Duty of Care2016-10-18T03:19:25+00:00

DUTY OF CARE

A company’s obligation to conform to a certain standard of conduct for the protection of another against an unreasonable risk of harm.
The responsibility or the legal obligation of a person or organization to avoid acts or omissions (which can be reasonably foreseen) to be likely to cause harm to others.
In its broadest sense, Duty of Care is defined as a requirement that a person or organization acts toward others and the public with watchfulness, attention, caution and prudence in a manner that a reasonable person would in a similar circumstance.

RidecheK Registered and Certified Driver Program

Travel managers and professionals have for decades developed processes, procedures and due diligence methods for ensuring the most cost-effective, efficient, secure, and safe ground transportation options for the executives and employees at their corporations and firms. These managers established driver and vehicle requirements, standards were set to ensure reliability and familiarity to buyers and riders, and these requirements and standards were managed generally by fleet owners.

 

While many of these measures still exist, the introduction of TNCs (Transportation Network Companies) presented the industry many new challenges including the overall risks associated with allowing unregulated (or loosely-regulated) market entry to such disruptive business especially involving insurance, driver vetting, privacy and data security, corporate legal liability, reputational harm, and corporate responsibility. While there is a mad rush to meet demands on the road, driver/company relationships have also changed, and regulators are struggling to keep up. More importantly, the decision of Duty of Care (“a company’s obligation to conform to a standard of conduct for the protection of its employees again an unreasonable risk of harm”) has shifted from the provider and procurer to the rider/customer. 

 

To ensure that transportation service providers continue to emphasize and address the “Duty of Care” responsibility, RidecheK has developed the soon to be industry standard Registered and Certified Driver Program.  As part of this program, RidecheK has developed a set of audit standards for the chauffeured ground transportation industry as a method of providing better oversight to ensure ground transportation providers are fulfilling services that are compliant with these audit standards which emphasize Duty of Care.  

 

In response to the corporate business community’s heightened concern for Duty of Care issues, the RidecheK program provides two new levels of oversight: 1) Driver Registration and 2) Driver Certification. The Driver Registration and Certification Requirements ensure that registered and certified drivers have been vetted after meeting or exceeding audit standard requirements; these include an initial data capture registration/certification and an on-going data flow aggregation keeping information up to date at any given time. RidecheK puts its focus on managing the data and information associated with each Driver.

 

Additionally, RidecheK has created levels of recognition that allow for a differentiation in the marketplace for those ground transportation companies and drivers that desire to prove their compliance and/or demonstrate a commitment above and beyond the minimum requirement through an information audit, or detailed levels of data management that actively rate the driver’s performance and abilities, and his or her length of driving experience.

 

Driver Registration is a base line oversight product offering in which various driver credentials are validated against pre-existing governmental, regulatory, and private sources.

 

Driver Certification is an enhanced product offering that requires additional criteria to be met above and beyond the base line validations that occurs in the Driver Registration process to provide increased capabilities for those organizations with heightened concern about Duty of Care.  

 

The RidecheK Registered and Certified Driver Program interfaces with third-party ground management solutions such as SummitQwest’s SummitGround solution.  It also can be used by organizations independently, such as with the validation of specific car service companies in RFP processes, or for the establishment of minimum requirements for the organizations fleets and drivers.

 

Corporate responsibility…Duty of Care…RidecheK

Today’s global organizations have large numbers of employees working around the globe. Employees who travel both domestically and globally often find themselves in unfamiliar environments and situations, subject to increased risks and threats. In today’s global travel environment, this is particularly sensitive with regard to ground transportation services.

For corporations that have personnel traveling on behalf of their organizations, company leaders and directors overseeing a corporation’s business and affairs must make decisions relying on management information and support.  They have to provide and approve the use of the suppliers and services used by employees.

Duty of Care is a corporate obligation under Tort Law including intentional torts, negligence torts and strict liability torts. Duty of care is also a major workers compensation risk for companies if/when incidents occur.

In addition to an employer’s responsibility, there is a growing expectation of “Duty of Loyalty,” whereby ‘the duty of an employee is not to compete with the interest of the organization and to follow the employer’s Duty of Care policies and procedures.’

In a Duty of Loyalty culture, employees willingly cooperate with travel risk management guidelines even if these policies limit employee “privacy” in terms of the employer’s knowledge of their whereabouts.

Together, Duty of Care and Duty of Loyalty refer to a broad culture in which employers care about the health, safety, security and well-being of their traveling employees and develop and deploy appropriate travel risk management approaches (and approved vetted services) to protect them from possible harm when traveling and using multiple products and services on behalf of their company.