One Good Example as To Why You Need to Consider Safety Legislation Differences Across Borders

Clients who seek our advice on whether they need support in different countries often make two common incorrect assumptions. Firstly, they assume that applying the UK (or any other home country) standard Health & Safety style Policies and Procedures globally would be sufficient. Secondly, they believe that all countries within the European Union follow the same safety laws. Unfortunately, both assumptions are false and can have several consequences if a single standard is applied to an international operation. 

This article does not aim to provide definitive answers. Instead, it serves as an example to demonstrate the fundamental differences even in something as straightforward as accident reporting. It highlights the complexity of ensuring safety compliance in various areas, offering insight into the challenges one may face. 

Accident reporting requirements vary between countries, and each nation has its own unique set of regulations and procedures. Let's explore the differences in health and safety accident reporting requirements in the UK, France, Italy, Germany, and Spain: 

1. United Kingdom (UK): In the UK, employers are legally obligated to report accidents and incidents in the workplace under the Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations 2013 (RIDDOR). The reporting threshold for work-related accidents is if it results in death or serious injury or requires the injured person to be absent from work for more than seven days as a result. 
2. France: In France, the Labor Code and the French Social Security Code govern the accident reporting requirements. Employers must report accidents resulting in workplace injuries, regardless of severity, to the French Social Security authorities. Additionally, accidents causing total or partial work disability exceeding 24 hours must be reported within 48 hours to the regional occupational health service. 
3. Italy: Italy has specific occupational health and safety laws, including Legislative Decree No. 81/08. Employers must report all workplace accidents resulting in a worker's death, permanent disability, or temporary disability exceeding three days. The report should be submitted to the National Institute for Insurance against Accidents at Work (INAIL). 
4. Germany: In Germany, the accident reporting requirements fall under the Occupational Health and Safety Act (Arbeitsschutzgesetz) and various state regulations. Employers must report accidents resulting in fatalities, severe injuries, or more than three days of absence from work to the responsible accident insurance institution (Berufsgenossenschaft). 
5. Spain: In Spain, accident reporting obligations are outlined in the Occupational Risk Prevention Law (Ley de Prevención de Riesgos Laborales). Employers must report any accidents causing injury or incapacitation, regardless of the severity. Incidents resulting in more than five days of absence or any fatalities must be reported to the competent authority within 24 hours. 

It's important to note that the reporting requirements mentioned here are a general overview and may not encompass all specific regulations and variations within each country. The actual reporting procedures, forms, and authorities involved may vary.  

Furthermore, it's worth highlighting that the European Union has also established harmonised reporting requirements through the European Occupational Safety and Health (OSH) Framework Directive. This directive sets out general obligations for employers to report accidents, incidents, and near misses at work. 

While the overall goal of health and safety accident reporting is to ensure the safety and well-being of workers, the specific requirements and procedures vary between countries.  

Understanding these differences is crucial for employers, employees, and regulatory authorities to ensure compliance with the applicable laws and promote a safe working environment. 

FAQ

Why is applying a single standard Health & Safety policy globally risky?

Applying a single standard globally is risky because different countries have varying safety laws and regulations. Assuming that one standard, such as the UK's, applies universally can lead to non-compliance and potential legal consequences.

How do accident reporting requirements differ between countries in Europe?

Accident reporting requirements vary significantly between European countries. For instance, in the UK, accidents resulting in death or serious injury must be reported under RIDDOR, while in France, all workplace injuries must be reported to the Social Security authorities. Each nation has its own unique set of regulations and procedures.

What are the consequences of not understanding these differences in Health & Safety regulations?

Not understanding these differences can have severe consequences, including legal liabilities, fines, and compromised workplace safety. Employers must ensure compliance with each country's specific regulations to protect their employees and business interests.