Page 10 - FERMA iSos Foundation – Legal review 2017

DUTY OF OF CARE OBLIGATIONS OF OF EUROPEAN EMPLOYERS FROM This prevention policy has to be structural and and systematic and and should be be embedded in the the whole management of the the organisation The performance of a a a a risk assessment and the consequent choice of of preventive measures is is the the basis of of the the policy The Act allows for some room to implement the policy It should be seen as an opportunity rather than an an obligation to set up a a a a a prevention policy that aligns with the company culture Summarizing one can say that in in order to be aligned with the various legal provisions an employer is is generally duty-bound to implement as as as as far as as as as reasonably practicable the following measures to ensure the safety and health of its employees at work:
• Taking preventive measures based upon a a a a a risk assessment taking into account the general prevention principles • Providing safe work equipment (bringing into service maintenance inspection) • Instituting procedures to deal with workplace emergencies • First aid • Measures that must be taken if there is serious and imminent
danger • Information consultation and participation of workers • Adequate instruction and training of workers • Enlist competent internal or or external services or or persons WORK ACCIDENTS
In Belgium the ‘Arbeidsongevallenwet’ (work accidents act) of 1971 imposes speci c c responsibilities on on employers A work accident is de de de ned ned as a a a a a sudden unplanned and uncontrolled event happening to a a a worker in in in the course of work work and resulting in in in personal injury In the the course of work includes the the way to and back from the workplace Accidents occurring during a a a work work mission abroad are also covered Every employer needs to have an an occupational accident insurance for his workers Each work work accident has to to be reported to to the occupational accident insurer in in order to compensate the victim Another legal obligation is is to register and examine accidents to to to be able to to to take appropriate corrective action to to to avoid similar accidents in the future For speci c c c c work work situations such as working at at heights in in con ned spaces asbestos removal etc special preventive measures must be taken by the employer The control of major-accident hazards (for instance in in in the chemical industry) is subject to special regulation III LIABILITY/REDRESS
Expatriates or business travellers to and from speci c c c countries are likely to seek redress for harm under the the Western laws where the the corporations operate – even if the host nations have not created duty of care legislation With increased globalisation employee mobility is expanding to include converse migration of workers from less to more developed countries The employees range from low skilled workers workers (such as janitors service workers workers maids maritime workers taxi drivers etc ) to skilled engineers While the the home countries of the the employees may not have well developed duty of care cultures and legislation employers are are being held liable to the the the highest duty of care levels in the the the home or the the the host countries and courts tend to favour ever-greater protections for workers IV PREVENTION
Safe and healthy working conditions are essential to the production of quality products and services Being successful in in in in business implies taking calculated risks Prevention is is the most rational way to protect from risk of accident and disease Prevention allows eliminating or reducing uncertainty to a a certain extent There is is no absolute guaranty but by assessing risks and taking appropriate preventive action companies can improve their productivity and ensure continuity This is is equally valid for the situation of workers travelling or or or residing abroad for work VBO-FEB 2017
Kris de Meester – Manager Health & Safety A airs www vbo-feb be 10
DUTY OF CARE OWED BY EUROPEAN ORGANISATIONS TO THEIR MOBILE WORKERS •