Duty of care
This article explains what duty of care is, how it applies to employers, employees and self-employed people, and what can happen if you don’t take responsibility for it.
What is duty of care?
Duty of care describes the legal obligation to protect others from harm.
Who has a duty of care?
Most of us have a duty of care towards others. For example if you are a medical professional, operate a business, work in education such as schools or universities, work in a council responsible for land and premises, or you are simply a road user; you have a legal responsibility to protect those who your actions may affect.
If duty of care is breached this can lead to negligence claims and a claim for compensation.
Duty of care in the workplace
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Employers
Employers must do all they reasonably can to protect workers’ health, safety and wellbeing at work. They must control health and safety risks to stop workers getting hurt at work or ill through work.
This covers a range of responsibilities including providing a safe working environment, undertaking risk assessments and acting on any findings, protecting workers from discrimination, bullying and work-related stress, to legal and financial obligations such as having employers liability insurance.
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Employees
Employees have a duty of care to themselves and to each other. Although employers have responsibility for health and safety workers must help.
Workers must follow training, take care of their own health and safety and that of others who may be affected by their actions at work, and they must co-operate with employers and co-workers to help everyone meet their legal requirements. Workers must also tell someone if there is a health and safety issue which may put someone at serious risk.
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Self-employed
Self-employed people have a duty of care towards themselves and others if they employ anyone (even temporarily on a short term contract), the work activity poses a potential health and safety risk e.g. using equipment or chemicals which could harm someone, or if they undertake high risk activities (construction, agriculture, operating a railway, operating with gas, work with asbestos or genetically modified organisms).
Read more
FOR EMPLOYERS:
How to improve health & safety in your organisation
FOR EMPLOYEES and EMPLOYERS:
Who is liable to protect lone workers?
FOR CONTRACTORS AND EMPLOYERS:
The law
Both criminal (health and safety law) and civil law (tort law in England, Wales and Northern Ireland, delict law in Scotland) apply to workplace health and safety.
TAKE NOTE! No one has to have been harmed for an offence to be committed under the Health and Safety at Work etc. Act 1974, there only has to be a risk of harm.
What you actually do to manage and control risk in the workplace is important. Paperwork alone does not prove that you’re complying with the law.
READ MORE: Health and Safety legislation
What can happen?
If an employer fails in their duty of care it could result in a breach of contract claim, a constructive dismissal claim or an accident at work claim from an employee requiring compensation to be paid. The employer may also face fines or imprisonment.
Health and safety law is mostly enforced by the Health and Safety Executive (HSE) or the local authority. Who is allocated depends on the type of workplace and the main activity carried out at the premises.
If an employee breaches their duty of care this could lead to professional disciplinary action and dismissal.
Summary
Duty of care is a fundamental concern for everyone. Employers and employees must take the safety, security and welfare of themselves and their co-workers seriously.
Remember prevention and compliance is easier than what happens if you breach the law.