Duty of Care under Swiss Law

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Insurance policies should also consider the residence of the affected employee. Some organisations may mistakenly assume that the employee’s national health system can cover some of the needs that arise after an incident. This may not be the case where staff do not reside in a country with sufficient national health services to meet needs. This is an important point to consider when determining what level of insurance is required.

On the basis of these insights, the cinfo working group defines duty of prevention as: An employer’s duty to anticipate risks and act accordingly through the provision of guidelines to mitigate the likelihood and impact of these risks.

The key processes highlighted under duty of prevention within the Duty of Care Maturity Model matrix are:

Risk treatment

• The process to modify risk, which involves mitigating the likelihood and impact of identified risks.

Pre-departure measures for travellers

• Activities to be undertaken by an individual or employer prior to an individual’s travel, such as physical and mental health checks.

Insuring against risks

• An arrangement by which a company undertakes to provide a guarantee of compensation for specified loss, damage, illness, or death in return for payment of a specified premium.

3. Duty of monitoring “Even where employers have correctly instructed employees on compliance with certain rules they must ensure, through regular monitoring, that these rules are being followed. Employers 28 must intervene to correct inappropriate behaviour.”

Key informants agreed that strong monitoring mechanisms help organisations understand whether their safety and security risk management is effective in reducing risk and is capable of dealing with incidents. This is linked, however, very strongly with staff conduct and behaviour; especially compliance with safety and security rules.

This study interprets duty of monitoring to primarily entail putting in place measures to monitor compliance with safety and security risk management measures, for example through audits and incident information management. This monitoring is strengthened through documentation of key processes.

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Chavanne (2012), p. 13.

© cinfo 2018 – www.cinfo.ch – Duty of Care Maturity Model – cinfo in collaboration with EISF

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