure. The European commission has said that the government must tighten laws on labelling health foods and alternative remedies. Words used on labels such as "restores, repairs, clears or removes" could be interpreted as making a medicinal claim, thus requiring an MCA licence for the manufacturers. A spokesman for the Body Shop said it is rather odd that the government should choose to clampdown on many herbal remedies which have been around the years without causing harm, while at the same time choosing to regulate genetically modified food is only lightly. (Sunday Telegraph 13 June 1999)

Landladies with lodgers will have to have a fire certificate. Works for this will cost on average UKP900. Similarly, anyone working from home who may have a visitor will have to have the same fire certificate. The CEC deny that home workers have to have fire doors. The extension of the rules to all premises however small where the public could have access is a Home Office interpretation. (Indy 29/7/92). The Place of Work Act was due for implementation in 1993 but was deferred owing to the cost estimated to be GBP1.7bn. Revised regulations have been produced which the British Retail Consortium alone reckons will cost retailers GBP230m. Mike Fisher has threatened to resign from the government's deregulation task force because he believes the new regulations will cost business hundreds of millions of pounds. He says ministers are too willing to accept new regulations from Brussels (FT 6/12/96).

The British National Radiological Protection Board will have to relax the tight limits proposed for the exposure of the public to radiation according to the Pan-European Directive.(Indy 28/12/92). The European Court of Justice has ruled against the concept that all EEC countries should have the same standard.(ECJ)

EU Directive Euratom 96/29 will allow hundreds of thousands of tons of radioactive waste to be released into the environment without any need for reporting, or authorisation, so long as the radioactivity is below the threshold set out in the directive. The new thresholds are very lax; up to a million times more so than the present law permits. (Eurofacts 20/3/98)

Traditional corned beef tins to be outlawed because they have caused injuries (Meat Trades Journal 5/11/92)

The Directive on bathing water will ban bathing on beaches below the EU standard. This will include Brighton, Great Yarmouth and Blackpool beaches (Times 23/10/94). Blackpool beach has now been declared safe for bathing - 4/12/00

Rosin is a substance that has been in use for thousands of years without problems but is now classed as a hazardous substance. It is used in chewing gum, tyres, football boots, wax paper, Retsina, etc. The cost of complying with new EU directives runs into millions of pounds (D Telegraph 12/3/95).

Fire regulations for churches and village halls will be imposed as though they are full all the time.(Hereford Times 28/1/93)

To avoid a claim for damages, sea and mountain rescue services will be obliged to prove in law that everything possible was done to assure the safety of the consumer. This may apply to anyone giving first-aid. (FT 24/1/93). The CEC says this proposal in under review.

Oxfam is effectively banned from selling donated toys because it has to prove they were made before 1990. (Indy 29/8/92). Denied by the CEC saying this only applies to new toys. A Trading Standards Officer explains that any charity which has a trading arm must not distribute donated toys. There is no way that it can be shown that second-hand toys meet safety regulations. A loophole in the law allows a charity which does not trade to distribute donated toys. Social workers, however, can no longer distribute charitable toys to needy families because local authorities do have trading activities. (BBC R4 You & Yours 7/12/93). Oxfam is effectively banned from selling donated toys because it has to prove they were made before 1990. (Indy 29/8/92). Denied by the CEC saying this only applies to new toys. A Trading Standards Officer explains that any charity which has a trading arm must not distribute donated toys. There is no way that it can be shown that second-hand toys meet safety regulations. A loophole in the law allows a charity which does not trade to distribute donated toys. Social workers, however, can no longer distribute charitable toys to needy families because local authorities do have trading activities. (BBC R4 You & Yours 7/12/93). Mrs Crystal Evans of Llanfyllin in wanted to pass some of her grandchildren's toys to the Salvation Army as presents for deprived children. She was saddened to be told that the toys she wanted to give were not acceptable. The Salvation Army would only take new toys, marked with the CE safety mark. The deadly gifts Mrs Evans wanted to pass on where a giant 24-piece Postman Pat jigsaw puzzle and an outsize game of snakes and ladders. (Sunday Telegraph 9/1/00)

A shop assistant in a haberdashers shop decided to make four teddy bears for sale using scraps of material in the shop. Trading Standards Officers seized two of them for EU safety testing and demanded that a full account of the materials and manufacture be written up and kept for six years (Dr R North 31/5/96) A Daily Mail reader makes homemade toys and donates them to her local Torquay charity shop. The Trading Standards Officer said that although they were safe they didn't have the CE label on them so they can't be sold. This mark exists merely to show the goods are for sale in the EU, it is not a safety mark. It is perfectly legal for such toys to be donated but not sold. (Daily Mail 8 April 1999) (FFP 29)

Second-hand farm machinery must be sold with a certificate of safety and an instruction book in the language of the buyer.(Farming News 3/7/92)

EEC directive 80/1107 requires Fairy Liquid washing-up detergent to be classed as a hazardous substance. (S Telegraph 17/1/93). Also Tipp-Ex, spray glue, Jif cleaner, marker pens, Brillo Pads, de-icer , distilled water, household cleaners, household paints, aerosol paints and disinfectants all have to be recorded as workplace hazards together with the safety precautions to be taken when using them (FT 26/1/93).

BDH 10292 is a chemical with an EU Hazard Data Sheet. This states that after eye contact the eye should be thoroughly irrigated with water; after skin contact wash off thoroughly with soap and water; if swallowed wash out mouth thoroughly with water and in severe cases obtain medical attention. Handling precautions include wearing rubber gloves, eye goggles or face shield, plastic apron and boots if handling large quantities. If spilled mop up with plenty of water and if it has entered surface drains advise local authorities. This chemical is supplied by BDH Ltd, it is water.( Independent 29/3/97)

Wellington boots now come with a 24 page user's manual in accordance with the EU Directive for Personal Protective Equipment 89/696. The booklet is printed in 10 languages and gives advice on risk assessment, storage conditions, life expectancy, washing in a mild detergent, resistance to electricity, cold weather and oil, but not water. Users are advised to try each boot for fitting before use. Even the amount of energy absorbed by the heels is recorded. The manufacturers are required to test their boots twice a month at EU approved laboratories to ensure they comply with the standards. (Daily Telegraph 26/5/97)

Dangerous French and Spanish fireworks, which do not meet our safety standards, are allowed in (S Telegraph 8/11/93). The CEC denies this but the Chief Executive of the Institute of Trading Standards Administration says bangers which can blow off a child's hand can be imported. It is becoming impossible, he says, to refuse to accept goods from other European countries even when they do not meet UK safety regulations. If it is legal to sell these fireworks in one member state it is legal to sell them in any other (Indy 30/10/93). However preparatory work has recently started in order to ascertain the scope for a possible Community initiative relating to pyrotechnical articles (CEC)

European proposals for baby high chair safety are inferior to UK standards. These will leave children at much greater risk of falling out. When the European Standard is agreed the British Standard will have to be withdrawn (Which? December 1993).

Certain artist's white paint can only be sold legally in the fiction that it is not "paint" (because it contains lead).

It will be illegal to ski on snow less than 20cm deep.(FT 24/1/93). Denied by the CEC but the European Parliament adopted a resolution to this effect which has been ignored by the Commission

Hobby Craft Ltd was a company selling toy kits using pipe cleaners. It went into in receivership after Trading Standards Officers decided that pipe cleaners infringed the EC Toy Safety Directive. 16 jobs lost (S Tele 24/4/94). Soon afterwards the BBC children's programme demonstrated how to make toys with pipe cleaners.

Vintage steam railways and traction engines are under threat from the EU Hot Surfaces Directive on the protection from steam, hot surfaces and valves. All hot surfaces will have to be insulated and obtruding objects such as shovels and pipes have to be painted fluorescent yellow. Steam engines will be made impossible to drive.(Times 3/7/94). Volunteers may be exempt from the rules (CEC Sept 95).

EU safety regulations for ships will prohibit historic vessels from sailing because they will not meet the standards for the most hazardous of weather conditions. (Indy 6/10/94).

EU Safety Directive requires liquid gas cylinders to have a tactile label in Braille. This will cost British industry UKP40m (STele 13/3/94).

New regulations which come into effect in 1997 limit the emission of dioxins and furans to one 10 millionth of a gram per litre. Such levels are beyond measurement by conventional means ( S Telegraph 25/7/93).

Donkeys banned from beaches awarded the Blue Flag. (CEC).

EC Directive 84/315, the Cosmetic Directive, created the Cosmetic Products (Safety) Regulations which bans the sale and use of dental bleach. This interpretation has not been applied to any other EU country (S Tele 28/8/94)

Yachtsman banned from disposing of out-of-date flares by handing them in to the Coast Guard. They must now be returned to the manufacturer. (Yachting Life Feb. 1993)

The EEC regulation on working with display screen equipment (90/270/EEC) is 5 pages long, the UK version is 33 pages long. (FT 18/10/93).The UK version requires employers to give employees free eye tests and spectacles but in Germany they have not interpreted the Directive this way. Another example of UK officials making the rules more onerous. This Directive will cost UK industry UKP50m. (D Telegraph 22/3/95) The Radiological Protection Board report The Health Effects Related to the Use of Visual Display Units, the most authoritative study yet published, states there are no health risks to workers using this equipment (Indy 9/6/94).

Garden machinery and tools account for 37,000 accidents a year. European Standards on blade stopping are hopelessly inadequate (Which? December 1993).

The EC continues to allow the sale of potentially lethal foam furniture.(Which? December 1993).

The Control of Major Accidents Directive classifies whisky as a dangerous substance. It is possible to gain exemption from the regulations if each individual whisky warehouse makes a safety case costing GBP50,000. (D Telegraph 12/3/95)

If you have a table lamp with over 6ft of cable a contractor could refuse to repair it as it does not conform to EEC length regulations.

A directive came into force in July 1993 that bans the sale of wet snuff. A temporary derogation has been granted to Sweden where this is very popular, one in ten are regular users. (FT 25/11/93). The EU has withdrawn the temporary derogation, designed to remove a "major obstacle" to Sweden's accession to the EU in January 1996. The producers, Swedish Match Co. have taken their protest to the ECJ for a hearing in 2002. The market for the chew-tobacco is worth €300m a year. (European Voice 22/11/01)

Directive number 89/622 forbids restaurants from selling single cigars unless they have an individual wrapper with a health warning (S Telegraph 6/11/95).

A directive on noise will lead to the banning of certain children's toys. These include rattles, clicking frogs, tin whistles, football rattles, and toy xylophones (Sunday Indy 14/1/96)

The CE mark system compels manufacturers of a vast array of products to have their goods expensively tested to comply with Europe-wide safety standards. It is illegal for goods not to carry the CE mark. Thousands of British firms have been through the costly procedure only to find that their products are not acceptable in European countries such as Germany and France. (D Mail 12/2/96).

From January 1997 all powered hi-fi must carry a CE mark. Anything without is illegal, although speakers are exempt. Prices will rise because manufacturers have to cover the costs of testing which run into tens of thousands of pounds. It is an expensive piece of bureaucracy as it is neither a mark of safety nor quality. Different interpretations are applied in EU countries. The conclusion is that CE stands for Confusion Everywhere. (What Hi-Fi Jan 1997)

Dutch clogs have been in use for 600 years as working gear but CE tests do not cater for the particular properties of wooden foorwear. The Centre for Leather ond Shoe Research in Holland is trying to show that clogs can meet CE safety standards. Eurocrats want to outlaw clogs, destroying a business that sells 800,000 pairs a year. (New Scientist 15/2/97). Dutch scientists have saved their national symbol after a two-year fight. They designed a series of tests that enabled the clog to qualify for the CE mark. (D Telegraph 5/2/98)

Marquees have to comply with new safety measures. These products, which are primarily used in the summer, all have to withstand 9 inches of snow, resist 140 mph winds and have 3 metre wide doors (Leominster Marquees 12/2/96)

Following the world wide ban on beef exports it has been confirmed that the EU has the power to ban the export by Britain of any product whatsoever on health and safety grounds. Over half UK exports are outside the EU. (House of Lords 16/7/96)

The European Union was attacked by Ministry of Agriculture top civil servants yesterday for imposing the worldwide export ban on British beef three years ago. It was described as a foolish measure. It was a disproportionate one since Britain had already taken satisfactory measures to protect consumers. If the EU commission had been unhappy with the measures it had the power to impose tougher ones to protect consumers here. But the commission did not take that step, confirming that it was satisfied with safeguards. (Daily Telegraph 3/12/99)

The EU is to abandon a plan to ban the sale of cosmetics that have been tested on animals. The draft 1993 directive telling member states to remove animal tested products by 1998 is to be re-written allowing the import of such products. EU manufacture is still to be banned by 2000.(Independent 9/2/97). The UK Government has persuaded companies to agree to a voluntary ban on animal testing of cosmetics. - The European Parliament in Strasbourg will approve a new law on Wednesday to ban the sale of virtually all animal-tested cosmetic products in the European Union from 2009. Following ten years of delicate negotiations and strong lobbying from the cosmetics industry, animal testing, currently only forbidden in the UK, Belgium, Germany, Austria and the Netherlands, will be outlawed in all fifteen member states. Closing loophole The new legislation will also close a loophole which allows the sale of beauty and hygiene products that have been tested elsewhere in the world. Until now, many multinational companies have chosen to conduct experiments in France, Japan and the US to avoid test bans. The new legislation is intended to force them to find alternative methods of experimentation. (EUobserver.com 15.01.2003)

The 1993 Cosmetics Directive has banned the Body Shop from using BUAV white rabbit labels stating that the products have not been tested on animals. The firm has challenged the DTI to take the company to court. (Guardian 10/9/96 p9)

The new Cosmetics Products (Safety) Regulations implementing an EU directive will cause havoc to hundreds of small cosmetic companies. All labels must be reprinted replacing common terms such as witch-hazel and nettle extract with incomprehensible Latin names. Water must be called aqua and vitamin E is lecithin-retinyl acetate. (Sunday Telegraph 17/2/97) Those people with nut allergies will have to learn the Latin terms for nuts, such as arachnis for peanuts. Not to do so could be fatal. (Radio 5 Live 21/5/99)

The EU Gas Appliance directive will render illegal 2.3 million gas appliances in rented accommodation. They lack a new safety device. The cost of the directive is GBP111m. (Sunday Telegraph 17/2/97)