Duty of Care
Today, employers are required to comply with local and international laws surrounding duty of care. As an employer you have a responsibility to ensure that employee safety is not compromised through negligence. You will be required to demonstrate that steps have been taken to identify and assess all imaginable risks and negate those risks through a comprehensive risk management strategy.
TRAVEL IS AN OPERATIONAL RISK and developing a dedicated, fully mapped travel risk management strategy is extremely important in understanding and mitigating risks for both travelling employees and their employers.
For the employee, travel is precarious, because it places them in unfamiliar and/or disadvantageous environments. For the employer, should a traveller come to harm, they face potentially severe consequences both legally and financially, as well as to their reputation. What is more, risks are continuing to grow as companies increasingly globalise their operations.
A mature travel risk management programme will incorporate health and safety policy, traveller training and awareness, destination information, traveller tracking and medical/security support. In addition, employers must ensure employees conduct themselves responsibly and adhere to company policies.
In the UK there are three key pieces of legislation:
The Corporate Manslaughter Act, 2007
The Corporate Manslaughter and Corporate Homicide Act, 2007 is a landmark in law. For the first time, businesses can be found guilty of corporate manslaughter as a result of serious management failures resulting in a gross breach of a duty of care.
The Management of Health and Safety at Work, 1999
The Management of Health and Safety at Work Regulations generally make more explicit what employers are required to do to manage health and safety. Like the Health and Safety at Work Act, they apply to every work activity. It requires employers to carry out risk assessments, make arrangements to implement necessary arrangements, appoint competent people and arrange for appropriate information and training.
The Health and Safety at Work Act, 1974
This outlines the responsibilities that employers have towards employees and members of the public. It also outlines the responsibilities that employees have to themselves and to each other.
Please contact us for further information about duty of care or the laws that apply in your country.