Duty of Care in France: Travel Risk Management Strategies for Organisations

In today’s global business environment, organisations have a fundamental responsibility to protect their employees, students, and travellers when operating in foreign countries. This obligation, known as Duty of Care, ensures that employers, universities, and NGOs take appropriate measures to safeguard those under their supervision from harm, particularly when they travel for work or study.

In France, this concept extends beyond general workplace safety and is legally reinforced by the Devoir de Vigilance law. This regulation mandates that companies implement risk management procedures to protect employees and affiliates, particularly in high-risk environments.

Understanding and implementing Duty of Care compliance is critical for any organisation that sends personnel abroad, especially to high-risk destinations. In this article, we explore the legal framework of Duty of Care in France, key responsibilities, global comparisons, and effective travel risk management strategies.

Duty of Care Legislation & Requirements in France

Duty of Care Legislation

France has taken a proactive approach in formalising Duty of Care regulations, particularly through the Devoir de Vigilance law. Enacted in 2017, this specific law applies to large French companies and multinational organisations operating in France, requiring them to identify and mitigate risks that could harm employees, supply chain workers, or external stakeholders.

The French Labour Code also outlines strict occupational health and safety requirements, mandating that employers conduct risk assessments and implement appropriate preventive measures to ensure workplace safety. Failure to adhere to these regulations can result in financial penalties and reputational damage.

Duty of Care Requirements

Under French law, organisations must:

• Conduct Duty of Care risk assessments to evaluate potential hazards in the workplace and during travel. These assessments should identify physical, health, political, and environmental risks in specific regions and tailor mitigation strategies accordingly.
  
• Implement real-time safety alerts and emergency communication systems for employees abroad. This includes GPS tracking, mobile-based safety notifications, and direct access to crisis management teams for immediate assistance.
  
• Provide comprehensive travel safety alerts and security training tailored to specific destinations. Employees should be equipped with situational awareness training, local legal and cultural guidance, and emergency protocols before travelling.
  
• Ensure strict compliance with corporate Duty of Care policies, aligning with international risk management best practices. Organisations should regularly update their policies based on evolving global threats and integrate technology-driven solutions, such as AI-based risk forecasting and automated incident reporting, to maintain the highest level of safety standards.

Key Duty of Care Responsibilities in France

Responsibilities in the Workplace

Employers operating in France must take proactive steps to protect their workforce. Duty of Care in the workplace includes:

• Overseeing occupational health and safety protocols.
• Providing regular risk assessment training.
• Ensuring that employees have access to security resources, such as real-time safety alerts.
• Developing emergency response plans for incidents like terrorist attacks, natural disasters, or civil unrest.

Additionally, French employers must provide adequate medical support, insurance coverage, and crisis intervention programs.

Duty of Care in Higher Education

Universities and academic institutions have a Duty of Care responsibility towards students, faculty, and researchers travelling for academic purposes. Case studies have shown that institutions with clear risk management policies significantly reduce safety incidents. Universities should implement:

• Pre-departure training for students studying abroad.
• A travel risk management plan that includes crisis response teams.
• Secure accommodation arrangements for students in high-risk regions.

Duty of Care in Different Work Environments

Different industries in France have varying Duty of Care responsibilities depending on operational risk levels. Adapting Duty of Care policies to specific work environments ensures employee well-being and operational efficiency. For instance:

• Manufacturing & Construction: Employers must ensure compliance with occupational safety laws and protect workers from machinery-related injuries.
  
• Healthcare & NGOs: Organisations must establish robust travel safety alerts for medical personnel deployed in conflict zones.
  
• Corporate Sectors: Multinational firms must ensure seamless security protocols for executives travelling on business.

Duty of Care Regulations Around the World

While France has strong laws, regulations vary globally. Understanding these global Duty of Care standards can help French companies align their compliance strategies with international best practices. Below are brief comparisons:

• Duty of Care in the US: Employers must comply with the Occupational Safety and Health Act (OSHA), ensuring safe working conditions.

• Duty of Care in Germany: German laws emphasise employer responsibility for employee mental and physical well-being, particularly in travel-intensive industries.

• Duty of Care in The Netherlands: Dutch companies must implement proactive risk assessments for international employees.

High-Risk Travel Destinations for French-Based Organisations

For organisations sending employees abroad, some destinations require heightened travel risk management strategies. Before deployment, companies must conduct Duty of Care risk assessments and equip personnel with emergency communication protocols and response strategies. French companies with global operations must pay special attention to:

• Middle East & North Africa: Political instability and security concerns necessitate rigorous real-time safety alerts.
  
• Sub-Saharan Africa: High-risk areas for health concerns, requiring medical evacuation planning.
  
• South America: Crime and kidnapping risks, especially for executives and NGO workers.
  
• Asia-Pacific: Natural disaster preparedness and cyber threat awareness.

Travel Risk Management Strategies

To ensure effective Duty of Care for employers, Head of Safety & Risk Managers should implement:

Comprehensive Pre-Travel Risk Assessments

• Evaluate political stability, health risks, security conditions, and logistical challenges at the destination.
• Conduct background checks on local service providers, transportation options, and accommodation facilities.
• Develop security guidelines based on threat level assessments, including emergency protocols tailored to specific regions.
• Assess the availability and reliability of medical infrastructure in case of emergencies, ensuring access to hospitals and clinics that meet international standards.
  

Real-Time Safety Alerts & Monitoring

• Provide travel safety alerts via mobile applications and satellite communication devices for immediate risk updates.
• Implement GPS tracking for employees travelling in high-risk zones, ensuring their movements are monitored for safety.
• Establish direct lines of communication with local embassies, security firms, and crisis response teams to receive verified intelligence updates.
• Introduce automated escalation procedures to immediately notify response teams in case of an emergency.
  

Employee Training & Crisis Preparedness

• Offer Duty of Care compliance training, including region-specific safety briefings, personal security tactics, and emergency evacuation drills.
• Conduct crisis simulation exercises to ensure employees and risk managers are familiar with response protocols in situations such as political unrest, natural disasters, or criminal threats.
• Equip employees with a security toolkit, including emergency contacts, travel insurance details, and a checklist of essential survival items.
• Provide cultural awareness training to help employees navigate social and legal expectations in foreign environments, reducing the risk of accidental legal violations or cultural misunderstandings.
  

Emergency Response & Medical Assistance

• Partner with security firms to provide 24/7 emergency response services, including rapid intervention teams and crisis management specialists.
• Ensure access to medical evacuation plans, local healthcare networks, and multilingual medical assistance in case of serious injury or illness.
• Develop contingency plans for prolonged crises, including alternative housing arrangements, backup transportation, and remote working strategies if travel becomes unsafe.
• Implement a post-incident support system to provide counselling and debriefing for employees who have experienced high-stress security situations.

Enhancing Your Duty of Care

As global operations continue to expand, Duty of Care remains a fundamental responsibility for businesses, NGOs, and academic institutions. French organisations, in particular, must align with Devoir de Vigilance laws and establish robust travel risk management frameworks to ensure compliance and security.

Securewest International, a leader in maritime security and travel risk management, offers tailored Duty of Care solutions to help organisations meet their legal and ethical obligations. By leveraging real-time safety alerts, risk assessments, and crisis response services, Securewest empowers businesses to navigate global risks confidently.

For expert guidance on Duty of Care compliance, contact us and take the next step in protecting your workforce today.