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Is a company based in the USA and who is commissioning (minor) construction work to a building they happen to own in the UK, bound by UK H&S Legislation? The company has no physical presence in the UK.
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The regulations apply to all construction work carried out in Great Britain.
If the design is done outside GB, see regulation 10.
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Rank: Forum user
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I dont question whether the Regs apply to the work, it does. I'm just trying to comprehend how a non-UK Company with no presence and no employees in the UK can hold legal duties under HASAWA, or CDM Regs.
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Rank: Super forum user 
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I suggest that any activity in the UK is bound by UK law regardless of the origin of the company. Whether they will be prosecuted and how is not such a simple answer as it depends on the actual offence, jurisdiction, evidence, circumstances of the case and whether it's is the public interest.
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Rank: Super forum user
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You say they are commissioning this work to be carried out in the U.K. I am no legal expert but I imagine that the organisation/person overseeing this work would have a responsibility to ensure that it is carried out in a manner that complies with U.K. regulations/law. Surely it is up to them to ensure that they do not accept a requirement from their US client that contravenes the UK legislation.
Chris
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Rank: Super forum user
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chris.packham wrote:You say they are commissioning this work to be carried out in the U.K. I am no legal expert but I imagine that the organisation/person overseeing this work would have a responsibility to ensure that it is carried out in a manner that complies with U.K. regulations/law. Surely it is up to them to ensure that they do not accept a requirement from their US client that contravenes the UK legislation.
Chris
Agreed Chris, but the question was specifically about the non-domiciled (US) organisation's liability to UK law.
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Rank: Forum user
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Thanks for your views, especially Rays. I know that a construction client (wherever they are based) 'should' own the client duties under CDM 2015. In this case, its a question of 'can' they?
Anyways - I suspect it will be my job next week to 'ensure the client is aware of their duties'...... by email and with the use of weblinks. And if they choose not to appoint a PD and/or PC in writing, then they will become PD & PC by default and HSE can go pay them a visit. We, as main contractor, will have fulfilled our duties (I think).
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Rank: Super forum user
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by the very fact that a company has a property or just a presence [without a property] in the UK it also has duties and liabilities under UK law and the same applies in all countries & similar situations
the exceptions are on an embassy property and any military bases they may have e.g. if the construction work is undertaken on embassy property and/or its military base then they can do as they like or chose to comply with local law noting that this very complicated law hence lawyers get the big bucks
Just went through this with a multi billion dollar co [who produce paints] who are in a similar situation and it was their very highly paid lawyers who ensured that all complied with UK law for their buildings here in England even though the said [very highly paid] lawyers were in the USA and never set foot in the UK
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Rank: Forum user
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Thanks for sharing your experience Bob - very useful.
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