Duty of care and sending employees overseas: How much do organizations need to care?

Source: First Reference Blog
Author: John Proctor
Date: May 17, 2011
 
More and more organizations are asking the question: “What are the responsibilities associated with managing a travelling workforce?” This question has been increasingly relevant as of late, with a number of Canadian companies taking notice of the recent events in Egypt, Libya, and Japan. - John Proctor
 
In Canada, a “reasonable standard of duty of care” was established in the Canadian Criminal Code in 2004. In simplified terms, it institutes a legal duty for all persons “directing the work of others” to take reasonable steps to ensure the safety of workers and the public.

In 2009 the Canadian Department of Justice examined the legal requirement to provide training for employees travelling to high risk destinations. The summary of that review found that:

  • Employers should take reasonable steps to warn employees of the risks
  • Liability exists if the risk to the worker is increased by the omission of something the organization should have done
  • Liability can be triggered by failure to provide or make available the appropriate training required to detect, avoid or survive situations
     

More >>