Death/severeinjury outside UK

Dale Collins - Bond Pearce LLP
Online advisor - 9 posts

Hi Mike
As you are no doubt aware, a company may be prosecuted under the Health and Safety at Work Act 1974, for breaches of the general duties imposed on employers under sections 2 and 3 of the Act. If convicted there could be a significant fine.

The Act does not have extra-territorial application - thus the company could only face liability if the breach of relevant duty took place in Great Britain. However, it does extend to certain premises and activities in the territorial sea adjacent to Great Britain and to areas designated under the Continental Shelf Act 1964. Thus, the company could still be liable for an offshore incident. The most obvious example is where there is a failure in Great Britain to properly assess the risks associated with the offshore activity and a failure to take reasonably practicable steps to minimise the risk. This, in the circumstances arising in the question, would include the usual requirements to check the competence of the third party provider etc. If the failure to do so led to the injury/death, the company should expect to be found liable.
So far as the potential for corporate manslaughter is concerned, post 6 April 2008, the 2007 Act applies where the harm resulting in death occurs in the UK, in UK territorial waters, on a British ship, aircraft or hovercraft, or on an oil rig or other offshore installation.

In short, the answer to the question is that there is a responsibility/link back to the company under both H&S legislation and Corporate Manslaughter legislation should an employee be injured or killed during a company organised activity arranged by a third party with an offshore venue.

Please contact me if you require greater detail
Dale Collins 0845 4156666