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TRAVEL RISK MANAGEMENT 2015
Table on the transposition of the EU legislation in some Member States
BELGIUM Law of 4 August 1996 on the Health and Safety of employees at work.
Transposition of the Framework Directive
Civil Liability
Liability for breach of a civil duty owed to an employee by his/her employer is strict, though it may be a defence for the employer to prove that the injury suffered
by the employee was due to drunkenness on the part of the employee or the breach by the employee of his/her health and safety duties, and the incident could not have been avoided by the employer.
CZECH REPUBLIC
Specific legislation was newly enacted to give effect to the Framework Directive and Daughter Directives - Labour Code and Health Safety Act.
Corresponding duties under the relevant transposition legislation to be enforced by administrative sanctions (penalties) imposed by relevant regulatory authorities and
the criminal law may not be applicable at all, or only applicable to individuals, rather than to companies or other legal person - administrative penalties for breach of the relevant duties can be imposed by the State Labour Inspection.
Legislation may be applied even if the injury to a legally protected interest occurred abroad, provided that the activities of the employer were carried out in the Czech Republic.
DENMARK Cf. Appendix 1: “Danish Perspective on Employer's Duty of Care in Occupational Health and Safety Matters”.
FINLAND Cf. Appendix 2: “Sending workers overseas: Finnish Perspective on Employer’s Duty of Care in Occupational Health and Safety Matters”. FRANCE Cf. Appendix 3: “Le Devoir de Protection des employeurs vis à vis de leurs voyageurs et expatriés : point sur le réglementation française”.
GERMANY Specific legislation was newly enacted to give effect to the Framework Directive and Daughter Directives - Labour Protection Law (Arbeitsschutzgestz) Under section 2(2) of the Act, German law requires more concrete duties to be regulated by the Workplace Ordinance (Arbeitsstättenverordnung, ArbStättV)
and Operation Safety Ordinance (Betriebssicherheitsverordnung, BetrSichV) Non-compliance with ArbStättV is an administrative offence if no injury occurs. There is no strict liability and proof of either intent or negligence are required, but negligence may be presumed to the extent that the employer is deemed to know the law. No risks need to be identified for an administrative offence.
If a person is injured, non-compliance can be prosecuted as a crime. However,
in this case also no strict liability exists but prosecutor has to prove that employer acted with purpose regarding his duties and at least negligently regarding the health of the employee.Germany does not have a corporate manslaughter and homicide law. However, if representative of corporation cause the breach of criminal laws acting as representative (e.g. by being negligent regarding employee’s’ life by not complying with labour protection requirements), courts may treat such crimes as administrative offences of the corporation, with fines of up to EUR 5 million applying in cases of negligence and up to EUR 10 million in case of purposeful acts.
Breaching of either ArbStättV or BetrSichV leading to an injury may give rise to civil liability under torts law. Section 823 § 2 Civil Code (BGB) provides that breaches
of Labour Protection Law (Arbeitsschutzgesetz) lead to civil liability. In additions, in case of injury cause by non-compliance, general torts law Section 823 § 1 Civil Code (BGB) is applicable.
Civil liability must be based on intent or negligence.
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