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Posted By Jennifer Kelly
I am currently reviewing the wording in the H&S Policy for my organisation (large international charity) and wanted to get opinions on a particular paragraph pasted below. I am not the original author and I don't feel comfortable with the last line relating to ensuring compliance with UK civil law. What do members of the forum think?? All opinions and thoughts very welcome.
Kind regards, Jennifer
"Charity UK’s policies and procedures are developed to ensure compliance with all UK and European Law as a minimum. Where Charity UK operates outside Europe, procedures are developed to a Charity UK corporate standard and to ensure compliance with local country law as well as UK civil law where relevant."
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Posted By Jason911
Hi Jennifer.
I agree with you the sentance is unnecessary. I would put a full stop after country law.
Jay
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Posted By Tabs
It's neither here nor there ... if your charity does try to avoid breaching such tortes as negligence, trespass, etc., then why not say so in your statement - the statement is just telling people what you intend to do.
It is a good way of making your employees at least consider that side of law.
However, whilst all statements you see published are guides, and no one style is compulsory, I haven't seen this sentence used before.
Whatever you choose to do, no-one will hound you for it.
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Posted By Robert Kite
Why not just refer to the recognition that UK and International legal positions exist and that your charity sees compliance with these where relevant, as a minimum standard. The document is after all a statement of intent rather than a statement of detail.
If you have employees who are required to work abroad you may like to familiarise yourself with the employers duties of a UK based organisation operating outside the UK boundaries.
Robert Kite (robertkite@safetyacademy.co.uk)
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Posted By Les Welling
The MOD say: "Within the United Kingdom, we will comply with all relevent applicable legislation (including legislation giving effect to the UK's international obligations) Overseas, we will apply UK standards where reasonable practicable, and in addition comply with relevant host nations' standards."
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Posted By Stuart Henderson
Sounds good Les!
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Posted By David Kimmins
As someone who works in 'International', I come across this issue all the time realting to global standards. Why not just say what I hope you intend to do, and that is "create a safe workplace". Compliance with legislation is a minimum and does not create a safe workplace.
David
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Posted By Is Kismet
Right on David. Why is there a need to mention the law at all.
As an employee I would take it to mean 'we have to do it because the law says so'.
Doesn't "we will provide a safe place of work and safe working procedures" ... or some such words....sound much better anyway?
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Posted By VF
I feel that it is useful to mention your company's commitment to legislative requirements/standards both in the UK and abroad.
However, don't forget to mention the word 'relevant' in either sentence or you will/may be seen to be implying that you also comply with any irrellevant legislation. During an investigation, compliance audit, court of law, etc. This word could be very important when used defend your company - if required.
As you can see I am more inclined to go for the MOD style approach.
VF
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Posted By David Kimmins
In the interest of trying to help you understand how silly it is to cite legislation from Country ‘A’ while in Country ‘B’, try this as an example.
You work for John Smith's Construction in Leeds, England. John Smith's Construction is bought by a Chinese Construction Company (we’ll call it CCC). The next day you turn up for work find a new safety policy statement on the wall.
It says the following.
"CCC’s policies and procedures are developed to ensure compliance with all Chinese and Asian Law as a minimum. Where CCC operates outside Asia, procedures are developed to a Chinese standard and to ensure compliance with local country law as well as Chinese civil law."
How do you feel ? (you can substitute China for UK in the MOD one too, same outcome)
When you work globally, you have to be empathetic, sensitive to other cultures, and not appear arrogant.
Compliance with legislation as a mechanism to drive safety is the minimum standard. Why would we want a statement on the wall claiming we plan to be an underachiever.
David
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