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cres  
#1 Posted : 23 April 2015 15:21:00(UTC)
Rank: Forum user
cres

Dear All, When It comes to staff traveling and working in another country outside europe, far east for example. Is there anything in legislation that says companies must manage the health and safety of staff that are out there? Now don't worry the company I work for takes excellent care of their staff abroad and I realise we have a duty of care of our staff but how far does that duty go once staff are in international teritory ? In the event of an accident could they still sue in the normal way? could the HSE take action ? may be for not having a suitable and sufficent international risk assessment for example ? and what if the staff are employeed by us but originates from that country ? sorry if I'm rambling but once I got thinking about the subject all sorts of questions starting popping into my head and I can't find any legislation that directly relates to staff working abroad but becuase it is an area I haven't looked at before I may just not be looking in the right place. ???????? I also can't recall touching on the subject during my diploma, but maybe I fell asleep during that bit. :) If anyone could point me in the right direction that would be great.
Alfasev  
#2 Posted : 23 April 2015 16:02:12(UTC)
Rank: Super forum user
Alfasev

I am sure the HSE only have jurisdiction in the UK and that companies must abide by local/national laws. Any legal action has to be taken in the country in question. I suspect you could argue that a breach occurred in the UK, especially in a civil courts for damages, if for example someone was sent abroad to do a single short duration job. However I believe the law was change a number of years ago that allowed people that commit crimes abroad to be put on trial in this country for cases where it is not possible for that person to stand trial in the country it was committed in. How this may apply to H&S law I do not know but it may apply to Corporate Manslaughter.
A Kurdziel  
#3 Posted : 23 April 2015 16:33:24(UTC)
Rank: Super forum user
A Kurdziel

The Health and Safety at Work Act 1974 and associated regs only apply to the UK(plus things like offshore oil rigs) therefore a UK based employer cannot be held criminally liable for things that happen overseas. As far as the civil law goes there is a duty of care in common law but it is of course limited by what it is practical for a UK based employer to do.
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