In wake of first ‘corporate killing’ conviction, employers need to look at safety of workers they send overseas
For the first time since the Criminal Code of Canada was amended in 2004, a Canadian company has been convicted for criminal negligence causing death. (For more information on the conviction and Canada’s “corporate killing” law, visit www.hrreporter.com, click on “Advanced Search” and enter article #6014.)
The code was amended to make it easier to charge companies for health and safety offences following the 1992 Westray disaster that killed 26 miners in Nova Scotia. And while health and safety policies are simpler to envision in traditional workplaces, companies must also accept that they have duty of care obligations and foster a culture of safety for all employees, including those who are travelling or posted abroad.
Many employers are sending employees into regions with high business potential that are also plagued by endemic economic and political turmoil and disease risks, extending concerns about employee safety beyond the typical work environment. Regional conflicts, terrorist attacks and difficult social and medical conditions are common problems for employees in high-risk areas. So what do businesses need to know and do to seize international opportunities while still meeting their moral and legal obligations for the safety of employees?
Reliably assessing levels of risk, managing it and, ultimately, deciding when a situation is simply too risky, have never been more complicated or more necessary. The moral obligation to keep overseas workers safe is reinforced by these increasingly pressing legal obligations and responsibilities. Before staff are sent into hazardous areas, a good first step is to define what is safe in terms of working conditions and what is not.
Risk assessments and employee consent
Employment contracts and training should clearly articulate the company’s policy regarding the risks of the job in addition to the risks that come with working in foreign locations. A clear paper trail for this process is important and should include feedback from staff, confirming they have been properly briefed.
But finding the appropriate strategy for each risk area and each job can be just as difficult as ensuring they are explained and adhered to. Someone who has spent her whole life in Calgary may feel less familiar — and be at greater risk — in Qatar than in New York. In contrast, someone from Cairo could feel more comfortable in the Middle East than in North America.
Some types of risk can be trickier to quantify and manage than others. With medical risks, people are usually happy to take vaccines and oral medications as preventative measures if a doctor prescribes them. But security risks are much less tangible. Training employees in potential security threats and proactive behaviours can positively affect an employee’s attitude, their understanding of the way their environment affects them and the way they act.
Current information
Some regions also demand more preparation than others. Any organization thinking of sending staff into the Democratic Republic of the Congo, for example, should first try to understand as much about that country as possible, including a full social, geopolitical, industrial and corruption profile. Then do an “on the ground” survey of the area where people are actually going to be working or living. With that information the company can organize the logistics of operating there, getting people in and, if something bad happens, evacuating them.
Stay in touch and keep employees informed
In a crisis like a terrorist bombing of a European capital, a sudden outbreak of war or a natural disaster, employers are too frequently unable to answer basic questions about the numbers and identities of employees who may be affected. So, travel plans, contact numbers and specific crisis procedures should be available. Managers and individuals on-site should know about emergency contact centres and evacuation plans. Employers should be able to keep track of staff movements around the world.
The policies companies put in place to assess and manage specific risks should take these variables into account, so all employees are completely prepared before they leave to live or work in a new country. Every risk management policy should be robust enough to provide a clear course of action, even in those eventualities that cannot be predicted.
Doing business internationally is part and parcel of a competitive global marketplace. The opportunities can be exciting and lucrative, but the necessity of sending staff overseas is not justification for exposing them to unnecessary risks. Armed with relevant, timely information, clear lines of communication and an accurate assessment of the working environment, organizations can seize international opportunities while still meeting their moral and legal obligations.
Mike Penrose is a regional security director in the United Kingdom for International SOS. He has worked in most of the major humanitarian and conflict-related crises since the genocide in Rwanda 1994, including Bosnia, Kosovo, Chechnya, Tajikistan, Afghanistan, Sudan, Liberia, the Democratic Republic of the Congo and Somalia. For more information visit www.internationalsos.com.
The code was amended to make it easier to charge companies for health and safety offences following the 1992 Westray disaster that killed 26 miners in Nova Scotia. And while health and safety policies are simpler to envision in traditional workplaces, companies must also accept that they have duty of care obligations and foster a culture of safety for all employees, including those who are travelling or posted abroad.
Many employers are sending employees into regions with high business potential that are also plagued by endemic economic and political turmoil and disease risks, extending concerns about employee safety beyond the typical work environment. Regional conflicts, terrorist attacks and difficult social and medical conditions are common problems for employees in high-risk areas. So what do businesses need to know and do to seize international opportunities while still meeting their moral and legal obligations for the safety of employees?
Reliably assessing levels of risk, managing it and, ultimately, deciding when a situation is simply too risky, have never been more complicated or more necessary. The moral obligation to keep overseas workers safe is reinforced by these increasingly pressing legal obligations and responsibilities. Before staff are sent into hazardous areas, a good first step is to define what is safe in terms of working conditions and what is not.
Risk assessments and employee consent
Employment contracts and training should clearly articulate the company’s policy regarding the risks of the job in addition to the risks that come with working in foreign locations. A clear paper trail for this process is important and should include feedback from staff, confirming they have been properly briefed.
But finding the appropriate strategy for each risk area and each job can be just as difficult as ensuring they are explained and adhered to. Someone who has spent her whole life in Calgary may feel less familiar — and be at greater risk — in Qatar than in New York. In contrast, someone from Cairo could feel more comfortable in the Middle East than in North America.
Some types of risk can be trickier to quantify and manage than others. With medical risks, people are usually happy to take vaccines and oral medications as preventative measures if a doctor prescribes them. But security risks are much less tangible. Training employees in potential security threats and proactive behaviours can positively affect an employee’s attitude, their understanding of the way their environment affects them and the way they act.
Current information
Some regions also demand more preparation than others. Any organization thinking of sending staff into the Democratic Republic of the Congo, for example, should first try to understand as much about that country as possible, including a full social, geopolitical, industrial and corruption profile. Then do an “on the ground” survey of the area where people are actually going to be working or living. With that information the company can organize the logistics of operating there, getting people in and, if something bad happens, evacuating them.
Stay in touch and keep employees informed
In a crisis like a terrorist bombing of a European capital, a sudden outbreak of war or a natural disaster, employers are too frequently unable to answer basic questions about the numbers and identities of employees who may be affected. So, travel plans, contact numbers and specific crisis procedures should be available. Managers and individuals on-site should know about emergency contact centres and evacuation plans. Employers should be able to keep track of staff movements around the world.
The policies companies put in place to assess and manage specific risks should take these variables into account, so all employees are completely prepared before they leave to live or work in a new country. Every risk management policy should be robust enough to provide a clear course of action, even in those eventualities that cannot be predicted.
Doing business internationally is part and parcel of a competitive global marketplace. The opportunities can be exciting and lucrative, but the necessity of sending staff overseas is not justification for exposing them to unnecessary risks. Armed with relevant, timely information, clear lines of communication and an accurate assessment of the working environment, organizations can seize international opportunities while still meeting their moral and legal obligations.
Mike Penrose is a regional security director in the United Kingdom for International SOS. He has worked in most of the major humanitarian and conflict-related crises since the genocide in Rwanda 1994, including Bosnia, Kosovo, Chechnya, Tajikistan, Afghanistan, Sudan, Liberia, the Democratic Republic of the Congo and Somalia. For more information visit www.internationalsos.com.
