Duty of Care

Duty of Care in the workplace is the moral and legal obligation of an employer to ensure the Psychological Health and Safety (PHS) of their employees. While historically focused on hard hats and fall protection, the definition has evolved to explicitly include the protection of an employee's psychological integrity. It’s the proactive requirement to maintain a work environment that does not cause or aggravate mental health harm.

CSA Z1003 & Duty of Care: Aligning with the National Standard

Under global standards like ISO 45003 and the National Standard of Canada (CSA Z1003), Duty of Care is framed through the lens of risk management. Organizations are expected to identify psychosocial hazards—elements of work design known to influence worker behaviour and cause stress or occupational burnout. Employers must take every precaution "reasonable in the circumstances" to protect workers.

Due Diligence: Why Duty of Care Matters for Leaders & HR

Gaps in this duty can lead to increased risks, such as workers' compensation claims, constructive dismissal lawsuits, and OHS fines. A robust PHS-IMS allows HR to move from reactive "crisis mode" to a proactive "prevention mode".

Leaders can exercise their Duty of Care by identifying occupational stressors and implementing Administrative Controls. However, when systemic issues arise, fulfilling this duty requires a Root Cause Analysis to identify the organizational failures that allow hazards to persist before burnout necessitates a Duty to Accommodate.

How to Address Duty of Care in Your Organization

Fulfilling the Duty of Care requires supervisors to understand that their management style is the primary vehicle through which the organization influences employee behaviour and fulfills its obligations. Training should focus on the mechanics of the Duty to Inquire about psychological stressors before they escalate.