Rank: Guest 
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Posted By James Lawrence
Put this on the wrong forum!....here goes again
Apart from the OSHA site, do anyone know of any good publications with regards to our legal duties and our undertakings to our own british employees and taking on US employees when working in the USA.
I understand there is Federal law and state law with regards to enforcement, however how does this fit when it come to liability when a potential accident may happen. Do our employees come under our own HSAWA 1974 regardless that they are in another country? USA employees we take on, I imagine, any prosecutions or liability is with fedaral or which states you are in.
Any help?
Thanks James
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Rank: Guest
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Posted By Rakesh Maharaj
James,
Whilst writing a health and safety guide for Fortune 500 companies and developing a management system for a transatlantic company head officed in the UK, I came across information that may be of assistance.
From memory, depending on the consequence of an event, OSHA may seek to hold liable any UK parent body if it can be demonstrated that parent body had direct control over the circumstances that led to that event. This will apply to both US and UK nationals working in the US.
Whilst I could not find any case studies in support of this assertion, the system I installed took this assertion into account. Therefore, all arrangements, responsibilities and resource decision making ability was located locally, with frequent reports sent to the UK. However, the installation of such a system does not come without its unique challenges.
I hope this is of some help. Please feel free to contact me if you wish to discuss.
Regards
R
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