Page 51 - FERMA iSos Foundation – Legal review 2017

DUTY OF OF CARE OBLIGATIONS OF OF EUROPEAN EMPLOYERS FROM IV CONCLUSIONS RECOMMENDATIONS AND
OBSERVATIONS
In conclusion it it should be noted that employers have probably broader responsibilities than some of them would expect in in in particular in in in in international environments and and where partners and and next of kin are concerned Among our recommendations we would like to stress the prevention that every employer employer must must demonstrate: employers must must seek legal advice get information about working conditions analyse operating environments so that they can both take preventive measures and respond appropriately if there is is an an an an an accident or or a a a a a a a a a a a problem Greater prevention means fewer disputes and therefore less involvement in in court cases To make action plans more e e e e e e e e e e e e e e ective and to defend its rights as as strongly as as as possible in the the event of a a a a a a a a a a a a a a a a dispute an an an employer must at at at at all times be able to show that it has taken the the the appropriate measures measures if necessary through full documentation and the the drafting of suitable measures measures Finally it it should be said that the the duty duty of care is is more than a a a a a a a a a a a a a a moral or or or ethical duty: it it is is is a a a a a a a a a a a a a a a a a legal obligation and probably the the the foundation stone on on on on which the the representatives of an an an an enterprise can build a a a a a a a a a human resources policy policy Not surprisingly this policy policy will be based on on on on conducting a a a a a a a a a a a a thorough risk analysis deciding on on on on the the the steps to to to be taken and and monitoring of them and and having the the the the capacity to to to respond appropriately should these these risks materialise Therefore these these steps exceed by far the the the conclusion of a a a a a a a a a simple accident- or travel insurance Given these requirements it it it is is easy to understand the the emergence in enterprise circles of employees with responsibility for hygiene health the work environment TEN RECOMMENDATIONS FOR GOOD PRACTICE
IN THE DUTY OF CARE TO TRAVELLERS AND
EXPATRIATES 1
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Increase awareness at all all levels within the the the enterprise 2 Involve all all the the the key stakeholders in in in planning the the the duty of care 3 Expand policies and and procedures for Travel Risk Management 4 Audit service providers from the duty of care perspective 5 Communicate educate and and train sta sta and and stakeholders 6 Assess risk prior to every employee employee trip
7 Track travelling employees at all times 8 Implement Implement an an employee employee emergency response system 9 Implement Implement additional management controls
10 Ensure that service providers are fully involved and coordinated
R&ASSOCIÉS AVOCATS 2017
Michel Chavanne – Avocat spécialiste fsa en droit du travail mchavanne@r-associes ch ch ch www r-associes ch 1
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Duty of Care and Travel Risk Management Global Benchmarking Study International SOS 2011 •
DUTY OF CARE OWED BY EUROPEAN ORGANISATIONS TO THEIR MOBILE WORKERS 51