My understanding is this: As far as the criminal law is concerned UK H&S law ends on the continental shelf. Overseas it’s the local laws that apply. But the UK civil law might apply if you establish that the job was planned and managed from the UK even though it was happening overseas. I am not sure where I read this (SHP?) I might even have dreamt it but that’s my guess.

Maria, this is a subject close to my heart. I am a surveyor working for an insurance syndicate. We insure high risk contractors and a lot of them do overseas work. UK Employers Liability policies extend to provide cover for UK nationals working overseas. The local labour force is normally insured in the local insurance market. I have come across firms who do try to take a relaxed view on overseas work and my responses normally take the following line. 1) If the work is in Europe then equivalent legislation driven by EU directives is likely to be in force. 2) For work further afield, I change tack and point out that they still have the same moral duties to their workforce. 3) In addition, the financial consequences can be a great deal more onerous. How would the senior directors feel about facing a court in a foreign land? How would the workforce feel if they felt their safety was worth less consideration overseas? 4) If their UK operations safety arrangements are good, I suggest the cost of transposing these to overseas ops is probably a good deal less than trying to run 2 different safety cultures. Also, overseas staff will also often do UK work so why give them a confusing message? 5) Finally, I would suggest insurers take a dim view of clients who feel free to do as they wish once they are beyond the reach of UK enforcement agencies. There is no need to descend to the lowest level of H&S management prevailing just because the HSE cannot see you. I'm always very polite when I do this but I am aware of at least one case where we withdrew EL cover mid-term because the client took a very relaxed attitude to overseas work.