Rank: New forum user 
|
We have offices in France, Switzerland, Bermuda, Singapore, Netherlands and the US. When UK staff visit for a couple of days, a week, a month etc:
Do they still come under the UK HASAWA?
Do they come under both UK and local Health and Safety law?
If they have an accident is the UK CEO ultimately liable?
|
|
|
|
|
|
Rank: Super forum user
|
Quote/We have offices in France, Switzerland, Bermuda, Singapore, Netherlands and the US. When UK staff visit for a couple of days, a week, a month etc:
1. Do they still come under the UK HASWA?
2. Do they come under both UK and local Health and Safety law?
3. If they have an accident is the UK CEO ultimately liable? As far as I know the answers are: 1. HSWA only applies in the UK (including oil rigs) so no criminal liability exists for things that happen abroad – civil liability is a different thing. 2. Local H&S laws apply abroad- note that different countries’ have different systems of enforcement and the concept of civil and criminal liability in relation to H&S might not transpose in a simple way. 3. The UK based CEO might be held responsible but I am not sure if they can be extradited for H&S offences- Is there an outstanding case involving a floating gangway in a ferry terminal where the people held liable are still free as they are abroad?
|
|
|
|
|
|
Rank: Super forum user 
|
The above post is correct. Employees will come under the legal jurisdiction of that particular country. UK law has no legal standing outside the UK, the exception being the Offences Against the Person Act 1861, which is not relevant as it is not a health and safety law.
The slightly murky area as alluded by A Kurdziel, is where an MNE operates abroad but the parent company is UK based. There is a cogent argument that any offences associated with UK law could still apply under certain prescribed conditions. However, I am not aware of any case law or precedents in this respect.
|
|
|
|
|
|
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.