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#1 Posted : 22 May 2007 10:27:00(UTC)
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Posted By Warren Shaw Our local carnival organisers have been informed that the insurance company providing liability cover for the event will not allow children to ride on the floats for reasons of safety. The floats are flat bed lorries supplied by local companies. The children spend time dressing the lorry and themselves in theme to join a parade through the town that lasts 30-45mins. This event has occurred each year without any accidents to my knowledge. My advice would be Change insurers? Ask the insurers what safety measures to put in place so as to receive cover? I think I know the answers but would be pleased to receive suggestions Cheers
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#2 Posted : 22 May 2007 10:39:00(UTC)
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Posted By Steve Derby Idiots!! More bad press for our profession if it makes the papers. Whats wrong with a risk assessment and adequate controls? Very quickly, safe method of getting them on and off and incorporate suitable edge protection into the design! Not hard is it. Personally I took part in several carnival parades as a child. My friends and myself all managed not to fall off and even when walking along side managed not to jump under the wheels! Back then we were clever enough to work out for ourselves that these things might hurt!!! I'd look at other insurers
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#3 Posted : 22 May 2007 10:59:00(UTC)
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Posted By PH In my opinion, insurance companies do more damage to the H&S profession than any newspaper, over the top local authority etc. etc. Surely risk management is the same whether we are talking H&S, financial or otherwise. (Some)insurance companies seem to apply the theory that whatever the risk - ban it, regardless of what control measures are or can be put in place. Risk aversion wins again!! P
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#4 Posted : 22 May 2007 11:33:00(UTC)
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Posted By Jane Blunt My garage is currently filling up with bits and pieces for our carnival float, so I hope our insurance company doesn't do this to us! I have done Village Carnivals for years. The children are a lot safer on the lorry than in the procession. The lorries and tractors are moving very slowly and this encourages children to weave in and out of the procession collecting money from the roadway. They can easily fail to notice a trailer wheel coming straight for them. I tell my club members that I expect an adult or at least teenager to accompany any child under about 10 who wants to walk in the parade for that very reason. When they are on the lorry the worst that can happen is falling off. With ropes round the edge, a 'sitting down' policy, no reaching over the edge with buckets for the money, and adult supervision they should be OK. Jane
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#5 Posted : 22 May 2007 11:42:00(UTC)
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Posted By CFT Warren Might this be similar to the 'Bridgwater Guy Fawkes Carnival'? I ask as I have some contacts with the CC that may be able to help you. CFT
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#6 Posted : 22 May 2007 11:47:00(UTC)
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Posted By Glyn Atkinson Our local council insists on fixed side barriers in the form of scaffolding tubes to be on all floats with some form of netting in between the poles to ensure that no one can fall off the floats in transit. All children must be seated for the whole journey - no collecting by minors en route - one security person provided for assistance per float. As chair of a local club with adults having disabilities and learning difficulties, this assessment and method of collection has never proved to be a hindrance to a successful parade and fundraising activity as well as a spectacle for the local townspeople. Are we just heading for a cotton wool claim culture society ??
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#7 Posted : 22 May 2007 12:26:00(UTC)
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Posted By Bill Parkinson Have you asked your insurers as to what you need to do so they will provide cover (i.e. edge protection, safety barriers etc)? If they are unwilling to discuss anything then would look to change insurers.
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#8 Posted : 22 May 2007 14:06:00(UTC)
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Posted By Ian Blenkharn Well, I guess you have all missed the point. The insurers have declined to provide cover, and in doing so have no doubt looked at the balance between risk (in their case the risk of a successful claim) against profit (the premium). That's all, nothing more. No insurer has ever, or could ever, stop an undertaking, but can merely decline to cover that undertaking below the price that has been be determined. Pay a higher premium and the problem is solved, or go somewhere else and find an insurer who is prepared to balance that risk/profit equation differently. And let's all stop whingeing about the insurance industry view of health and safety when they should be left to balance the risk as they see fit. Don't confuse your risk (of injury etc) with theirs (of financial loss). Unless, that is, you really are convinced you can run their business better than they do, and are prepared to offer financial cover for any liability at your own cost. Those who may disagree with this, and believe that H&S gets its bad press from insurers should think through the differences between managing H&S and managing insurance risk. Fleet Street's finest should do likewise. Warren is right in his plan, to ask the insurers what more is required to persuade them to provide covcer. He could also ask for a revised (and undoubtedly much higher) price of a premium if those preventative and control measures are not met. After all, there is a price for everything. It's not H&S, it's business, and to confuse the two casts a heavy shadow more over the former than it does over the latter.
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#9 Posted : 22 May 2007 15:05:00(UTC)
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Posted By PH So insurance companies don't use the risk of an accident as an excuse to simply drive up premiums to a point where things like carnivals become financially impossible. And of course, insurance companies never overrule company H&S teams who believe there is a civil case worth fighting, just because it is cheaper to settle out of court. Or am I just being cynical? :)
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#10 Posted : 22 May 2007 15:28:00(UTC)
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Posted By Ian Blenkharn That's business!
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#11 Posted : 22 May 2007 15:35:00(UTC)
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Posted By PH I agree, doesn't make it right though.
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#12 Posted : 22 May 2007 15:51:00(UTC)
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Posted By David Bruce The town I'm from used to have a carnaval through the town and may still (not sure). I know one year, there was an issue with friends of kids on the float jumping on and off which did lead to an injury. I suppose incidents like this could be where the insurance company are coming from. Its likely they have been stung in the past somewhere else. I'm sure they're not keen on taking on additional exposure unless receiving additional premium to compensate. I don't promote a kill joy society and fondly remember endulging in a many a fun yet highly dangerous games as a child. But you can't really blame insurers and local authorities for this approach. In many instances it has been forced by the fact that claim numbers are dramatically on the increase which has significant costs both in and out of court. They therefore are faced with a choice; increase premiums or council tax (hugely unpopular) or attempt to reduce exposure.
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#13 Posted : 22 May 2007 16:05:00(UTC)
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Posted By PH Again I agree. But all this does is help create a risk averse attitude which long term is very damaging, not just for H&S as a profession but also society on a wider scale. In my(very)humble opinion.
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#14 Posted : 22 May 2007 16:12:00(UTC)
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Posted By John Allen It is true that insurance premiums have gone up considerably in the last few years, but this is nothing to do with the number of claims. The main reason is that insurance companies were using Employers Liability Insurance as a “loss leader”. In 1999 the cost of claims and insurance companies' costs was 54% higher than the amount that the insurance companies were charging. Following the stock market crash and the attack on the World Trade Centre, the companies decided they could no longer afford to subsidise Employers Liability Insurance so premiums have gone up. However this is not because of higher compensation or more claims. The number of civil claims against employers as a result of accidents has fallen every year for the last 5 years. In fact despite the introduction of “no win – no fee” claims the total cost of compensation cases in Britain has remained in real terms static since 1989. Britain also pays out much less in civil compensation as a proportion of its economy than any major European country, apart from Denmark, and a third of that of the USA.
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#15 Posted : 22 May 2007 17:31:00(UTC)
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Posted By Merv Newman John Allen, very interesting information. Thanks. Actually, I think that all of the risk CONTROL measures mentioned above are good, valid suggestions. As is negotiating with your insurers. The thought of children falling off the back of a flat bed and possibly under the wheels does upset me. please borrow a few scaffold poles from the local builders and ask them to help with installation. (free advertising placard on the lorry ?) Merv
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#16 Posted : 22 May 2007 21:52:00(UTC)
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Posted By srd As a village fete previous committee member myself, we took the decision 3 years ago, due to the increased insurance costs in relation to running a relatively small village fete, to abandon the traditional 'children on back of lorries' approach and replace it with a walking procession. This idea seemed to go down fairly well. Obviously there is not the facility to create a colourful 'stage' for the children, but this can be offset by the ability for the children to interact with the crowd as they pass by. Another advantage is that the participating organisations (schools, nurseries, scouts, etc) found it easier, cheaper and less hassle, not to have to procure and dress a lorry, and so they were easier to persuade to take part year on year. Due to the young age of some of the walking procession, we obviously had to shorten the route that was previously taken by the lorry procession to just include the High Street. A lorry-less procession is an option, should you decide that a lorry based one is too risky without insurance cover. Stephen.
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#17 Posted : 23 May 2007 09:21:00(UTC)
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Posted By Ian P After years of providing cover for similar events our insurers refused it . As my organisation organises quite a few of these in different locations throughout the year this could have had serious implications. After discussing it with our brokers it turned out that it was a knee jerk reaction from a particular underwriter because of the transport involved. After speaking to a more senior one and asking if anything else was needed than was already in place in the risk assessment the decision was reversed. I would definitely go back to your insurers.
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#18 Posted : 23 May 2007 10:17:00(UTC)
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Posted By James365 I'm inclined to agree with Ian Blenkharn on this one. The insurance company haven't said you can't do the activity, they have simply indicated that they will not insure it. If the original poster is so sure that there won't be an accident, then the lack of insurance shouldn't be a problem. Conversely, if insurance is needed by the event organiser, then that suggests there is indeed a significant risk, albeit a remote one. The insurance bashing that goes on in some H&S quarters mirrors strongly the conkers bonkers opinion which is held by many in respect of the health and safety profession. At best, it's an ill advised kneejerk reaction. At worst, it indicates a lack of commercial savvy on how risk transfer economics actually work.
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#19 Posted : 23 May 2007 11:03:00(UTC)
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Posted By PH I disagree that it is lack of commercial savvy that creates insurance bashing. The simple fact of the matter is that some insurance companies will contradict the basic principles of H&S management. For (a very simple)example: H&S practitioner risk assesses event. Recommends sensible and cost effective control measures. Insurance company demands silly premiums. Event is cancelled. H&S is blamed, conkers bonkers headline in paper. I know it is not always as simplistic as this, but is also wrong to suggest that just because someone is cynical means they don't know what they are talking about.
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#20 Posted : 23 May 2007 11:22:00(UTC)
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Posted By Ian Blenkharn I suppose there is an acid test - that the H&S professional who is so confident of their own risk assessment uses there own money to guarantee indemnity. Somehow, I don't think there will be many takers!
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#21 Posted : 23 May 2007 11:24:00(UTC)
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Posted By PH Not on my salary!! :)
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#22 Posted : 23 May 2007 11:28:00(UTC)
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Posted By James365 PH your assertion that insurance companies contradict the basic principles of H&S seems to indicate a fundamental failure to understand the nature of insurance. A lack of underwriting appetite despite a risk assessment being done in no way contradicts the basic principles of H&S. It means that someone somewhere has had a look at the risk of the activity in the context of the exposure, premium, claims experience, industry trends and a myriad of other factors, probably including what side of bed they got out of that morning, and thought "nah, I don't fancy that". It's a commercial decision, that's all. It's not a slight on the H&S work done, and isn't contradicting anything. Why do you suppose some insurance firms will underwriter sky divers, young drivers, offshore gas installations, childrens homes and such like, whilst other's just won't touch them? Underwriting appetite. I have my cynicisms too, but i'm pragmatic enough to realise that sometimes my preconceptions are just wrong. Do you? Conkers bonkers indeed.
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#23 Posted : 23 May 2007 11:29:00(UTC)
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Posted By Sean Fraser Interesting debate. Certainly, as an "oppressed minority" ourselves in UK workplaces, we as a profession feel the need to transfer the blame - not us guv, it's the jobsworth in the insurance company innit!? Those on the receiving end don't always learn from the experience and are quite willing to dish it out - in spades! After all, as we keep proclaiming, we are only human ourselves. And I can be just as guilty of it on occasion. Of course insurance risk calculation is a specialist subject, but like any economic based calculation it isn't an exact science. In many ways, it isn't that much different from any other form of speculation, from the Stock Market to your local turf accountants. But we need to understand why many H&S people have a cynical view of insurance, rather than simply dismiss them. And the reasons are the same as for everything else in business and sport - incompetence, inexperience, inconsistency. Some firms are very professional and highly skilled - others run on a wing and a prayer. Some rely heavily on sophisticated computer technology - others on good old human judgement (though a good one would combine both, in my opinion). Some will analyse to the nth degree, incorporating every possible factor no matter how remote - some will base it on three general factors and gentleman's agreement. Horses for courses. At the end of the day, one financial ruling will continue to apply - you will get what you pay for. By all means find the lowest quote, but make sure it will cover you for an event that is reasonably foreseeable. A decent broker/insurer will be happy to discuss risk and make sure that they quote the right premium that provides you with the cover you need and gives them a premium they can afford should it go pear-shaped and they have to pay out. My tuppence worth.
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#24 Posted : 23 May 2007 11:46:00(UTC)
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Posted By PH James Firstly, you have no idea why I have the opinions I have. Secondly, of course I am not naive enough to believe that commercial issues aren't important but applying your argument would mean a lot of organisations would ignore H&S simply because of the perceived cost involved - many safety people have a daily battle with the people who hold the purse strings. And thirdly, at no point I have doubted another posters credibility or knowledge - I have just entered into a discussion with a desire to express my point of view. You obviously see it differently and know far more than me.
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