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#1 Posted : 07 August 2003 15:22:00(UTC)
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Posted By Simon Micklewright Please could someone tell me if as an employee writing Health and Safety policies, whether I have a right to see my companies Public liability Insurance Policy? as our finance manager has refused to show it to me. The reason I ask is to do with supplying First Aid Boxes in Asylum Seeker Hostels. The compulsory element of employers' liability insurance does not cover litigation resulting from first aid to non-employees. However, many public liability insurance policies do cover this aspect, I just wondered where I stood on this. Any help woul be appreciated.
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#2 Posted : 07 August 2003 17:58:00(UTC)
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Posted By Steve Sedgwick Simon You have the right to see the Employers Liability Insurance Cert. Advise your employer that he has duties under the First Aid at Work Regs and advise him what first aid provisions to make. If the Finance Manager is doing his job correctly, he will mitigate any financial risks through insurance. He appears not to need your help so don’t let it bother you. regards Steve regards Steve
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#3 Posted : 08 August 2003 09:31:00(UTC)
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Posted By Bill Elliott If you have sight of the Certificate - it contains the reference details you need (policy no. etc) to ring up the insurers and ask them!
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#4 Posted : 08 August 2003 10:46:00(UTC)
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Posted By Dave Wilson You have no 'right' to see this. However this is petty so don't even bother with it, as an accountant he's to busy counting the beans!
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#5 Posted : 08 August 2003 11:25:00(UTC)
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Posted By john ridley Hi Simon I hope this helps you. Public Liability insurance is not a statutory requirement unlike Employers Liability Insurace (ELI) and you have no right to see any certificate, assuming of course that your employer has actually got Public Liability Insurance cover. First aiders are covered under ELI for incidents at work. This is because the employer retains vicarious liablity under the legal doctrine of the master & servant relationship for the acts or ommisions of their employees in the course of their work and only that. Employers are not responsible for the actions of first aiders or indeed any other employee, which is unrelated to a work activity. Personal liability insuracne is available for first aiders if they wish to cover their personal duty of care to the injured. Most First aid training organisation will introduce this to trainees as part of the course. I hope this explains why you're being refused access to the certificate. Good luck
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#6 Posted : 08 August 2003 20:54:00(UTC)
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Posted By Steve Sedgwick John please consider my approach, this is typical of the advice that I give to first aiders. First Aiders are employees carrying out work on the behalf of the employer; part of their duties is to provide first aid. As such the employer is vicariously liable for their actions or failure to act. Should a First Aider administer treatment “negligently” then the injured party could claim against either the First Aider, or the employer, as the employer is vicariously liable. As the First Aider would be termed in law as “a man of straw ie a man without substance” then the injured party would always be advised to sue the employer who is vicariously liable. Eg. If a hospital patient is negligently treated is the nurse sued or the Hospital? regards Steve
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