Your questions answered: Worker killed through lack of traffic management plan

By Jeff Salton on March 20th, 2018
  1. Risk Management
  2. Workplace Safety

 

Q

If a company is in a jurisdiction that operates under the harmonised WHS Act and it sends its workers overseas, is it expected to comply with the WHS Act for these workers?

 

A
The WHS provisions do not apply to employees of private companies working overseas, as the laws do not have extra-territorial application (other than the Commonwealth WHS Act).

Your business must comply with the applicable health and safety laws in those foreign jurisdictions. However, your employees may still be entitled to workers’ compensation for any overseas work injury, or would be able to sue the business for negligence if an injury resulted from a failure of the common law duty of care that your business owes them.

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