Duty of Care

What is a duty of care?

Duty of Care has historically been associated with legal negligence, first appearing in the 1932 landmark case Donoghue v. Stevenson. Over the past century, however, the meaning of the term has expanded dramatically, affecting businesses of all sizes.??

By definition, Duty of Care is a legal obligation imposed on an organisation, requiring adherence to a standard of reasonable care and the prevention of acts that could foreseeably harm others.?

Duty of Care in the context of the contemporary workplace encompasses the protection of an employee's health, safety, security, and well-being far beyond the provision of necessary employee benefits and insurance. Whether at a remote site, in the office, on business travel, on an international assignment, or working from home, the Duty of Care obligations remain, and the absence of reasonable measures to prevent incidents may compromise an employee's health and safety and the performance of the organisation.

The consequences of disregarding your Duty of Care obligations

Historically, the primary concern of ignoring Duty of Care responsibilities has been legal ramifications. In a broader sense, the failure to protect employees has resulted in reputational damage, lost productivity, increased employee turnover, and overall cost.

As negligent cases dominate the headlines of global news networks, a global awareness of Duty of Care has emerged. Employees' growing concerns and expectations have been brought to the forefront, requesting more from their employers in terms of proactively protecting their health, safety, security, and well-being. Organisations that are seen as not being open to their employees' needs have also faced public repercussions.?

What an Employer Is Responsible For

Demonstrating your Duty of Care responsibilities should be central to your business practises if you employ people who work in a variety of environments.

Our specialists have outlined the primary responsibilities of employers in 2023, taking into consideration legal requirements that may vary by location, size, and industry.

Taking ownership of the concept of Duty of Care requires a solid grasp of the theory surrounding Duty of Care. Nonetheless, for Duty of Care to be implemented effectively and sustainably within an organisation, that organisation must take ownership of the concept. To accomplish this, they must consider their organization's unique requirements for a tailored application. These factors will assist in determining the scope of Duty of Care.

Know your organization's type (SME, MNC, NGO, etc.) - your human, tangible, and intangible assets, your global footprint, current and future developments/expansion projects, and the types of risks to which the organisation is exposed/may be exposed.

The resulting policies must be consistent with the corporate culture, which is comprised of attitudes, values, and practises. This will facilitate staff and senior management compliance, creating a cycle of acceptance and implementation.?

Find out which groups are represented: While it may seem obvious to include all employees in your coverage, you may want to consider whether or not your policies extend to interns, contractors, and digital nomads as well.?

Employees, direct managers, security managers, HR, international mobility, legal, purchasing, risk manager, insurance, and other internal stakeholders will inevitably be involved in Duty of Care considerations.?

Have the backing of your executive leadership: The importance and benefits of a robust Duty of Care policy must be communicated to the highest levels of management. To gain their support, they must comprehend the dangers of not having a policy in place, what other organisations in the same industry are doing, and how success will be measured.?

Understanding your employees' risks: Any workforce, no matter how large or small, is likely to be diverse. That diversity can result in varying risk profiles, which you should be aware of as an employer. Your employees should understand the intent and benefit of sharing their individualistic demographics, from health risks to pre-existing conditions or sexual orientation, and feel safe doing so through open communication methods, transparency, and trust. Furthermore, the risk profiles of your employees will change dramatically depending on where they work or travel and must be mitigated accordingly.?

Once you have a comprehensive understanding of your employees' risk profiles, offering the appropriate education and training is essential for empowering effective decision making. Whether through email, webinars, workshops, bulletins, or events, your employees should have multiple opportunities to learn how to mitigate risks most effectively and where to locate the necessary information. Additionally, they should be familiar with the organization's policies and how to raise questions and concerns.?

Duty of Care in times of crisis: While Duty of Care responsibilities should exist on a daily basis, they become even more critical during times of crisis. When time is of the essence, the immediate goal is to determine whether or not your people are in the affected area and whether or not they are safe. The importance of tracking and communicating with your employees is critical in a crisis response.

Due to the interdepartmental nature of the Duty of Care, the corporate policies and procedures governing it should be reviewed and updated on a regular basis in conjunction with the appropriate internal and external stakeholders. As your workforce, operations, and the global environment in which you conduct business evolve, so too must your Duty of Care framework.?

The outlook for the Duty of Care in the future

Employers will have to adapt their Duty of Care obligations in accordance with the changing nature of the risks faced by their workforce. It is essential to maintain coherence in risk prevention efforts in the face of rising pandemics, global security incidents, and economic pressures.?

Despite the possibility that the incidence rate and severity of these incidents will continue to climb, the fundamental duties associated with duty of care must still be fulfilled. The action taken by an organisation to shield its members from harm, be it physical or psychological, will continue to take precedence.

As more fluid work schedules, opportunities for employees to work from home, and improved benefits packages become the norm, it is likely that employee expectations will continue to rise. Following the period of widespread employee departures, efforts are being made to better understand the requirements of workers and to implement feedback mechanisms.

The most effective practises and suggestions

When establishing new operations in a location or sending employees abroad, it is especially important to conduct regular risk assessments.?

Maintain open lines of communication with your staff to increase morale and decrease anxiety.?

Get in touch with a service provider to ensure the health, safety, security, and well-being of your staff around the clock. They have a presence all over the world and the know-how to help your employees wherever they may be.

Make use of available tracking, monitoring, and information by investing in digital tools. In a time of crisis, an app can be used to locate and contact employees who are particularly at risk, as well as to provide them with access to up-to-date health and safety information.

Griffon Risk Management?Duty of Care services - If you would like to discuss how we can help you, please contact us:?[email protected]

Griffon Risk Management?- Comprehensive Reach, Bespoke Solutions - Enabling operations to continue as normal wherever you are - To know more about us visit our website >?https://griffonrm.com/?

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