> ----------
> From: John Woodgate[SMTP:j...@jmwa.demon.co.uk]
> Reply To: John Woodgate
> Sent: 08 June 2001 18:32
> To: emc-p...@majordomo.ieee.org
> Subject: Re: FW: Product Safety: A Matter of Law or Litigation?
>
>
In a reply to Chris Maxwell Mr. Woodgate wrote...
> Now imagine you are a defendant in a court case. Prosecuting counsel
> says to you, 'So, Mr. Maxwell, you have explained to the court that your
> company is not responsible for the dreadful injury inflicted on Mr.
> Smith by your company's product, because the General Product Safety
> Directive does not apply to 'commercial equipment'. Do you not agree
> that what you are asking the jury to accept is that Mr. Smith should be
> protected from injury by the law in his home, but that he forfeits any
> such protection as soon as he sets foot in his workplace?'
>
> Go the extra mile: don't assume a 'whereas' will save you!
>
I don't think anyone would argue with the spirit of the last line.
However the proceeding paragraph is perhaps misleading. As already mentioned
today, as with all European directives, the General Product Safety Directive
(GPSD) is a Directive from the EC to the governments of the member states,
Directing them to pass certain laws within each country. This is known as the
enacting legislation. The purpose of the directive is to ensure that the
domestic laws on certain matters , within each member state, are as near as
possible identical.
Thus it is for the government lawyers to interpret whether the GPSD requires
them to enact specific legislation to protect consumers and/or industrial
users of certain equipment.
If you were to find yourself a defendant in court you would be facing a
specific charge under your countrys domestic legislation. The scenario above
would not arise.
(It is probably fair to say that people are already well protected under
legislation whilst in the work place. Maybe the GPSD was aimed to give them
similar protection at home? )
Regards
Andy Wood
Engineer (Special Products)
Land Instruments International
UK
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