Dear forum,
I would like an opinion on an incident that occurred at my workplace recently.
On the day in question, the temperature was about 37 deg C with high humidity of 70% to 80%. It is my understanding that under Australian law, occupiers of a premises automatically owe a duty of care to any person on their premises.
Context: My workplace is a rented building within a much larger campus that houses people with disability. My workplace is not connected to the larger organisation that owns the campus or the building that we rent. All names have been changed.
Alice is an elderly resident (about 75 years old) with a physical and learning disability. Alice uses a walking frame and is not very mobile. Alice came outside of our workplace with John (another young man with a learning disability) and two other people. Alice and John were with two musicians (without a disability) who were singing songs (unsolicited) outside of our building, under our verandah for the New Year.
After the two singers and John left, Alice was somehow left on her own under our verandah in the oppressive heat and humidity. It was about 37 degrees C and very high humidity (about 80%).
I was outside our building and Alice asked me, "Could you take me across the campus to xxxxx building?"
I went back into the building and let my supervisor know what Alice had asked me to do.
Supervisor called Alice’s house staff to come and pick her up rather than our staff take her to the other building.
30 mins later Alice is still sitting outside in the heat. It was oppressively hot and humid. I go outside and ask Alice, "Are you OK?" As a First Aid officer at work, I was concerned as Alice looked unwell and her appearance showed many of the symptoms of heat stress: Her face was flushed red and she looked clammy and sweaty.
Alice asked me, "Can I have some water?" I brought her a glass of water. Alice also asked me, Can I come inside your building until my staff come? It’s too hot for me out here.” (our building is air-conditioned)
We would not normally allow campus residents to come into our building, but as Alice didn’t look well and appeared to be suffering from heat stress I say, "Yes" and I bring her into our building with her walking frame. I call Alice’s staff again to come and collect her.
Later in the day my supervisor questioned me and was critical of my decision to bring Alice into the building. I replied that any reasonable person is not going to make Alice (an elderly person with a disability) sit outside in that kind of heat and humidity. I reiterated that Alice appeared to be in heat stress, she was red-faced, sweating and looked clammy.
My question is: If help was refused to Alice and she was left sitting outside in the heat and she afterwards suffered injury or death, would my workplace / or I face a legal inquiry, charges of negligence for refusing her assistance?
In a court of law would that refusal of help to Alice pass the "reasonable person test" or pass the test of "reasonable foreseeability of harm"?
Thank you and best regards,
I would like an opinion on an incident that occurred at my workplace recently.
On the day in question, the temperature was about 37 deg C with high humidity of 70% to 80%. It is my understanding that under Australian law, occupiers of a premises automatically owe a duty of care to any person on their premises.
Context: My workplace is a rented building within a much larger campus that houses people with disability. My workplace is not connected to the larger organisation that owns the campus or the building that we rent. All names have been changed.
Alice is an elderly resident (about 75 years old) with a physical and learning disability. Alice uses a walking frame and is not very mobile. Alice came outside of our workplace with John (another young man with a learning disability) and two other people. Alice and John were with two musicians (without a disability) who were singing songs (unsolicited) outside of our building, under our verandah for the New Year.
After the two singers and John left, Alice was somehow left on her own under our verandah in the oppressive heat and humidity. It was about 37 degrees C and very high humidity (about 80%).
I was outside our building and Alice asked me, "Could you take me across the campus to xxxxx building?"
I went back into the building and let my supervisor know what Alice had asked me to do.
Supervisor called Alice’s house staff to come and pick her up rather than our staff take her to the other building.
30 mins later Alice is still sitting outside in the heat. It was oppressively hot and humid. I go outside and ask Alice, "Are you OK?" As a First Aid officer at work, I was concerned as Alice looked unwell and her appearance showed many of the symptoms of heat stress: Her face was flushed red and she looked clammy and sweaty.
Alice asked me, "Can I have some water?" I brought her a glass of water. Alice also asked me, Can I come inside your building until my staff come? It’s too hot for me out here.” (our building is air-conditioned)
We would not normally allow campus residents to come into our building, but as Alice didn’t look well and appeared to be suffering from heat stress I say, "Yes" and I bring her into our building with her walking frame. I call Alice’s staff again to come and collect her.
Later in the day my supervisor questioned me and was critical of my decision to bring Alice into the building. I replied that any reasonable person is not going to make Alice (an elderly person with a disability) sit outside in that kind of heat and humidity. I reiterated that Alice appeared to be in heat stress, she was red-faced, sweating and looked clammy.
My question is: If help was refused to Alice and she was left sitting outside in the heat and she afterwards suffered injury or death, would my workplace / or I face a legal inquiry, charges of negligence for refusing her assistance?
In a court of law would that refusal of help to Alice pass the "reasonable person test" or pass the test of "reasonable foreseeability of harm"?
Thank you and best regards,