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Posted By Katiem
Good Day All,
I'm looking for some guidance on the use of disclaimers, with respect to health and safety of members or the public (volunteers)/clients using a social care service e.g. counselling.
The disclaimer relates to carrying out particular activities such as gardening or kitchen duties. Risk Assessment would be carried out and the risk highlighted to the the "non-employee" before commencemnt of duties and the disclaimer would outline that after which, the care provider cannot be held responsible for any accident or injury resulting from undertaking the task.
As I see it, this might seem a fine idea and perhaps considered n some areas as a "control measure" but I don't believe disclaimers of this nature to be legally binding. Surely this is contrary to the duty of care place on all employers?
Can anyone clarify further. It would be a great help.
Thank you in advance.
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Posted By Jack
Katie
You're right, it would not be legally binding (in fact 'not worth the paper it's written on).
It would be an 'Unfair Contract Term' under the Unfair Contract Terms Act 1977.
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Posted By Ron Hunter
An interesting but rather flawed new approach to Risk Assessment - "we identified the hazard, quantified the risk, but basically couldn't be bothered evaluating or developing any control measures"?
This will presumably become known as the 'stumbling 2-step' approach (as opposed to the 5 step).
I think your Social Work people could do with a wee talk on H&S responsibilities!
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Posted By Heather Aston
Katie
I would suggest that you are better off having a specific training brief (based on the risk assessment) for these people. Have then sign something to say they understand the hazards/risks and have been informed as to the control measures. This shows that you have done what is reasonably practicable as far as information, instruction and training.
As you say, a general disclaimer isn't usually worth the paper it's written on. However if there are certain specific things you don't want the volunteers to do - use machinery for example - you could get then to sign to say they are aware of this.
You can't generally get them to sign away their "Duty of Care" rights either as employees or as non-employees though, so I wouldn't even try.
Heather
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Posted By Rich Hall
Its like when you do a bungee jump and you sign a disclaimer , its a load of rot, and if you drop to the ground and the rope busts, you have a good case for prosecuting even though you disclaimered.This happened to a friend of mine.
There are better ways of Covering your backside than that.
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Posted By Katiem
Thanks for your response folks.
Yes, health and safety in Social work is a colourful place......
I'm not a fan of disclaimers as they basically many nothing, unless like you say it comes with a warning "Keep Out" etc.
I'm a believer in getting people to sign off risk assessment training saying that they have read and understood the outcomes..even though that in itself, doesn't hold much water either.
Just needed some peer reassurance I wasn't being too anal about it;-)
Thanks again.
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Posted By Rich Hall
yes katie, face facts - as has been mentioned numerous times on this forum , if the doo- dar hits the fan and your in a court of law trying to defend your actions - well i'm afraid that they will get you on something!!!! you can risk assess until the cows come home, and implement it to the max, but if one of the bounders doesnt understand and signs to say they do you have had it.... lifes crule , H&S is a crueler mistress than most.
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