Rank: New forum user 
|
I have a client that has staff who occasionally travel abroad - to the US (conference type work), but also to Middle East (exploration/work parties, but chaperoned by representatives from international companies with good health and safety management in place). My client is adament that I must give a definition of the workplace in overseas situations. I have explained the companies legal and morale responsibilities, provided guidance on good practice regarding safe hotel locations, etc, policies for staff, links and e-alert to the FCO. I have explained that every situation is different and that the circumstances in the event of an incident would determine the level of liability apportioned to the company, but that provided risk assessments have been carried out and they have done everything reasonably practical to ensure the safety of their staff they cannot be held responsibilty for the adults who work in their organisation, if they choose to ignore company policy and advice. Can anyone point me to some case law that may help me to explain, or a good definition of what the 'workplace' is in today's society?
|
|
|
|
|
|
Rank: Forum user
|
Hi Russell,
My understanding is as follows but it would be good to get others's views - particularly lawyers'.
It is my understanding that if someone is on a trip for business, he is at work for thw whole duration of that trip - even weekends and evenings as soon as he/she leaves his house on work duty - for example taking a taxi to the airport.
In Robb v Salamis (M&I) Limited [2006] UKHL 56 a person successfully sued his employer even though he was "off dutry" in his cabin on an offshore platform.
Unfortunately, I can't think of a case where someone was injured in a hotel in a foreign country while on his company's business.
Bill
|
|
|
|
|
|
Rank: Super forum user 
|
Companies can be prosecuted if they do not comply with UK law, however there is no juristiction outside UK waters for h&s offences, save for the odd exception. Not aware of any relevant case law because of the aforementioned reasons.
I suggest in the circumstances described a company can only provide due diligence. It is a very difficult situation when employees are working abroad. Risk assessments and the like is all I can think of which may mitigate the inherent risks.
|
|
|
|
|
|
Rank: Super forum user 
|
Perhaps it would be better to focus on the term "at work" as opposed to workplace?
|
|
|
|
|
|
Rank: Super forum user
|
There is excellent IOSH Guidance titled "Safety in the global village" This guide, and the separate checklists for employees, offer basic information for those placing people abroad and for those posted abroad – in the long or short term. http://www.iosh.co.uk/in.../guidance_and_tools.aspxFor demarcating when one is at work and not when abroad, the USA OSHA Reporting rules could be used. Many global/multinational companies use the same criteria. OSHA Rule:-1904.5(b)(6) How do I decide whether an injury or illness is work-related if the employee is on travel status at the time the injury or illness occurs? http://www.osha.gov/pls/...=STANDARDS&p_id=9636Obviously, you have to risk assess and come to a jusgement regarding type of accomodation, mode of travel used for commuting etc.
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.