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Posted By Steven John Nelson
As a H&S Advisor I am often involved in the investigation of incidents &/or illhealth in the workplace, resulting in written reports with conclusions & recomendations. I am keen on causal analaysis, and use the approach promoted by HSG 245 to identify underlying management failures and thereby potential improvements to our risk control systems. My incident reports tend to focus on these issues, but I do also like to comment on compliance &/or liability issues, concluding that we had AFARP complied with our legal duties, or maybe had not. I do like to refer to relevant legal &/or management standards and discuss whether we were compliant. However, this is where my problems seem to start. The managers in my business who liase with our insurers never want any discussion of legal standards, compliance &/or liability in my reports, as it is disclosable to injured parties or their preresentatives, and it may thereby compromise their attempts to defend a civil claim for aamges esultign from our potential neglience. Is there any guidance out there about how to deal with compliance &/or liability issues in incident investigation reports.
Hope someone can help.
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Rank: Guest
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Posted By Helen Horton
Having worked for a major EL insurer I can tell you that there is nothing wrong with your reports as you write them. See if you can arrange a meeting with your managers, your insurance broker and someone from your EL insurer. Also ask if your insurer produces a guide about how to conduct an investigation, most do and it will probably contain a checklist of ground to cover in the report. The name of the game on EL claims now is not so much liability as defendability and if you can show that you are doing all you can to prevent accidents, mitigate claims and improve the ability to defend you will be loved by your underwriter.
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