duty of care policy

[norfolk n chance]

Please can someone help?

i am looking for a copy of the duty of care policy,
if someone could guide me to a link i would appreciate it

[justdeno]

Whats that? never heard of it

[brothermagrew]

Please can someone help?

i am looking for a copy of the duty of care policy,
if someone could guide me to a link i would appreciate it

Duty of care would normally be found in Royal Mail's existing health and safety policy.

The employer's duty of care in practice
All employers, whatever the size of the business, must:

make the workplace safe
prevent risks to health
ensure that plant and machinery is safe to use, and that safe working practices are set up and followed
make sure that all materials are handled, stored and used safely
provide adequate first aid facilities
tell you about any potential hazards from the work you do, chemicals and other substances used by the firm, and give you information, instructions, training and supervision as needed
set up emergency plans
make sure that ventilation, temperature, lighting, and toilet, washing and rest facilities all meet health, safety and welfare requirements
check that the right work equipment is provided and is properly used and regularly maintained
prevent or control exposure to substances that may damage your health
take precautions against the risks caused by flammable or explosive hazards, electrical equipment, noise and radiation
avoid potentially dangerous work involving manual handling and if it can't be avoided, take precautions to reduce the risk of injury
provide health supervision as needed
provide protective clothing or equipment free of charge if risks can't be removed or adequately controlled by any other means
ensure that the right warning signs are provided and looked after
report certain accidents, injuries, diseases and dangerous occurrences to either the Health and Safety Executive (HSE) or the local authority, depending on the type of business


The employer's duty of care to his employees is to act as a reasonable and prudent employer. He must keep reasonably abreast of developing knowledge and should not be too slow in its application. He must assess the risk of injury and the potential consequences, and he must balance against this the probable effectiveness of the precautions which can be
taken and their cost. If he is found to have fallen below the standard to be expected of a reasonable and prudent employer he is negligent. Conversely, if an employer has taken all reasonably practical measures which were appropriate at the time in question he should not be held to be negligent. This applies even if an employee has been harmed during the course of his employment. Nevertheless, it must be emphasised that the employer's duty of care is a very onerous one.

The employee must obey all reasonable instructions, must act safely, must not put others in danger by acts or neglect, and must co-operate with the employer in any health and safety matter.

If an employer fails in his duty of care towards any of his employees and they suffer injury or an occupational disease they are entitled to sue him for damages in compensation. In order to ensure that sufficient funds are available for such compensation, the Employers Liability (Compulsory Insurance) Act 1969 requires nearly all employers to take out an insurance
policy to cover their legal liability to their employees. There are a few exceptions to this rule [e.g. local authorities and nationalised industries]. If an employee brings an action against his employer founded in negligence he must prove:

- that his employer owed him a duty of care;
- that his employer broke that duty; and
- as a direct result, this negligence caused the employee's injury or occupational disease.

The burden of proof lies with the employee.

If a person suffers damage partly because of his own fault and partly because of the fault of others, then the damages recoverable are reduced. The extent of the reduction depends on what the court thinks just and equitable, having regard for the claimant's share in the responsibility for the damage.

[norfolk n chance]

Thank you