For us, duty of care isn't a legal standard, it's our 1st measure of being a good teammate, creating a great place to work and instilling habits that translate to great customer care.
Legal definitions aside
Generally, employers have a legal duty to take reasonable care for the health and safety of their employees and their customers. If that duty is breached, they can be found liable to compensate for injury and loss caused by that failure. Employers often discharge this duty by eliminating or reducing risks. Avoid reputational risk
A reasonable employer will, consistent with its duty to take reasonable care for the safety of its employees, ensure it closely monitors advice from government, industry bodies and relevant experts, using such advice to inform the risk assessment and necessary steps to keep employees safe. Employers are often left to enhance their existing standard operating procedures (SOPs) to integrate government guidance and recommendations regarding health and safety of their work environments. In this regard, Employers are most vulnerable in discharging their duty of care.
To establish liability, an employee must not only prove breach of duty, but also that the breach made a material contribution to the injury sustained. However, an employer which is able to prove it has kept abreast of government advice and, more importantly, can prove it has interpreted and applied that general advice carefully, having regard to the particular characteristics of its business and workforce, should be well-placed to defend claims brought against it.
As individuals begin to file claims and sue companies for wrongful death and other health-related issues stemming from the Coronavirus, corporate “Duty of Care” responsibilities will be required to be addressed by the counsel and legal departments of small businesses, and large corporations in practically every industry, and even by local municipalities and government agencies.
Making the right way the easy way
WorkMerk’s VirusSAFE Pro app can be a powerful technology solution in Litigation Mitigation.
Verification in the form of a validated and auditable digital record that proper precautions and reasonable preventative measures were taken and that all stated policies were adhered to, provides powerful proof of corporate responsibility and Duty of Care in the event of litigation.
WorkMerk's mobile technology provides workplace checklists and task reminders that help personnel perform health and safety compliance measures on schedule, including instant reporting of potentially hazardous situations, documented, with timed date stamp, with accompanying photo if necessary.
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