Duty of care is the legal and ethical obligation an employer has to take reasonable steps to protect the health, safety, and well-being of employees while they are conducting business activities, including travel to domestic and international destinations.
Duty of care is the legal and ethical obligation employers have to protect employees' health, safety, and well-being during business activities, including corporate travel. Requirements vary by jurisdiction, but the core principle is consistent: employers must take reasonable steps to anticipate, prevent, and respond to risks their employees face while working.
In the U.S., OSHA's General Duty Clause (Section 5(a)(1) of the OSH Act) requires employers to maintain a workplace free from recognized hazards. Courts have extended this obligation to employees traveling for business [1].
The GBTA estimates that 87% of large companies have a formal travel risk management program, but only about half test those programs regularly with scenario exercises [2].
Navan provides real-time traveler location tracking and automated alerts, helping companies locate and communicate with employees during destination disruptions, natural disasters, or security incidents.
Duty of care requirements vary significantly by jurisdiction. European employers typically face more prescriptive obligations under national health and safety frameworks, while U.S. obligations are shaped by case law and the General Duty Clause. Consult legal counsel for jurisdiction-specific requirements.
What is Duty of Care?
Duty of care in a corporate travel context is the obligation an employer has to take reasonable steps to protect employees from foreseeable risks while they travel for business. This includes risks related to health, physical safety, security, natural disasters, and political instability.
The concept originates from common law and is reinforced by statutory obligations in most jurisdictions. In practical terms, duty of care means an employer cannot simply book an employee on a flight to a high-risk destination without assessing the risks, providing pre-travel information, ensuring the employee can be contacted during the trip, and having a plan to respond if something goes wrong.
Duty of care is not the same as eliminating all risk. The legal standard is "reasonable care," meaning the employer must take steps that a prudent organization would take given the known circumstances. What qualifies as reasonable depends on the destination, the nature of the travel, the employee's role, and the employer's resources.
What Are the Legal Foundations of Duty of Care?
Duty of care obligations come from multiple legal sources, and the specifics depend on the employer's jurisdiction.
United States: The Occupational Safety and Health Act's General Duty Clause (Section 5(a)(1)) requires employers to maintain a workplace free from recognized hazards likely to cause death or serious harm [1]. While this was written for physical workplaces, courts and regulators have applied it to employees traveling on behalf of the employer. Additionally, workers' compensation obligations extend to injuries sustained during business travel in most states.
United Kingdom: The Health and Safety at Work Act 1974 places broad obligations on employers to ensure the health, safety, and welfare of employees "so far as is reasonably practicable," including while on business trips. The Corporate Manslaughter and Corporate Homicide Act 2007 adds criminal liability for gross negligence.
European Union: Individual member states implement their own occupational health and safety laws, but the EU Framework Directive 89/391/EEC establishes baseline requirements for employer risk assessment obligations that extend to business travel.
Note: This overview provides general context, not legal advice. Duty of care requirements vary significantly by country, state, and industry. Employers should consult legal counsel for jurisdiction-specific compliance requirements.
Key Components of a Travel Risk Management Program
A duty of care program for business travel typically includes five components.
Pre-travel risk assessment. Before any trip, evaluate the destination's risk profile: political stability, crime rates, health risks, natural disaster exposure, and transportation safety. Travel risk intelligence services provide country-specific assessments and real-time alerts.
Traveler tracking and communication. Know where employees are at all times during business travel. This requires integrating booking data with traveler location systems. When a hurricane, earthquake, or security incident occurs, the ability to immediately identify which employees are in the affected area is the foundation of an effective response.
Travel policy. The company's travel policy should reflect duty of care obligations. This includes restricting travel to high-risk destinations without approval, requiring travel insurance for international trips, and setting minimum accommodation standards that prioritize safety.
Emergency response plan. Define who is responsible for responding to a travel emergency, how travelers contact the company's emergency line, what medical and evacuation resources are available, and how the company communicates with affected travelers and their families.
Post-incident support. Duty of care extends beyond the immediate emergency. Employers should provide medical follow-up, counseling, and operational support after a travel-related incident. This includes covering reimbursement for emergency expenses incurred during the disruption.
How Does Duty of Care Apply to Different Travel Scenarios?
The level of care required scales with the risk profile of the trip.
Travel Scenario
Risk Level
Typical Duty of Care Actions
Domestic day trip
Low
Basic itinerary on file, emergency contact
Domestic overnight
Low-Medium
Hotel safety standards, transportation guidelines
International (low-risk destination)
Medium
Travel insurance, pre-trip health advisory, traveler tracking
International (elevated-risk destination)
High
Security briefing, ground transportation restrictions, medical evacuation plan
International (high-risk/conflict zone)
Very High
Security escort, restricted movement protocols, daily check-ins, armed response on standby
No traveler visibility. The most frequent failure is simply not knowing where employees are during a crisis. When an earthquake hits a city where 15 employees are attending a conference, the travel manager needs to account for all of them within minutes, not hours.
Outdated risk assessments. Destination risk levels change rapidly. A city that was low-risk six months ago may be elevated due to political unrest, disease outbreak, or natural disaster season. Static risk assessments that aren't updated in real time leave gaps.
Policy without enforcement. Having a travel risk management policy is insufficient if employees routinely book travel outside the managed system. Off-platform bookings bypass duty of care controls, creating blind spots in traveler tracking and emergency response.
Ignoring domestic risk. Duty of care conversations often focus on international travel, but domestic trips carry risks too: severe weather, civil unrest, health emergencies, and transportation incidents. A comprehensive program covers all business travel.
For companies using Navan, booking data automatically feeds into traveler tracking systems, so travel managers know which employees are traveling where at any given time without relying on manual reporting.
[2] GBTA (Global Business Travel Association), "Travel Risk Management and Duty of Care," 2025
Related Terms
Travel Insurance: Financial protection that covers medical emergencies, trip interruptions, and evacuations during business travel, which is a key component of duty of care programs.
Travel Cancellation Insurance: Coverage that reimburses prepaid trip costs when travel is canceled for covered reasons, relevant to duty of care when destinations become unsafe.
Expense Policy: The corporate rules governing business spending, which should align with duty of care requirements by setting safety standards for travel bookings.
Frequently Asked Questions About Duty of Care
Duty of care is the legal and ethical obligation employers have to protect employees' health, safety, and well-being during business travel. It requires taking reasonable steps to assess travel risks, track traveler locations, provide emergency support, and maintain communication throughout the trip.
Yes, but the specific requirements vary by jurisdiction. In the U.S., OSHA's General Duty Clause and state workers' compensation laws create employer obligations. In the UK, the Health and Safety at Work Act 1974 applies. EU member states have their own frameworks. Consult legal counsel for jurisdiction-specific requirements.
Consequences range from civil liability for employee injuries to regulatory fines and, in extreme cases, criminal prosecution. In the UK, the Corporate Manslaughter Act allows criminal charges for gross negligence. In the U.S., OSHA violations carry fines, and negligence lawsuits can result in significant damages.
Navan provides real-time traveler location tracking using booking data, automated alerts when disruptions affect traveler destinations, and integrated communication tools for emergency response. Travel managers can see a live map of all active travelers and reach affected employees immediately during an incident.
Yes. While international travel typically involves higher risk profiles, domestic business travel also carries obligations. Severe weather, civil unrest, health emergencies, and transportation incidents can affect travelers anywhere. A comprehensive duty of care program covers all business travel, not just international trips.
A complete program includes five components: pre-travel risk assessment for each destination, real-time traveler tracking and communication, travel policy alignment with safety standards, an emergency response plan with clear escalation procedures, and post-incident support including medical follow-up and counseling. Navan integrates booking data with traveler tracking to automate the first two components.
Accrual accounting is a method of recording financial transactions when they occur, regardless of when the cash transactions happen, ensuring that revenue and expenses are matched in the period they arise.
