The Press:
A tightrope walker from the Moscow State Circus is being forced by Brussels legislation to perform in the UK wearing a hard hat.
(The Times, The Daily Mail, 23 July, 2003)
The Facts:
The ‘Working at Height’ Directive was adopted by the Council on Ministers, representing EU Member States, in 2001, and has to be put into national law by 19 July, 2004.
The UK has not yet drafted its implementing legislation. However, it is clear that the Directive applies to working at height in an industrial or construction context and not to circus performers. If it is being interpreted to cover circus acts, it is up to the insurance companies involved to give an explanation.
Notes:
Not only the ‘Working at Height’ Directive but also the Temporary Work at Height Directive. And it is not clear that this directive does not include circus performers because it does not exclude them. One would assume that the circus performer is working at the time and the title is Working at Height’ Directive .
I have noticed after doing a few of these so called myths, that the claim is often made - as it is here - that this was adopted by the by the council etc. The clear intention of this wording is obviously to suggest this really has nothing to do with us gov, well it does the EU Commission has sole authority in producing legislation, all the council can do is consider the regulation after it has been introduce by the Commission. If the commission did not want the legislation they would not have introduced it.
In the UK this Directive has been implemented as:-
The Work at Height Regulations 2005 – Statutory Instrument SI/2005/ 735 and applies across all sectors, not just construction.
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