What does it mean for an organization to breach their duty of care, and how does the concept of negligence factor in? Review these examples to understand your responsibility.
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June 27, 2024 INSIDE THIS ARTICLE, YOU'LL FIND: |
In today's business landscape, ensuring the safety and well-being of employees both a moral and legal obligation. Central to this responsibility is the concept of "duty of care": a fundamental principle that requires employers to take all reasonable steps to prevent harm to their employees.
When an organization or company fails to uphold this duty and an employee is harmed or injured, they are in breach of their duty of care. This can open the organization up to claims of negligence. Understanding the intricacies of duty of care and the implications of negligence is crucial for businesses aiming to maintain a safe and compliant workplace.
Understanding Duty of Care for Employers
Duty of care is the legal obligation that employers must ensure the safety and well-being of their employees while they are at work. This includes providing a safe working environment, proper training, and the necessary tools and equipment to perform their tasks safely. Additionally, employers must anticipate potential hazards and take preventive measures to minimize risks, creating a secure and supportive workplace.
Employer responsibilities extend beyond the traditional office space, encompassing situations where employees travel for work. During business trips, employers must ensure that employees are adequately prepared and supported, considering factors such as safe accommodations, reliable transportation, and clear emergency procedures. Adherence to travel risk management standards, such as ISO 31030, is increasingly expected of all organizations. Even routine travel is not immune from accidents, illness, and other emergencies and risks.
People’s expectations regarding safety, travel, and the role employers play are changing as well: In a recent SAP Concur survey, 58% of respondents said they have changed their travel arrangements because they felt unsafe. Additionally, 52% cited travel safety as the most valuable training their company could provide.
By proactively addressing these concerns, employers can more effectively fulfill their duty of care, safeguarding their employees’ health and safety in the workplace and on the road.
Breach of Duty of Care: What It Means
A breach of duty of care occurs when an employer fails to meet their obligations to ensure employee safety. This can happen in various ways, such as neglecting to provide proper training, ignoring workplace hazards, or failing to offer adequate support during business travel.
For instance, if an employer sends an employee on a business trip without ensuring safe accommodation or clear travel guidelines, and the employee is harmed as a result, this could be considered a breach of duty of care.
There is no guarantee of complete and total safety, during work travel or otherwise, and organizations cannot be expected to prevent all forms of risk. But if these organizations don’t do their part to minimize or protect their personnel from those risks, that’s where a breach of duty of care comes into play.
The consequences of such breaches can be severe, both legally and ethically. Employers may face lawsuits, financial penalties, and damage to their reputation. Moreover, a breach can result in decreased employee morale and trust, which can impact overall productivity and workplace harmony. Therefore, it's essential for businesses to uphold their duty of care to prevent any breaches and ensure a safe, supportive environment for all employees.
Examples of hazards to duty of care
Potential hazards that can lead to injuring or endangering employees could include:
Workplace hazards
- Unsafe machinery and equipment
- Poorly maintained tools and workspaces
- Slip, trip, and fall hazards (e.g., wet floors, loose cables)
- Inadequate lighting or ventilation
- Exposure to harmful substances or chemicals
- Noise levels exceeding safe limits
- Improperly designed workstations
- Workplace stress and excessive workload
- Harassment and bullying
- Lack of support and communication
- Exposure to infectious diseases or biohazardous materials
- Unsanitary working conditions
- Faulty wiring or electrical equipment
- Inadequate fire safety measures (e.g., fire extinguishers, alarms)
Travel-related hazards
- Unsafe accommodations
- Lack of access to medical facilities or emergency services
- Exposure to diseases or health risks specific to travel destinations
- Travel to high-risk areas with instability or high crime rates without proper security measures
- Lack of personal safety measures and emergency plans
- Insufficient travel insurance coverage
- Inadequate travel planning and itinerary management
- Poor communication and support during travel
- Lack of emergency response plans
By identifying and addressing these potential hazards, employers can significantly improve their duty of care and ensure a safer and healthier environment for their employees.
Understanding Negligence of Duty of Care
Negligence is the legal term used to describe a situation where an employer's breach of duty of care results in harm or injury to an employee. It is the failure to take reasonable steps to prevent foreseeable harm. For instance, if an employer is aware of a hazardous condition in the workplace but fails to address it, and an employee is subsequently injured, this scenario exemplifies negligence.
There are a number of high-profile duty of care-related lawsuits that demonstrate how negligence on the part of an organization can have harmful effects and leave the company liable. In Palfrey V. Ark Offshore Ltd., an employee of Ark Offshore Ltd. died from malaria while on assignment in West Africa. Although the company advised the employee to seek medical advice for the trip, they failed to ensure necessary vaccinations and medications were available. The employee’s widow sued the company, and the court ruled in her favor, stating the employer breached their duty of care by not providing critical health information and resources for the region.
Negligence of Duty of Care in Action
To better understand the various ways in which an employer can be negligent in their duty of care responsibilities, consider these two hypothetical scenarios as examples:
Workplace Negligence Example
Scenario: At a manufacturing plant, employees are required to operate heavy machinery. The employer, aware that the safety equipment is outdated and that several machines have faulty emergency stop buttons, decides to delay maintenance to cut costs. An employee, while operating a machine, encounters a malfunction and tries to use the emergency stop button, which fails. As a result, the employee suffers a severe injury.
Analysis: In this situation, the employer's negligence is evident in the failure to maintain and update safety equipment and machinery. By not addressing known hazards, the employer breached their duty of care, directly leading to the employee’s injury. This breach could result in significant legal consequences and highlight the importance of regular maintenance and safety checks.
Negligence During Travel Example
Scenario: An employee is sent abroad to negotiate a contract with a key client. The employer fails to provide intelligence, support, or training to the employee. During the trip, the employee passes through an unsafe area, and is assaulted and robbed while traveling to a meeting – as the employer had not provided guidance on safe transportation options or areas to avoid.
Analysis: Here, the employer's negligence lies in failing to ensure the employee’s safety during the business trip. By not conducting a proper risk assessment or providing essential safety information, the employer breached their duty of care. This lack of preparation and support directly contributed to the employee's harm, demonstrating the necessity of thorough planning and risk management for employees traveling abroad.
These examples illustrate how negligence in fulfilling duty of care can occur both in the workplace and during business travel, emphasizing the critical need for employers to proactively address safety and risk management to protect their employees.
Understanding and effectively managing duty of care hazards—both in the workplace and during travel—is paramount for employers to uphold their legal and ethical responsibilities, fostering a secure environment where employees can thrive safely and confidently. By addressing these hazards proactively, businesses not only mitigate risks but also demonstrate a commitment to protecting their most valuable asset: their people.
Need help understanding and upholding your duty of care for employees and travelers? A provider like Global Guardian offers comprehensive solutions, from risk assessment and management to emergency response, ensuring your workforce remains safe and supported wherever they may be. Taking proactive steps today can safeguard your employees and enhance your organization's resilience in an unpredictable world.
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The Global Guardian team is standing by to support your duty of care and security requirements with a comprehensive suite of solutions. To learn more about our services, complete the form below or call us at + 1 (703) 566-9463.
