• Share
  • Email
  • Embed
  • Like
  • Save
  • Private Content
Duty of Care and Travel Risk Management: Occupational Health and Safety
 

Duty of Care and Travel Risk Management: Occupational Health and Safety

on

  • 555 views

http://intelligenttravel.com.au/

http://intelligenttravel.com.au/

Statistics

Views

Total Views
555
Views on SlideShare
554
Embed Views
1

Actions

Likes
0
Downloads
9
Comments
0

1 Embed 1

http://tony-ridley.com 1

Accessibility

Categories

Upload Details

Uploaded via as Adobe PDF

Usage Rights

© All Rights Reserved

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Processing…
Post Comment
Edit your comment

    Duty of Care and Travel Risk Management: Occupational Health and Safety Duty of Care and Travel Risk Management: Occupational Health and Safety Document Transcript

    • CHAPTER THREE Occupational Health & Safety
    • Duty of Care: A Buyer’s Guide to Travel Health, Safety and Security “ The body of law concerned with the regulation of health and safety risks arising from work activities is now well developed -Michael Tooma [Lawyer] Safety, Security, Health and Environment Law (Page 23) ” While there has never been any official exemptions for business travel, regarding what is now common workplace health and safety standards, it is only in recent times that businesses and managers have started to apply these same processes to include the mobile workplace and the act of travel. If a business can demonstrate the same occupational health and safety systems or resources as applied to conventional workspaces such as offices, that extends fully to business travel, then they have the basis of an ‘inclusive’ process that demonstrates duty of care towards their travelling employees. If not, they are exposed and non-compliant. Page 6
    • Duty of Care: A Buyer’s Guide to Travel Health, Safety and Security Instantaneous  Travel:  The  process  of  making  travel  enquiries  and   booking  confirma:on  has  accelerated  significantly  in  modern   :mes.  The  risk  management  process  must  keep  pace  with  the   process  and  provide  the  same  level  of  health  and  safety  support.   Due to the evolved nature of health and safety management within the workplace, there is sufficient reference and procedural norms to support business travel. These same systems, if applied to business travel, are sufficient for many businesses to effectively manage the risks of travel. Despite numerous claims to the contrary, few businesses can actually demonstrate this process and consistency when it comes to travel risk management. Page 7
    • Duty of Care: A Buyer’s Guide to Travel Health, Safety and Security Greater clarity and extended definitions to the workplace have been introduced over the past few years, to include modern workplace environments and telecommuting habits of businesses and employees. Along with these refined understandings, travel and mobile workplaces have now been included as an obligation to employers to ensure they are managed and free from uncontrolled risks where possible. There is no separate laws or demands upon businesses and managers that relate to travel, merely a requirement to include this process along with all other business process, that require both evaluation and support resources. Workplace: “All places where workers need to be or to go by reason of their work and which are under direct or indirect control of the employer.” -­‐  ILO  Conven:on  155,  Occupa:onal  Safety  and  Health  Conven:on,  1981,   Ar:cle  3   Page 8
    • Duty of Care: A Buyer’s Guide to Travel Health, Safety and Security In many instances, obligations or liability is being moved from just that of businesses or organizations, to that of managers and decision makers. In practical terms, this has meant that there is less-and-less latitude for managers or decision makers to hide behind “it is company policy” as they now have a shared obligation to ensure the health, safety, security and risk management of their travellers. Realistically, those responsible for travel and travel management have not been sufficiently educated or informed to effectively govern this process. What  You  Need  to  Know:  There  are  two  key  considera:ons  for   preparing  travellers  when  it  comes  to  health  and  safety.  What   the  law  requires  you  to  provide,  and  what  the  circumstances  of   the  journey  require  the  traveller  receive.   Page 9
    • Duty of Care: A Buyer’s Guide to Travel Health, Safety and Security Workplace  Health  &  Safety:  Both  environments  need  to  be   managed  and  are  the  responsibility  of  the  employer  to  ensure  so.   The  same  due  diligence,  planning  and  resources  provided  in  the   office  are  also  (task  specific)  required  whilst  travelling  for  work.   Page 10
    • Duty of Care: A Buyer’s Guide to Travel Health, Safety and Security “ The risk management plan must be audited annually and updated in response to the findings of the audit ” -Regulation 8.3.8 of the Model Work Health and Safety Regulations [Australia] The emphasis of all health and safety legislation is proof and demonstration. Systems, resources, plans and processes must all be relevant, in place and implemented for both employees and external review/compliance in order to be compliant. There are clear and practical terms of reference around planning, audits, verification and due diligence. The same conditions apply to business travel risk management, for each journey, not just as a collective approach. The same degree of reporting, documentation and consideration must be evident in order for compliance and the concept of duty of care to apply. Page 11
    • Duty of Care: A Buyer’s Guide to Travel Health, Safety and Security Governing  Laws:  Travel  risk  management  requires  knowledge  of   the  specific  laws,  in  each  jurisdic:on,  for  each  category  of   employee  with  evidence  that  the  resul:ng  strategy  and  systems   comply  with  the  guidelines  and  relevant  laws.   Due to the evolved nature of health and safety management within the workplace, there is sufficient reference and procedural norms to support business travel. These same systems, if applied to business travel, are sufficient for many businesses to effectively manage the risks of travel. Travel health, safety, security and risk management should be a segment of your overall company’s risk management processes, not the dominant or stand alone solution. Page 12
    • Duty of Care: A Buyer’s Guide to Travel Health, Safety and Security InducAons  and  Workplace  EducaAon:  The  same  principles  and   demands  for  educa:ng  and  preparing  employees  for  business   and  the  workplace  apply  to  business  travel,  the  business  traveller   the  specific  journey,  des:na:on  and  ac:vity  undertaken   Page 13
    • Duty of Care: A Buyer’s Guide to Travel Health, Safety and Security Due to the overlapping considerations, professions and terms of reference when considering the complete travel health, safety, security and risk management spectrum, businesses and solutions therefore must identify, implement and maintain a number of accepted methodologies. This means, that for business travel, (significantly more acute due to the variances associated) the travel risk management solution must adopt processes from a number of source guidelines, laws and procedures. While these are viewed as ‘professional consensus’ rather than enforceable laws in most courts, they still form the evidence base for having acted in a professional and systematic manner. Self determined standards and ad-hoc approaches are more akin to an admission of guilt than practical compliance and risk management. “ The employer’s duty to ensure the health, safety and welfare of their employees would extend to ensuring that employees are not exposed to security risks” -­‐  Inspector  Nguyen  v  Western  Sydney  Area  Health  Service  [2003]   NSWIRComm  268  (Australia)   Page 14
    • If you’re interested in understanding how to instantly evaluate, educate and monitor the risk for every single traveller and business trip as part of your travel health, safety, security and risk management “ What begins as a workplace extension, ends in a business anywhere opportunity ” -­‐  Tony  Ridley  CEO  Intelligent  Travel