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#1 Posted : 21 September 2001 15:02:00(UTC)
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Posted By Christopher Rooney Can anybody comment as to where I can find legislation and/or further information as to a UK based company's responsibilities with regard to HASW for their employees working on foriegn customer contracts. Salary paid in UK. The only stuff I can find is with reference to Offshore, rigs, mines, diving operations etc... not much help. Thanks in anticipation.
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#2 Posted : 21 September 2001 16:51:00(UTC)
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Posted By Jim Sweetman Christopher, There may be existing UK legislation which is applicable to your company's work activities. However, the HSE will not enforce this legislation outside of the UK. UK H&S legislation (HASAWA, MHSWR etc) requires an employer to provide safe places of work, safe systems, risk assessments etc. This legislation does differentiate as to where the workplace is - it may be interesting if you get a response from anyone working with an airline or a major travel agent. However, if an incident occurs overseas, there is not likely to be an HSE site investigation - they may investigate company systems or procedures for dealing with the relevant scenario. My employer has laid down policy that all organisation personnel consider company property as being UK and to comply with UK legislation and standards whilst overseas. The only exception being that, if the host nation has more stringent requirements, then those requirements must be complied with. So far, this thread has been discussing Statute Law as opposed to Civil Law. Although I have no knowledge of any particular case, the possibility of a Civil case being taken against an employer in this country for an incident elsewhere does not appear to be beyond possibility. If an employer does not have suitable policy to protect the H&S of it's employees, there are grounds for a Civil case - also a lesser degree of proof is required. We've all seen the levels that Civil claims can reach! This is probably not what you specifically asking for, but I hope that it is of use. Regards Jim Sweetman
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#3 Posted : 24 September 2001 10:20:00(UTC)
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Posted By Jay Joshi Jim is right--HASAWA and its sub-ordinate regulations do not have jurisdiction outside Great Britain (except in territorial waters etc). However, in Civil Law, there is also a Duty of Care etc. Many global companies strive to have the same level of controls & protection (as in the "home country") of their "expartriate" employees when based overseas. At times these standards can be different for those who are the residents/workers from within the overseas countries --as the Health & Safety legislation in those countries may not be as advanced as it is over here.
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#4 Posted : 25 September 2001 09:56:00(UTC)
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Posted By Ken Urquhart Christopher, I confirm to some extent what Jim and Jay have already stated. If your company is or intends to work Globally then they should have a strategy for Health, Safety and Environment and the minimum standards that they wish to operate to. In my experience the minimum standard should be that of your organisations home country, (the UK?) unless that standard is lower than the standard that applies under domestic legislaton of the country in which you are working. For The EC it is supposed to be similar but you will find that it is not. For other parts of the world standards vary drastically. I currently live and work in Hong Kong, (since 1997 The Special Administartive Region, CHINA) Here on this secondment (2000 to date) I am employed by a local Chinese Company and I am paid locally. I am covered by the Health, Safety and Environmental Ordinances of Hong Kong (Statute) and the Employees Compensation Scheme and Employers Compulsory Insurance Ordinance. If I were to suffer an injury in HK then I would be entitled to Compensation under the HK EC scheme and would still have the right to seek damages in a Civil action through the local Courts and by using the due process of HKSAR Law. I could also be personally penalised by The HK Labour Department under their Legislation for H&S breach. I could not use UK Law or Safety Legislation. However a UK legal practice could act for me and would use either one of its Branch offices here in HK or in Mainland China or would instruct a local partnering legal practice to handle the matter on their behalf. There are many multi national legal practices all over the world so no need to fear lack of access to competent representation. For Guidance and information look at www.justice.gov.hk or www.oshc.org.hk or www.info.gov.hk/labour All these sites will give you an insight to Hong Kong style and standards. The HK Labour Dept Site, (Equivilant to the UK HSE) gives you a table of Links to other International H&S organisations, web sites etc. including mainland China. The actual H&S standards here are somewhat behind the UK and EC but having been a British Colony the rules very much reflect the former UK style, some legislation still being prescriptive. A recent development has been the introduction of a Health & Safety Management Code of Regulation however. When I worked here previously 1995 - 1998 I was seconded by my then UK based employer and paid in the UK but was also then protected by the HK legislation, both pre and post handover. I had no entitlement to UK legislative protection. It is a bit of a paradox however as if your Company adopts the UK/EC levels you will be operating to an advanced standard, ( This is the level that I and my colleagues are trying to uplift the local standards to). It is a steady dripping tap process and gradually the local system is reviewing and modernising its systems along the European lines. In fact the HKSAR Government recently rceived a report that it commissioned to review Construction, the industry with which I am involved and this report recently published, "The Tang report" very much reflects the Latham/Egan/M4i initiatives in the UK. In principal the HKSAR gov., are looking to adopt a fair amount of the reccommendations but probably over 5 - 10 years. The report also has large sections on HK Construction Safety and Environment issues. For wider World operation and H&S laws and civil rights and entitlements go to the Links on the IOSH web site. Also as I said the HK SAR Labour Dept site. You will find Australia, New Zealand, Canada, Singapore, Malayasia, in fact most of the former British colonies and now Commonwealth of Nations Members all have sophisticated Health, Safety & Environmental regiemes, Inspectorates and Government Statute in place, as well as national and local Health & Safety support and advisory organisations. Also look at the USA, Japan, The EC site, The International Labour Organisation, www.ilo.org and the Trades Unions, The TUC site and the International Trades Unions Council, all of which have vast links to many useful sites. www.tgwu.org.uk and www.tuc.org.uk are a couple of sites to try. Wherever you work in the world you will find standards vary but they are changing and in some countries faster than in others. However when you enter another country, be well briefed, find out about its ways and practices and don't come thinking all your ways and systems are the best or right. The Company may wish to introduce change but it has to be managed and structured and you need to win the trust and support of the local people if you are to succeed. Learn to work with them and to share with them and they will give you support, they will also many times give you constructive guidance and help, use their knowledge and skills. Hope this information helps. If you have needs in HK contact me and or the IOSH Hong Kong Branch. My e-mail is:kenurquhart@pccw.com Regards. Ken Urquhart
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