MEPs retreat over 'tan ban' law for workers

After months of wrangling over the so-called tan ban, the European Parliament voted yesterday to allow individual member states to decide whether or not to place new obligations on firms. But the European Commission warned it may try to overturn the MEPs' decision and reinstate clauses to ensure workers are protected from sunlight.

The EU's "optical radiation directive" is mainly designed to provide better safeguards for workers exposed to potentially dangerous artificial radiation such as from X-rays. But the obscure piece of EU legislation became politically contentious when tabloid newspapers claimed that Bavarian barmaids in low-cut tops would be forced to cover their cleavage while working in beer gardens, and that bare-chested British bricklayers would have to wear T-shirts.

Supporters of the measure argue that its scope must include sunlight because of the dramatic increase in cases of skin cancer. But critics have accused the EU of acting as a "nanny state" and newspapers in Britain and Germany denounced the plans.

The Liberal Democrat MEP Liz Lynne described the vote in the European Parliament as a "victory for common sense", adding: "It is no business of the EU to decide whether workers can wear shorts and be bare-chested."

But the European commissioner for employment, social affairs and equal opportunities, Vladimir Spidla, said: "It is the role of the Commission to ensure the highest protection of workers in line with both the treaty and the existing framework of community occupational health and safety legislation."

A Commission spokes-man added: "It is not logical to cover artificial radiation and not natural radiation as both are dangerous."

Officials may now press for the measures against sunlight to be restored in a process called "conciliation", which takes place when MEPs, states and the Commission disagree on laws.

The original version of the law would have laid down minimum standards on information and protection against over-exposure to the sun. Workers might be warned about the dangers of over-exposure, told to cover up or given lotion.

Member states would have had flexibility on how to apply the law to take account of the climatic conditions in the 25 nations. Nevertheless, some feared that, even in northern European, some employees would order their workers to cover-up to protect themselves from possible lawsuits if workers later developed skin cancer.

If the parliament's vote stands, countries will be able to exclude sunlight from the scope of the legislation altogether, a situation lamented by centre-left MEPs. The Labour MEP Stephen Hughes said skin cancer cases in the UK had doubled in 25 years, and had risen by up to 20 per cent among German farm workers in the past 10. About 2,000 Britons die from the disease every year. "The Eurosceptic media and right-wing politicians are hell-bent on misrepresenting important health and safety legislation, he said.

David Frost, director general of the British Chambers of Commerce, welcoming the vote, said: "Over-exposure is, of course, of concern. Ensuring the safety of workers is in any employer's best interest. But there is a danger this could mean an extra burden on businesses in what is a very grey area."