Rank: Guest 
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Posted By Derek Moore
A bit of advice is required here as there is a discrpency in my opinion between UK H&S
Regulations and EEC Directive.
EEC/94/33/EC, states the type of work a young persons is prohibited from performing.
The areas of concern for me personally includes, working with the production, storage or
application of compressed gases, in other words using compressors and pressure cylinders and
exposure to extreme cold.
Thus I would deduce from the EEC directive it would seem that no one under the age of 18 years
is able take part in any work that involves the above.
But the Young People at Work HSG165 do not prohibit such work, but only list the precautions
to take.
The question is this. If an accident occurs and the defendent (injured young person) makes a cliam against the company. Can the lawyers use the information in the EEC directive as a defence that the person should not have been exposed to the particular risk in the first place. Or does the UK H&S Legislation and Regulation take priority over the EEC directive in using risk assesments.
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Rank: Guest
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Posted By Adrian Watson
Yes,
Lawyers can use the EEC directive for a breach of directives but only if certain criteria are met. These criteria are given in Francovich v Italy [1993] 2 CMLR 66, [1995] ICR 722, ECJ. Basicly the breach complained of must be a breach by a public authority of a duty conferred by European Union law. Liability will attach only where the law infringed was intended to confer rights on individuals; the breach was sufficiently serious, there being a manifest and grave disregard by the public authority of the limits on its discretion; and there was a direct causal link between the breach and the damage sustained.
Regards Adrian Watson
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