http://intelligenttravel.com.au/

1. CHAPTER THREE
Occupational
Health &
Safety

2. 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

3. 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.
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4. 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

5. 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

6. 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

7. 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.
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8. 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.
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9. 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
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10. 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

11. 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