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Steven n  
#1 Posted : 15 September 2011 10:37:36(UTC)
Rank: Forum user
Steven n

How far does our duty of care for employees working abroad extend? We obviously cannot monitor our guys 24-7 if someone has an accident in their accomodation does dut of care exists? In my opinion the first question that would be asked is if they weren't working for our company would they be in that place?

Thanks,
RayRapp  
#2 Posted : 15 September 2011 12:38:52(UTC)
Rank: Super forum user
RayRapp

Steven

It is a very difficult question and without I suggest a definitive answer. Doing what is reasonably practicable as an employer to protect your employees will depend largely on the risks your employees face when working abroad. Clearly, some parts of the world are inherently more risky than others. That said, guidance via a list of dos and don'ts and consultation would be at the top of my list.

I believe there are companies out there in the public domain who specialise in this field and it is probably worth contacting them for some proper professional input.
jay  
#3 Posted : 15 September 2011 13:05:55(UTC)
Rank: Super forum user
jay

There is very good IOSH Guidance, "Safety in the global village" (and the separate checklists for employees) offering basic information for those placing people abroad and for those posted abroad – in the long or short term.

http://www.iosh.co.uk/in...fab4c41cd&version=-1


checklist 1 -before you go
http://www.iosh.co.uk/in...fff90b028&version=-1

checklist 2 -personal health
http://www.iosh.co.uk/in...d7746e97e&version=-1

checklist 3 -once you are there
http://www.iosh.co.uk/in...5fe756eb5&version=-1
Steven n  
#4 Posted : 15 September 2011 13:22:12(UTC)
Rank: Forum user
Steven n

Thanks both, Ok, to expand on my question, I am satisfied that in terms of 'at work' on site risk is well managed, SSOW in place etc. etc. but we have had a guy who tripped over a flip flop (damn you flip flops!!) in his accommodation and banged his head. As he is is abroad working for us does our duty of care extend to his and their down time? Do we stop them having a drink at weekends incase of accidents? Do we inspect their rooms for trip hazards?
I can picture a solicitor saying 'If it was not for your company he would not have been there, therefore the DOC exists'.
Irwin43241  
#5 Posted : 15 September 2011 13:39:33(UTC)
Rank: Guest
Guest

Think about what is 'reasonable'. It is reasonable DOC extends to 'at work' however it would not be reasonable to extend the DOH to their down time, having a drink etc.
Irwin43241  
#6 Posted : 15 September 2011 13:41:03(UTC)
Rank: Guest
Guest

Think about what is 'reasonable'. It is reasonable DOC extends to 'at work' however it would not be reasonable to extend the DOC to their down time, having a drink etc.
RayRapp  
#7 Posted : 15 September 2011 13:45:07(UTC)
Rank: Super forum user
RayRapp

No is the simple answer. You can only do what is reasonably practicable, inspecting their footwear, rooms for tripping hazards, etc is not practicable. Sometimes you have to accept 'things' happen, but employees need also to be aware of their own personal safety ie not getting drunk.

UK h&s law does not normally apply in other jurisdictions, but insurance for the employees abroad should cover them. You may need to discuss ELI with your insurance company to confirm.
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