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Posted By Steven Cottrell
If a company has a headquarters based in the UK, but its workforce are employed in other countries around the world, are the employees covered by the HASAW act 1974, or are they covered by their country of employement?
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Posted By David Kimmins
Steven
You state the workforce is employed in other countries.
Local law is sovereign.
David
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Posted By Jonathan Sandler CMIOSH
Not so much HASAWA try RIDDOR.
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Posted By Jack
No, HASAWA does not apply. And nor does RIDDOR.
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Posted By Jerry Lucey
I agree with Jack. In Ireland, for example there is the requirement for an employer to produce or cause to have produced a Safety Statement where more than three employees are employed. The requirement for a safety statement are set out in Section 20 of the Safety, Health & Welfare at Work Act 2005 and all employees working in Ireland are covered by this Act.
A Safety Policy, as produced under UK legislation may not meet the requirements under Section 20.
Under Irish Legislation areas such as RIDDOR are covered either under the 2005 Act or the Safety, Health & Welfare (General Application) Regulations 1993.
It is important to comply with the legislation of the Country in which your employees are working as even in the EU, Directives are enacted into legislation in different ways within member states.
The Enforcement authorities in countries you may work in may not look favorably on references to UK legislation e.g. RIDDOR as it may suggest that local legislation is not being looked at and you are importing your systems/ policies from the UK without regard to local legislative requirements.
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Rank: Guest
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Posted By Steven Cottrell
Does that mean that any safety plan or policy written must come into line with the country the employees are working in, if required by that particular country.
I work in middle Africa (Sudan) and hardly any safety culture exists for the locals, I wandered if the UK workers employed over here are covered by HASAWA, if not then what? We also have a number of EU workers employed will they be covered by their own country of residence? Or will everybody only be covered by local law?
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Posted By Mike Draper
Steven
This is potentially a different scenario to that you first outlined.
Are the workers concerned employed in the UK and working somewhere else? For example, if you were seconded to work in a different country on a temporary basis and still paid by your employer in the UK, then some aspects of UK law will still apply.
Clearly RIDDOR wouldn't as this has a defined geographical aspect, however your employer would still have a duty to you.
Whereas, if you are transferred to an undertaking in a different country and paid as though resident in that country by an employer based in that country, then you fall wholly into the local employment regime and local H&S law of that country.
The situation is not clear cut for expatriots and should be looked at carefully.
Does that help any?
Mike
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Posted By Steven Cottrell
Mike thanks it does help a little. I am trying to write and advise on a a safety policy for the company, and yes we do employ expats, so the main problem is what law the policy must adhere to if any?
The company is very safety concious as we deal in a risky buisness, so a lot of safety management exists, i am just trying to tie down a few loose ends!
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