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Emplyer Duty of Care

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EMPLOYER'S DUTY OF CARE
KATHRYN J. STAPLES
DR. BONEITA CAMPBELL
LAW, ETHICS, AND CORPORATE GOVERNANCE
7 AUGUST 2011

EMPLOYER'S DUTY OF CARE In the video, the employer's duty of care is called into question. But to analyze the video, employer's duty of care must first be defined. "An employer has a duty to ensure, as far as reasonably practicable, that workers and others are not exposed to risks to health or safety arising from the conduct of the employer's business. An employer must carry out the general statutory duty of care by proceeding, in a systematic way, to: identify hazards; identify, and assess the seriousness of, risks resulting from the hazards; and determine appropriate risk management measures." (Legislation, 2008) With this is mind, does Herman have an employer’s duty of care in regards to Jake's injury and his overtime? Explain whether Jake’s actions are in or out of “his scope of employment.” Jake's actions are within his scope of employment. Jake was hired and promoted as a certified automobile mechanic and even though Herman directs him to just change the oil, Jake owes it to his certifications to do the best possible job since he has standards to comply with based on certification requirements. These standards includes checking the brakes, tires and transmission. He is doing a thorough job and making sure the vehicle is safe to drive. By being so thorough, Jake is meeting the expectation of standards from a certified automobile mechanic. Customers expect that level of service because Jake is certified and for Herman to tell him to do just a mediocre job is not allowing Jake to meet the level of standards he is required to uphold by virtue of his certifications. Explain whether or not Herman is responsible for Jake’s injury. "An employer has a duty to take all reasonably practicable measures to ensure that the

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