Posted By Nick Higginson See press article here: http://www.news.scotsman.com/latest.cfm?id=2101410 Anyone know anything else about this? Regards Nick

Posted By Sean Fraser Nick, This is the TUC take on it, which is based on the article you highlighted, from their latest copy of Risks e-zine: http://www.tuc.org.uk/h_and_s/tuc-7269-f0.cfm It relates to a previous issue: http://www.tuc.org.uk/h_...7177-f0.cfm#_Toc53195547 Article entitled - "HSE improves safety laws after union challenge" You're right - it is about the ability for employees and employers to challenge each other regarding failures to address safety issues effectively. The HSE press release is on: http://www.hse.gov.uk/press/2003/e03172.htm Interestingly, it doesn't say that Unions can do this - it only refers to employees and employers. The exact wording on the interpretation notes on the legilslation itslef is: "2. These Regulations make a small number of amendments rectifying minor defects in the 1999 Regulations. In addition, they replace regulation 22 of the 1999 Regulations (which provided that breach of a duty imposed by the Regulations could not confer a right of action in any civil proceedings), to the effect that employees may bring civil claims against their employers where they are in breach of duties imposed by the 1999 Regulations (but as respects claims by non-employees the exclusion of civil liability for breach of duties imposed by the 1999 Regulations remains). They also make amendments to the 1997 Regulations so as to achieve the same effect in relation to breaches of duties imposed by Part II of those Regulations and regulations 1 to 5, 7 to 12 and 13(2) and (3) of the 1999 Regulations in so far those regulations impose requirements concerning general fire precautions to be taken or observed by an employer (other than in "excepted workplaces", as defined by those Regulations)." In the actual Regs, it clearly states: " Restriction of civil liability for breach of statutory duty 22. Breach of a duty imposed on an employer by these Regulations shall not confer a right of action in any civil proceedings insofar as that duty applies for the protection of persons not in his employment." Now I might be reading this wrong, but aren't Unions simply representatives of employees, and therefore not directly in the employ of the employer? If a claim was being made, would it not be lodged by the employee (who may also be a TU steward or official but probably only a member) with the assistance of the TU? In any case, I feel that this is a damp squib in many ways and that the change will have little or no actual effect. Mind you, it does tie in nicely with an earlier thread on the protection of employment in bringing H&S issues forward. http://www.iosh.co.uk/in...rum=1&thread=5959&page=1