1 / 5

2 ND EUROPEAN BIOSAFETY SUMMIT DUBLIN IMPLEMENTATION AND ENFORCEMENT Richard Arthur Thompsons Solicitors 1 June 2011

2 ND EUROPEAN BIOSAFETY SUMMIT DUBLIN IMPLEMENTATION AND ENFORCEMENT Richard Arthur Thompsons Solicitors 1 June 2011. Laws, regulations and administrative provisions, or necessary measures by the social partners, by 11 May 2013 (Art.3);

latif
Download Presentation

2 ND EUROPEAN BIOSAFETY SUMMIT DUBLIN IMPLEMENTATION AND ENFORCEMENT Richard Arthur Thompsons Solicitors 1 June 2011

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. 2ND EUROPEAN BIOSAFETY SUMMIT DUBLIN IMPLEMENTATION AND ENFORCEMENT Richard Arthur Thompsons Solicitors 1 June 2011

  2. Laws, regulations and administrative provisions, or necessary measures by the social partners, by 11 May 2013 (Art.3); Member states may entrust implementation to the social partners, at their joint request, as long as results imposed by Directive at all times guaranteed; Member States to communicate implementation measures to Commission; and Penalties to be “effective, proportionate and dissuasive”. IMPLEMENTATION

  3. Vertical direct effect-emanations of the State-”sufficiently clear and precise”, “unconditional” and “confers specific right”; Interpretation of national law consistently with the Directive; Contract of employment-duty to secure safe working environment; and Commission-infraction proceedings. ENFORCEMENT

  4. Difficulties of causation and psychiatric damage (Sean Fryers v Royal Victoria Hospital, Belfast); “Never assume that there is no risk” (Clause 4.6); “Workers’ exposure must be eliminated” (Clause 6.1) “The penalties shall be effective, proportionate and dissuasive” (Art. 2); and Cost insufficient justification (Clement v Scottish Ambulance Service) ENFORCEMENT

  5. “Employers and workers’ representatives shall work together at the appropriate level to eliminate and prevent risks, protect workers’ health and safety, and create a safe working environment, including consultation on the choice and use of safe equipment, identifying how best to carry out training, information and awareness-raising processes” (Clause 4.7) WORKERS’ REPRESENTATIVES

More Related