1.1. Explain what it means to have a duty of care in own work role

Unit 3 –Duty of Care in Care Settings

L.O 1 – Understand how duty of care contributes to safe practice

1.1. Explain what it means to have a duty of care in own work role

A duty of care is a legal obligation to take reasonable steps to protect others from harm. It exists in a variety of contexts, such as with parents and their children, employers and employees, and professionals such as doctors and nurses. In the context of work, it means an employer has a legal responsibility to ensure the safety of their employees while they are at work. This includes making sure the workplace is safe and free from hazards, providing adequate training and supervision, and ensuring workers are properly equipped for the tasks they are asked to perform.

In order for a duty of care to exist, a number of important elements must be present. There must be a relationship between the parties involved – this could be employer and employee, property owner and visitor, or another similar relationship. For someone to have a duty of care there must also be some vulnerability on the part of the person they are responsible for. For example, an employer has a duty of care to their employees while they are at work, but not on weekends or during holidays when the employees aren’t at work. There must also be some knowledge of that vulnerability – if there is no awareness that someone poses a risk to others then the duty of care doesn’t apply.

In the context of work, an employer has a legal responsibility to ensure the safety of their employees while they are at work. This includes making sure the workplace is safe and free from hazards, providing adequate training and supervision, and ensuring workers are properly equipped for the tasks they are asked to perform. The employer also has a duty of care to take further preventative steps for higher-risk jobs, such as ensuring a first aid kit is kept on hand and workers have been trained in CPR.

In cases of negligence – where an employer has breached their duty of care – the injured worker might have a number of options available to them. They can apply for workers’ compensation benefits or seek legal action through the courts. In some circumstances, a worker can seek both worker’s compensation and civil damages from their employer.

If you’re an employer, it’s important to know about your duty of care towards your employees – knowing where the line is drawn will help you avoid breaching this duty. If you don’t have the expertise or knowledge to assess work-related risks, it’s best to get advice from occupational health and safety professionals.

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