As an employer you have the main responsibility to provide, as far as reasonably practicable, a safe working environment for all workers, this is termed “Duty of Care” within the Workplace Health and Safety Act 2020 WA).
How do you as an employer, ensure the workplace that your employees work in, is a safe working environment?
If an incident was to occur, what evidence is in place to prove the workplace was safe and your duty of care obligations were in place?
If you are unsure how you can make your workplace a safe environment or want a health check of what you have implemented, contact us and we can assist.
The duty of care is the legal and ethical obligation to take reasonable steps to avoid causing foreseeable harm to another person or their property. If a breach of this obligation leads to a person being injured that person who had the responsibility of providing the duty of care may be held liable for the resulting injury or damage. The duty of care applies to many relationships, such as employers to employees, doctors to patients, and drivers to other road users.
Key Elements of a Duty of Care Breach
A breach of duty of care must include the following:
A Duty needs to be to be in place and warranted.
Breach of Duty: There must be clear evidence that the person or entity failed to take reasonable care, thereby breaching their legal obligation.
Causation: The breach of duty must have directly resulted in the harm or loss suffered by the claimant.
Who Owes a Duty of Care?
A duty of care can arise in various contexts and relationships:
- Employers: have a duty to protect their employees from harm.
- Doctors: owe a duty to their patients to provide appropriate medical care.
- Manufacturers: have a duty to consumers regarding the safety of their products.
- Road users: owe a duty to others on the road to drive safely.
- Businesses and property owners: have a duty to customers and visitors on their premises.
What Constitutes Foreseeable Harm?
The principle of duty of care entails taking reasonable steps to ensure that we do not cause harm that we could reasonably Anticipate potential damages arising from our actions or inactions, which encompass a wide range of consequences, including physical, mental, financial, and property harm.
Consequences of a Breach
Workers who are harmed and is found to be as a result of a PCBU to provide a safe workplace may be found to be negligent and liable for prosecution and held liable to compensate the injured party for their losses.
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