In 2024, an aid worker was killed in South Sudan after her organization failed to brief her on a deteriorating security corridor. The internal review found the threat had appeared in local-language media 72 hours before the incident.
Duty of Care, the legal and ethical obligation to protect employees and contractors from foreseeable harm, is not optional for NGOs operating in challenging environments. Failure exposes organizations to lawsuits, staff attrition, and, worst of all, preventable casualties.
What is Duty of Care?
Duty of Care requires organizations to:
- Assess risks before deploying staff to new locations
- Inform staff about known hazards and security conditions
- Prepare staff with appropriate training and resources
- Monitor conditions during deployments
- Respond effectively to incidents and emergencies
- Support staff during and after challenging assignments
Legal Framework
Duty of Care obligations come from three main sources:
Common Law (UK, US, Commonwealth)
Employers have a common law duty to provide a safe working environment. This extends to overseas assignments and includes the obligation to inform employees of known risks.
Statutory Requirements
- UK: Health and Safety at Work Act 1974
- US: Occupational Safety and Health Act (OSHA)
- EU: Framework Directive 89/391/EEC
Contractual Obligations
Employment contracts and organizational policies may create additional Duty of Care obligations beyond statutory minimums.
💡 Key Legal Principle
Organizations can be held liable for harm that was foreseeable and preventable. This means both assessing risks before deployment AND monitoring conditions during assignments.
Duty of Care in Practice
1. Pre-Deployment Assessment
Before sending staff to any location:
- Review current security conditions and recent incidents
- Assess specific risks based on the role and activities planned
- Evaluate individual staff vulnerabilities (health, nationality, gender)
- Document the assessment and mitigation measures
2. Staff Briefings
All traveling staff should receive:
- Current security situation briefing
- Specific threat information relevant to their assignment
- Emergency procedures and contact information
- Health and medical considerations
- Cultural and legal briefings
3. Ongoing Monitoring
During deployments, organizations must:
- Monitor developing situations in real-time
- Communicate relevant updates to deployed staff
- Maintain regular check-in schedules
- Have protocols for escalating concerns
For a comprehensive framework covering all stages of travel risk management, see our complete Travel Risk Management guide. Organizations should also ensure their programs align with ISO 31030 compliance requirements.
✓ What Good Looks Like
A well-implemented Duty of Care program means staff receive daily briefings on local conditions, know who to contact in emergencies, and leadership can demonstrate they took reasonable steps to inform and protect their team.
Common Duty of Care Failures
Five patterns cause most Duty of Care failures:
- Relying on outdated information: Using travel advisories that haven't been updated in months
- Ignoring local sources: Missing threats that aren't covered by international media
- No monitoring during deployment: Staff are briefed before travel but not updated on changing conditions
- Inadequate documentation: Unable to demonstrate what risk assessments were conducted
- Language barriers: Missing critical local-language intelligence
Implementing a Duty of Care Program
Duty of Care Implementation Checklist
- Assign a security focal point responsible for travel risk management
- Create a travel approval process that includes risk assessment
- Establish pre-travel briefing procedures
- Set up real-time monitoring for regions of operation
- Implement check-in protocols for traveling staff
- Create incident response procedures and escalation paths
- Ensure staff have emergency contact information
- Document all risk assessments and decisions
- Review and update procedures quarterly
- Train leadership on their Duty of Care responsibilities
The Role of Real-Time Intelligence
Duty of Care without real-time intelligence is a liability. Static travel advisories go stale within days. Effective monitoring requires:
- Local sources: International news runs hours or days behind local developments
- Multiple languages: Critical information often appears only in local languages. Pashto, Tigrinya, Bahasa
- Continuous monitoring: Situations shift fast; daily briefings are the minimum standard
- Actionable format: Intelligence should tell staff what to do, not just describe what happened
Close the Intelligence Gap
Region Alert delivers daily briefings in 100+ languages so your team gets actionable intelligence on every region where they operate, replacing stale travel advisories with ground-truth monitoring.
Request a Free Sample ReportKey Takeaways
- Duty of Care is both a legal obligation and an ethical imperative
- Key elements: assess, inform, prepare, monitor, respond, support
- Organizations must demonstrate they took reasonable steps to protect staff
- Documentation is critical for demonstrating compliance
- Real-time intelligence is essential - outdated information is a liability
- Invest in local-language monitoring to catch threats early