Key Differences in International Health and Safety Legislation
The same – but different
Each time you visit different countries in the developed world, you almost don’t notice how
broadly similar are the standards of health & safety. Buildings are illuminated inside and
out, floor surfaces maintained, toilets cleaned, fire extinguishers and alarms mounted on
walls, exits signposted, electrical systems protected, machines guarded, and so on.
Broadly speaking, all industrialised countries now have some kind of health & safety at
work legislation, with the 27 countries of the EU famously harmonising theirs to eliminate
barriers to free trade.
The devil is in the detail
G7 is a term that is used to describe the "Group of Seven", a coalition of seven countries
that have the largest and most advanced economies in the world: the United States,
Germany, Japan, the United Kingdom, France, Italy, and Canada. In 2018, the countries in
this group comprised more than 60% of the global net wealth for a total of $317 trillion.
To understand different G7 countries’ approach to health & safety legislation, one needs to
understand the main differences between their historic legal systems:
- Canada Legal System: Common law (except for Quebec, which follows civil law).
Penalties for breaking workplace health and safety laws can vary from province to
province. Typically, they may include fines, compliance orders, and in some cases,
prosecution leading to fines or imprisonment. - France Legal System: Civil law system influenced by Roman law. Penalties for
violating these laws can result in fines and, in some cases, imprisonment for
responsible individuals. - Germany Legal System: Civil law system influenced by Roman law and Germanic
customary law. Violations can result in fines, orders to cease work, and even
criminal prosecution. - Italy Legal System: Civil law system. Penalties for violations can include fines,
suspension of business activities, and potential criminal charges in severe cases. - Japan Legal System: Civil law system influenced by German and French law.
Penalties for violations can include fines, business suspension orders, and potential
imprisonment for responsible parties. - United Kingdom Legal System: Common law system. Workplace health and
safety laws are approved by Parliament, interpreted with approved codes of
practice, and enforced by the Health and Safety Executive (HSE). Penalties can
include fines and, in certain situations, imprisonment. The fines can be substantial,
particularly for more severe breaches of health and safety regulations. - United States Legal System: Common law system at the federal level; individual
states have their legal systems. The Occupational Safety and Health Administration
(OSHA) is responsible for enforcing workplace safety regulations at the federal level.
Violations can result in fines, citations, penalties, and, in severe cases, criminal.
It's important to remember that these are just general overviews, and each country's legal
system is complex and multifaceted, with numerous variations and nuances within them.
Additionally, legal systems are subject to change through legislation, court decisions, and
societal developments.
Workplace enforcement
Here are some key differences you might find in health and safety legislation among G7
countries:
- Canada: The Canada Labour Code governs health and safety in federally regulated
industries, while each province and territory has its own legislation for provincially
regulated workplaces. The Canadian Centre for Occupational Health and Safety
(CCOHS) provides guidance and resources on workplace safety. - France: France's primary legislation governing workplace health and safety is the
French Labor Code (Code du Travail). It sets out general obligations for employers,
employees, and other stakeholders regarding safety and working conditions. France
also has specific regulations on specific hazards and sectors. - Germany: Germany has a comprehensive set of health and safety regulations,
including the Occupational Safety and Health Act (ArbSchG) and various technical
regulations (Technische Regeln für Arbeitsschutz). These regulations cover areas
such as risk assessment, workplace design, hazardous substances, and safety
management systems. - Italy: Italy has several laws and regulations related to workplace health and safety,
including the Consolidated Safety Act (Testo Unico sulla Sicurezza) and regulations
issued by the National Institute for Insurance against Accidents at Work (INAIL).
These regulations cover risk assessment, safety measures, training, and accident
reporting. - Japan: Japan's primary legislation for occupational health and safety is the
Industrial Safety and Health Act. It covers a range of topics, including workplace
design, hazard identification, employee training, and safety committees. Japan also
has specific regulations for hazardous substances and industries such as
construction. - United Kingdom: The Health and Safety at Work etc. Act 1974 is the primary
legislation in the UK. It places general duties on employers, employees, and self-
employed individuals to ensure health and safety at the workplace. The UK also has
specific regulations for areas like hazardous substances, fire safety, and
construction. - United States: The Occupational Safety and Health Act (OSHA) is the primary
federal legislation governing workplace health and safety in the US. OSHA sets
standards for various industries and requires employers to provide a safe and
healthy work environment. The US also has regulations specific to hazardous
substances, such as the Hazard Communication Standard (HCS).
Some Canadian provinces, Italy and the United Kingdom have some kind of corporate
manslaughter legislation in place too.
Raising the bar
When the EU harmonised workplace H&S standards in 1992, it would have been
inconceivable – and unacceptable - to lower any one particular country’s individual
standards, so the approach was to raise everything to the highest common denominator
(frequently the UK standard at the time).
Arinite would recommend this to your company if you are thinking of producing a
handbook of H&S standards. Move everything up to the highest common denominator of
international legislation so your executives can be assured that they are meeting
legislation everywhere, yet incident-reporting, risk assessment, inspection, record-
keeping, prevention etc processes are familiar each time they visit an overseas branch
(language variations excepted).
How Arinite helps
Many of Arinite’s clients are multinational companies, often headquartered in the UK,
wanting the comfort of knowing that their UK and overseas branches are compliant with
H&S standards.
For reasons of efficiency, they would like as far as possible, standardised processes across
every branch, with similar paperwork, reporting lines, methodologies, and so forth.
To assist customers, Arinite produced an International Info-graphic comparing laws
between the four largest European economies and also an International Health and Safety
web page comparing the main pieces of legislation.
Contact us
Arinite clients worldwide appreciate we provide practical, no-nonsense advice about what you need to do to establish and maintain a safe and healthy working environment.
Our team of health and safety consultants take pride in keeping health and safety simple.
If you need to call upon our expert assistance, or just for an informal chat, please call our
office +44 207 947 9581, or type an enquiry to: https://www.arinite.com/contact-us/.
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