Page 23 - FERMA iSos Foundation – Legal review 2017

DUTY OF OF CARE OBLIGATIONS OF OF EUROPEAN EMPLOYERS FROM The scale for corporate nes ranges from EUR EUR 850 850 to EUR EUR 850 850 000 depending on on on the the the the the nature and and and extent of of the the the the the omission or or or the the the the the the participation of of of the the the the the the management and and and the the the the the the nancial standing of the the corporation In addition to to criminal liability the the employer or or its representative may also be held liable for damages caused to to the the employee VI SUMMARY
The OHSA imposes a a a a a a a a a a a a a general duty of care on on employers to to take all reasonably practicable measures to to to ensure ensure the the safety and health of its its employees employees Although the the the employer’s possibilities to to ensure ensure its its its employees’ health health and and safety safety in their work abroad are limited the the employer cannot ignore its its occupational health health and and safety safety obligations deriving from Finnish legislation in in in in in international working situations What the the the actual extent of the the the employer’s occupational health and and safety obligations is depends largely on on on on the the the particular circumstances at at hand in in each individual case In addition to the the the the the obligations obligations set set forth forth in in in in the the the the the Finnish legislation legislation the the the the the obligations obligations set set forth forth in in in in in in the the the the the legislation legislation of of the the the the the country of of destination must also be taken into account This applies particularly in in in in connection with longer assignments Regardless of whether the the employees are to be sent abroad on on on on on on on short business trips or or as as as as expatriates on on on on longer assignments the assessment of occupational health and and safety risks as as as as well as as as as proper corporate policies and and and instruction/training procedures should be given particular attention and and duly executed To the extent feasible all measures taken should also be recorded in in in writing in in in order to to ensure that that if needed the the the employer is able able to to prove that that it it it has duly ful lled its duty of care and other express obligations under the the the applicable legislation Although Finnish legal praxis contains numerous judgments relating to employers’ breach of their occupational health and safety safety obligations no precedents on on on on work safety safety o o o o o o o o o o o o o o o o ences involving international aspects so far exist in in in in in in in Finland However taking into account that the the essential elements of of a a a a a a a a a a a a a a a a a a a work work safety o o o o o o o o o o o o o ence are easily at at at at hand (as explained above the the ‘mere’ violation of of of work work safety regulations out of of negligence is is is su cient) it it is is is highly advisable that an employer sending its its employees overseas for work pays careful attention to to to its its statutory obligations on on on on on occupational health and safety in order to to to avoid sanctions CASTRÉN & SNELLMAN 2015
Henna Kinnunen – Counsel Employment henna kinnunen@castren www castren •
DUTY OF CARE OWED BY EUROPEAN ORGANISATIONS TO THEIR MOBILE WORKERS 23
1 1 Through the the the the OHSA Finland has implemented the the the the European ‘framework’ Council Directive 89/391/EEC on on the the the the introduction of of measures to encourage improvements in in in the the the the safety and and health of workers at work work 2 Through the the the the the Posted Posted Workers Act Finland has implemented Directive 96/71/EC concerning the the the the the posting of of of workers in in in in the the the the the framework of of of the the the the the provision of of of services (the Posted Posted Workers Directive)