What is duty of care?
When you go to work, you expect to feel safe, respected and supported. This is the backbone of the concept of duty of care. It means ensuring people are protected from harm and treated fairly in the workplace.
In this article, we¡¯ll break down what duty of care means, who is responsible for it, why it matters and what can happen when it¡¯s not taken seriously. Understanding duty of care helps create a safer and more positive work environment.
What does duty of care mean?
Duty of care means acknowledging and actioning a legal and moral responsibility to keep others safe and well. In the workplace, this means doing everything reasonably possible to prevent harm. This could include removing safety hazards, supporting mental health and stepping in if someone is being bullied or mistreated.
?
It¡¯s not just about rules ¨C it¡¯s about caring for the people you work with. Simply put, duty of care means looking out for each other and helping to create a safe, respectful and healthy place to work for everyone.
Who is responsible for duty of care?
Duty of care is a shared responsibility. Employers must provide a safe, supportive environment and employees must follow safety rules and report issues. Organisations should create clear policies and training. Together, these stakeholders help maintain a workplace where everyone¡¯s health, safety and well-being are protected.
Do employers have a duty of care to employees?
Yes. Employers play a very important role in ensuring their workers feel safe, supported and respected while at work. They are responsible for creating a healthy and secure workplace where people can do their jobs without unnecessary risks.
This includes:
Providing a safe work environment that is free from hazards and dangers
Giving proper training and guidance so employees know how to work safely
Offering support for both physical and mental health
Making sure workers know how to report any problems, concerns or unsafe situations
Is duty of care a legal obligation?
In many countries, including Australia, duty of care is not just a good idea ¨C it¡¯s a legal requirement. Workplace health and safety laws often require employers to take reasonable steps to protect employees from harm. These laws may vary depending on where you are, but they generally include:
- Risk assessments
- Proper safety equipment and training
- Systems for reporting and dealing with hazards or incidents
If an employer fails to meet these legal duties, they could face serious consequences. This might include fines, legal claims or even criminal charges in extreme cases. Employees may also be entitled to compensation if they are hurt or suffer because their employer didn¡¯t take proper care.
Why duty of care is important?
Duty of care is vital to a well-functioning workplace.
- It keeps people safe: When employers and employees care for one another and work safely, the chances of accidents or injuries happening at work are much lower, creating a safer environment for everyone
- It builds trust: Employees are more likely to stay in their jobs when they feel safe, respected and supported by their employer and the overall work environment
- It boosts morale: People who feel supported and valued at work are usually happier, more motivated and more productive in their roles
- It protects the business: Fewer workplace accidents lead to fewer legal problems, reduced employee absences and help build a stronger, more positive reputation for the company
Simply put, duty of care means doing what¡¯s right ¨C making sure people are safe, healthy and supported at work. When employers, employees and organisations take this responsibility seriously, the workplace becomes a better place for everyone.
What is breaching duty of care?
A breach of duty of care happens when someone does not do their part to keep others safe and supported. This failure can cause someone else to be harmed, either physically or emotionally. In the workplace, a breach of duty of care can happen in many ways, such as:
- Neglecting to address known safety risks that could harm employees or create dangerous conditions in the workplace
- Failing to provide the necessary equipment or training to ensure employees can perform their tasks safely
- Failing to act when someone reports bullying or harassment in the workplace
- Ignoring signs that someone is struggling with their mental health and failing to offer support or assistance
When duty of care is not followed, the consequences can be serious. People might get hurt or feel unsafe. The business may also face legal trouble, lose money or suffer damage to its reputation. On top of that, employees may lose trust in their leaders, negatively affecting the workplace environment and team performance. Taking duty of care seriously helps prevent these issues, ensuring a safer and more supportive workplace for all.
Â鶹´«Ã½ provides HR software solutions to help you manage workforce policies, compliance and talent transitions seamlessly.