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Presentation Title
Health and Safety Risks for
Your Traveling Employees:
What Steps Can Employers Take
to Protect Employee...
Presented by:
Michael P. Royal
Shareholder
Littler Dallas Office
214.880.8167 | mroyal@littler.com
Ben Huggett
Shareholder...
Presented by:
Emma Neher
Shareholder
Littler Venezuela Office
216.610.5464 | eneher@littler.com
Jaime Solis Canjura
Partne...
• What countries or regions currently
are considered “hotspots” and why;
• Advice on putting together a plan to safely
sen...
• Countries where war, civil insurrection, or terrorism
exists and presents physical harm or imminent
danger to the health...
Duty of Care Concept:
It is a moral and ethical issue, part of the
company’s social responsibility effort.
Employment rela...
Duty of Care Legislation:
Many Western Countries have developed legislation, and there is
substantial case law on this iss...
Four elements are necessary to establish
a breach of an employer’s duty of care:
• A hazard existed in the workplace;
• Th...
Your employee!
An asset that may become a liability!
What can happen:
• Injury or death of employee or
family member
• Lit...
• What Companies must do?
– Select an adequate assignee to face
a challenging assignment
– Structure the assignment: rotat...
• What Companies must do?
– Carefully draft an international letter
for a risky assignment.
– Pay assignee accordingly to ...
• If you have an assignee population, you should have an
international assignment policy, but if you have people
in risky ...
• Key Document!
• Employee’s specifics about compensation,
benefits and general conditions governing
the expatriation
• It...
• Besides general
information about the job
itself you have:
– Compensation items
– Definition of benefits
– Health Insura...
• Hardship Pay: Usually 10% to 25% of base
salary, to compensate employees for extreme
living conditions.
• Danger Pay: Ty...
• Provide Security Briefing and Training: Ensure
every assignee is informed about the security
risks in-country, knows how...
• Secure Housing: Limitations on where assignees can
live to eliminate situations that are particularly risky.
Apartment c...
• Better be safe than be sorry!
• Protect your assignee, the
financial health and moral
of your company!
– Health Insuranc...
• Nowadays companies recognize the
importance of insuring all their travelers
employers!
• International package or local ...
• Making sure the company provides the right
insurance cover is vitally important on the host
location, if possible, or to...
• Vaccinations
• Insect-Borne Illnesses
• Food and Water-Borne Illnesses
• HIV and Other Sexually
Transmitted Diseases (ST...
• Life and Disability Insurance: Make sure
coverage is valid in the assignment country.
• Kidnap and Ransom Insurance
• Bu...
• Define a protocol for assigning “critical” status
to disaster or crisis situations. It is important
that companies have ...
• Ensure that employee emergency contact
numbers, as well as home and office phone
numbers, are on record with the home of...
• Integrate your employee back into the
company or send to another assignment!
– Losing supplements and allowances
– Reint...
Risks of Working in a Foreign Country
Frequently Cited Risks:
• Carjacking
• Assault
• Robbery
• Extortion
• Residential I...
Littler Global Employer Latin America Conference 2015   Health and Safety Risks for Your Traveling Employees
Littler Global Employer Latin America Conference 2015   Health and Safety Risks for Your Traveling Employees
Littler Global Employer Latin America Conference 2015   Health and Safety Risks for Your Traveling Employees
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Littler Global Employer Latin America Conference 2015 Health and Safety Risks for Your Traveling Employees

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This presentation discussed the duty of care concept as applied to employee travel and issues an employer should consider in preparing for potential issues.

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Littler Global Employer Latin America Conference 2015 Health and Safety Risks for Your Traveling Employees

  1. 1. Presentation Title Health and Safety Risks for Your Traveling Employees: What Steps Can Employers Take to Protect Employees Working Overseas and Mitigate the Risks?
  2. 2. Presented by: Michael P. Royal Shareholder Littler Dallas Office 214.880.8167 | mroyal@littler.com Ben Huggett Shareholder Littler Philadelphia Office 267.402.3035 | tbhuggett@littler.com Peter Martin Group President & CEO AFIMAC Global 800.554.4622 | pmartin@afimacglobal.com
  3. 3. Presented by: Emma Neher Shareholder Littler Venezuela Office 216.610.5464 | eneher@littler.com Jaime Solis Canjura Partner Littler San Salvador Office 503.2296.9500 | jsolis@littler.com Frances Phillips Taft Associate General Counsel GE Infrastructure, GE Oil & Gas +39 055 423 3387 | frances.phillipstaft@ge.com
  4. 4. • What countries or regions currently are considered “hotspots” and why; • Advice on putting together a plan to safely send employees on dangerous assignments; • Strategies and advice on what measures the company needs to address and what type of payments/benefits must be granted in different cases for different countries; • Insight on how to successfully draft an international letter for a risky assignment; • Key steps: before, during and after your employees’ dangerous assignments. Summary of Presentation 5
  5. 5. • Countries where war, civil insurrection, or terrorism exists and presents physical harm or imminent danger to the health or well-being of an employee. • Widespread, uncontrolled violence or disease. • Lack of infrastructure (limited availability of basic goods and medications, for example). • Lack of family support services, such as schools, health care, etc. • Extreme physical conditions (sub-freezing temperatures, remote locations, etc.) What Can Be Considered a “Hot Spot?” 6
  6. 6. Duty of Care Concept: It is a moral and ethical issue, part of the company’s social responsibility effort. Employment relationship includes an obligation of care of the employees: 1. Health 2. Safety 3. Security “Duty of Reasonable Care” 7
  7. 7. Duty of Care Legislation: Many Western Countries have developed legislation, and there is substantial case law on this issue. USA The OSHA general duty of care provision provides: Each employer . . . Shall furnish to each of his employees: “employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.” “Duty of Reasonable Care” 8
  8. 8. Four elements are necessary to establish a breach of an employer’s duty of care: • A hazard existed in the workplace; • The hazard was recognized; • The hazard was causing or likely to cause death or serious injury to employees; and • There were feasible steps the employer could have taken to abate the condition. “Duty of Reasonable Care” 9
  9. 9. Your employee! An asset that may become a liability! What can happen: • Injury or death of employee or family member • Litigation • Loss of corporation reputation What to do? Develop a serious strategy to manage and avoid any risks for your employees! “Your Most Valuable Asset” 10
  10. 10. • What Companies must do? – Select an adequate assignee to face a challenging assignment – Structure the assignment: rotational – Early planning of the assignment – Prepare a specific policy – Training with company’s corporate security department or international security risk company plus cultural training The Strategic Plan 11
  11. 11. • What Companies must do? – Carefully draft an international letter for a risky assignment. – Pay assignee accordingly to the danger he or she will fact. – Secure good health insurance plus additional insurances. – Maintain close attention to the assignee in a dangerous spot – Have a contingency plan. The Strategic Plan (con’t.) 12
  12. 12. • If you have an assignee population, you should have an international assignment policy, but if you have people in risky locations, you must have a policy in place. • Why? – Creates a basic road map for everyone – It helps to define the particular situation of those assignees and define exceptions on payments and benefits – Ensures that important steps are not forgotten or neglected Int’l. Assignment Policy 13
  13. 13. • Key Document! • Employee’s specifics about compensation, benefits and general conditions governing the expatriation • It is an international employment contract • Most important when it is to send an expat to a dangerous assignment Int’l. Assignment Letter 14
  14. 14. • Besides general information about the job itself you have: – Compensation items – Definition of benefits – Health Insurance – Other insurances Components of an Int’l. Assignment Letter 15
  15. 15. • Hardship Pay: Usually 10% to 25% of base salary, to compensate employees for extreme living conditions. • Danger Pay: Typically 15% to 25% of base salary, in addition to all other compensation. • Travel Benefits: Extra trips, or allowance to make trips for R&R (rest and relaxation) on a periodic basis, in a safe and secure location. Compensation 16
  16. 16. • Provide Security Briefing and Training: Ensure every assignee is informed about the security risks in-country, knows how to address them, knows where to go in an emergency and whom to call (in the company, and perhaps outside – security consultants as well) • Bodyguards (if required) • Legal Representation Abroad Benefits 17
  17. 17. • Secure Housing: Limitations on where assignees can live to eliminate situations that are particularly risky. Apartment complexes, gated communities or compounds may be appropriate. Armed guards and security systems are typical. • Kidnap/Emergency Response • Emergency Evacuation Procedures: Each assignee must understand the company’s procedure for evacuation, how it affects family members, etc., in the event of natural or man-made disaster, war or other catastrophe. More Benefits 18
  18. 18. • Better be safe than be sorry! • Protect your assignee, the financial health and moral of your company! – Health Insurances – Other Insurances Insurance 19
  19. 19. • Nowadays companies recognize the importance of insuring all their travelers employers! • International package or local insurance? • Go for an International Health Insurance! • But don’t forget to check local compulsory laws regarding insurance! What Kind of Insurance? 20
  20. 20. • Making sure the company provides the right insurance cover is vitally important on the host location, if possible, or to have the option of returning home for treatment or a nearby more developed country • Access to medical care and medication abroad (routine and emergency) • Medical crisis evacuation to home country or a near by country, if necessary Health Insurance 21
  21. 21. • Vaccinations • Insect-Borne Illnesses • Food and Water-Borne Illnesses • HIV and Other Sexually Transmitted Diseases (STDs) • Environmental Hazards – extreme temperatures • Traveling with Chronic Illnesses (brining necessary medication along) • Health and stress issues (Medical insurance) More Issues? 22
  22. 22. • Life and Disability Insurance: Make sure coverage is valid in the assignment country. • Kidnap and Ransom Insurance • Burglary and Other Household Effects Insurance • War Risk Insurance: Often needed in countries designated as war zones Other Insurances 23
  23. 23. • Define a protocol for assigning “critical” status to disaster or crisis situations. It is important that companies have informed local sources to ensure that their assessment of the situation is valid and current. • Formalize and communicate country or regional contact points and phone numbers. • Set up a procedure for the employee in the event of an emergency. Crisis Management 24
  24. 24. • Ensure that employee emergency contact numbers, as well as home and office phone numbers, are on record with the home office and the country contact person. • Conduct emergency evacuation briefings or updates upon assignment and at periodic points during assignments, particularly in areas of potential risk or conflicts • Plan for financial and travel contingencies. Crisis Management (con’t.) 25
  25. 25. • Integrate your employee back into the company or send to another assignment! – Losing supplements and allowances – Reintegration into domestic workforce and home country – Work experience not valued – leaving company • Trauma: If needed psychological assistance! Repatriation 26
  26. 26. Risks of Working in a Foreign Country Frequently Cited Risks: • Carjacking • Assault • Robbery • Extortion • Residential Invasion • Kidnapping Expatriate Risk Management: Analysis 27

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