May 2024 International Blog – Duty to employees working abroad
British workers killed in Gaza
Tragic news last month of three British aid workers dying from blast injuries in Gaza got me thinking about the perils of sending workers overseas….
Opportunities abroad
The company I worked for during the late 1980’s was able to see that markets were liberalising within what was then known as the European Economic Community (forerunner to the European Union). It was becoming easier to do business in some Continental countries, and our directors felt there might be rich pickings to be had from replicating our UK business model within other EEC states.
We therefore started to build from scratch, or buy existing, overseas companies, putting UK expats in charge of factories or distribution depots within France, Ireland and the Netherlands. In those days, it was probably fair to say that the UK was a global leader in workplace health & safety standards, and our directors were concerned to see that overseas branches upheld the same standards we were used to in the UK.
Imagine the surprise on the faces of overseas employees when one of the first visitors from the new UK parent company was none other than a health & safety manager!
Wish you were here?
Brexit notwithstanding, increasing globalisation has led to large numbers of Brits now regularly working abroad from short assignments (travelling there and back on the same day) to permanent postings.
Sometimes however, the countries concerned are not only a long way away geographically, but also a long way away in terms of health & safety standards. This is particularly notable in war zones or where minerals are extracted in harsh, unforgiving environments far from any home comforts (and sometimes both!)
When things go pear-shaped
Should the worst come to the worst, and one of your employees is injured on company business whilst working overseas, there is every likelihood that they will pursue damages against you through the UK courts, rather than in the country concerned.
In common law, employers owe a duty of care to employees to take reasonable care for their safety at work - even when the employee is working abroad. They must provide a safe place of work, competent supervision, safe equipment/substances, and a safe system of work. All qualified, of course, by the concept of reasonableness.
Reasonableness includes keeping up to date with local threats and any risks associated with the work overseas.
What must employers do?
Where large numbers of employees are located by the same UK company in an overseas demise, our courts would deem it not unreasonable for you to send out a competent health & safety expert to inspect the site or audit implementation of procedures from time to time.
Arinite frequently carries out overseas audits and inspections for precisely this purpose. If you are unsure of what is in place for your international office(s) whether you have 1 or 500+ staff you should consider undertaking a Health and Safety Audit and Inspection which will highlight any non-compliances with local country health and safety/fire legislation. Arinite can help by calling upon our locally based H&S/Fire Consultants; their report will prioritise what needs to be done.
If, however, you locate expats in an aggressive environment, you need to consider the following precautions:
- Risk assessment of the destination country, considering factors such as political stability, crime rates, healthcare quality, safety standards, natural disasters, and potential health risks (e.g., infectious diseases). · Travel Advisory Review e.g. from Gov.UK
- Health Insurance Coverage
- Vaccinations and Health Screenings
- Emergency Communication Plan
- Cultural Awareness Training
- Security Measures in accommodation, transportation, areas to avoid, etc.
- Emergency Preparedness
- Local Support Network
- Maintaining regular communication
- Driving permits or licence arrangements
Specialist agencies can help with this as can Arinite
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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