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"Duty-of-Care Checklist

July 2005

Editors note: with some irony this article was written last month before the atrocities in London and over the weekend in Egypt. This list will be of use even if you do not have a duty of care, but have family, friend or colleagues involved in a serious incident.

Below we present a summary of things to consider when dealing with any unexpected fatality, be it a member of staff, customer or anyone else you may have a legal duty of care for. This is based on our own first-hand experience of dealing with a number of these tragic events.

Factual Information

Establish who, what, where, when and if possible why? (Any media involvement will provide plenty of speculation as to the why). Establish what emergency services and other official response has been mobilised. Develop a point of contact with the authorities.

Consider sending professional investigators and/or legal representation depending on the incident.

Action

Confirm any Next of Kin (NOK) information you have. You should gather NOK information in advance. Liaise with the police: re the death notification.

If NOK wish to travel to the scene, transport should be arranged, along with food and subsistence. Worry about the costs later.

  • Consider whether to send a member of staff and specialist trained support with those travelling to the scene.
  • Ensure anyone who witnessed the incident is offered specialist support.

  • Send a director/senior manager to represent your company.

  • If an overseas based incident - Consider the customers and family in resort
  • Ensure family members at home have 24 hour contact numbers to call a company representative if needed.
  • Ensure the family overseas have a means to communicate. If not consider providing them with a phone card or perhaps a mobile phone.
  • Offer alternative accommodation if the "incident" has occurred where they are currently staying.
  • Provide any food and subsistence so this is one less thing for them to worry about.
  • Ensure the party are made fully aware, sensitively of procedures locally e.g. mortuary, undertakers, autopsy, certification, repatriation of the body back home etc. It is useful to have trained people assisting with this.
  • Establish if family back home require specialist support.
  • Ensure any staff dealing with the incident are offered specialist support during and after the event.
  • Establish whether there are any special religious needs to be considered.
  • Consider return travel arrangements sensitively.


Follow-up care
  • Keep everyone informed.
  • Offer to return family members to the scene of incident. following an appropriate time.
  • Ongoing specialist support to the staff involved.
  • Consider memorial issues.
  • Consider anniversaries.
  • Consider refund of any holiday costs.
  • Consider how to return any personal effects.
For any specialist support and advice contact us at info@docleaf.com

 

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The articles which appear on this web site are written and/or edited by Dr. David Perl, Chief Executive of docleaf®, unless otherwise mentioned. Articles are copyrighted to docleaf®. Permission to reprint will usually be granted for no charge. Write to info@docleaf.com. The articles represent the opinions of the authors and all information is provided "as is" without warranty of any kind.

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