Page 53 - FERMA iSos Foundation – Legal review 2017

CONCLUSION
From the the small and and medium enterprise to to the the global multinational corporation it it it is is is is well understood that performance is is is is dependent on on on on on attracting and and and retaining a a a a a a a a a a a a a a a a a a a a a a a a a a a talented workforce workforce With digital innovations work work work is is is is increasingly conducted across borders by a a a a a a a a a a a a a a a a a a a a a a a a a a a mobile workforce workforce whose performance depends on on on on on on on on their safety safety health health and and and and wellbeing while on on on on on on on on assignment In 2016 companies spent an an an an an an an an estimated estimated $1 $1 3 trillion on on on on on on on business business business travel travel travel and and and and this is is is is is is estimated estimated to to to rise to to to $1 $1 6 6 Trillion by 2020 1 1 1 1 Disruptions in in in in in in in business business business travel travel travel for for health health and and and and safety safety risks can put put these investments in in in in in in business business business travel travel travel at at at risk and and expose employers to to to legal liability as as well as as reputational harm Attracting a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a millennial millennial workforce also depends on on on an an an an an an an an organisation’s ability to to o o o o o o o o o o o o o o o o er er er er overseas overseas assignments assignments and and and adequately manage the associated health and and and and safety risks of of of of such assignments assignments A A A recent international survey estimates that 71% of of of of millennials expect and and and and want to to to do an an an an an an an an an overseas overseas assignment assignment during their career 2 A A key component of of of of attracting and and and retaining this young talent is is is is to to to actively meet or or exceed the the duty of of of of care care to mitigate foreseeable risks in in overseas travel European employers sending employees abroad have obligations imposed imposed in in in in in in some cases by by EU regulations domestic law law law and and in in in in in in common law law law law countries countries imposed imposed by by case case law law law law to to ensure that they act prudently to to avoid or mitigate the the the the health and and and safety risks inherent in in in in in in in in in in in business travel and and overseas assignments The following research will assist you in in in in in in in in navigating the the the the complexity of both the the the the individual countries’ laws laws included here as as as well European Union laws Although the the the the the speci c c c c c c c c c c approach taken di ers ers across countries the the the the the message from the the the the the legislation regulations common law cases and other guidance is is is clear: employers have an an an an obligation to to actively prevent prevent harm to to their employees who travel on on on on on on on business An adequate prevention programme across the jurisdictions surveyed means:
Conducting risk risk risk analyses of of overseas assignments – Risk analysis analysis analysis by the the the the employer is is is is is is is is is is required in in in in nearly every law case or or or regulation in in in in in in Europe While the the the the the the the precise de de nition of of of an an an an an an an adequate risk risk risk risk analysis analysis analysis varies the the the the the the the general requirement is is is is is is is is is is is for a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a risk risk risk risk analysis analysis analysis that evaluates the the the the the the the working conditions abroad as as well as as evaluating the the the the the the the vulnerability of of the the the the the the the employee (or the the the the the the the accompanying family members) to health and safety risks if the destination is is risky Providing timely and and accurate information information – Each jurisdiction jurisdiction requires employers to to arm employees with su cient information information about the health and and safety risks of an an an an an overseas assignment including in in in in in in in in some jurisdictions speci c c c c c c c c c c c c instruction on on on on on on how to to avoid danger or or or act in in in in in in in in an an an an an emergency Providing help to to to employees employees while overseas – Many of the the jurisdictions also require the the employer to to to ensure that medical medical support rst aid medical medical insurance and and and emergency response services are available and and and adequately communicated to to to to employees employees employees before and and and during an an an an an an an an assignment Even where an an an an an an an employer employer employer is is is is sending employees employees employees employees to to to work at at at at at third-party premises the the the the employer employer employer can be be be held accountable for for for the the the the conditions onsite if these pose a a a a a a a a a a a a foreseeable risk to to employees employees employees Some jurisdictions also require that the the the the employer employer employer be be in in in communication with travelling employees employees employees When developing a a a a a a a a a a a a a a a corporate travel policy be sure sure sure to to to cover these requirements to to to ensure ensure compliance with your your your national legislation but more importantly to to to ensure ensure that are managing your your key asset your your talented global workforce Shireen Advani Lee Legal Adviser to the International SOS Foundation
1 1 Source: Statista 2017 2 2 Source: PwC Millennials at at Work reshaping the workplace 2011 (www pwc com/m1/en/services/consulting/documents/millennials-at-work pdf) •
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