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Posted By Alan Brown
Morning All
I am investigating the requirements for Employers Liability Insurance for schools work experience.
The HSE wed site states that when pupils go out on work experience, they are regarded under Health and Safety law as employees. I would therefore expect that the employer would require Employers Liability Insurance to cover these pupils.
The HSE wed site have a PDF file on the Employers Liability (Compulsory insurance) Act 1969, and on page 4 it states that ‘there are no hard and fast rules as who counts as an employee for the purposes of Employers Liability Insurance’. Further down this page it states that ‘although, in general the law may not require you to have insurance for’ and one of the categories is, a school student on a work experience programme. If this is the case, and the pupil has an accident, what insurance cover does the pupil have?
At this point our local authority is insisting that employers have suitable Employers Liability Insurance cover for the pupil.
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Posted By Raymond Rapp
Alan
Without any further knowledge I guess it is a matter of reading the small print. Although because the scenario you describe must ocur on countless ocassions I would think that ELI must cover 'casual' labour and the like by default. Could be wrong.
Ray
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Posted By David Bannister
Hi Alan, it is usual for most employers to buy both employers liability and public liability insurances, thus gaining cover for employees and non-employees accidents.
As a non-expert I would think that as the young persons will be under the control and direction of the employer, any liability arising from the employer to them will be covered under the EL policy.
Best pointer I can give is speak to an insurance broker who will give better advice.
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Posted By Ian P
Talk to your insurer or broker and ask them if your existing insurance cover is sufficient or if you need a new policy or an extension on an existing one. My initial thought is that they would be covered by Public Liability but I could be wrong.
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Posted By woody
Alan
I worked as H&S Adviser, visiting companies to check health and safety before placing students/learners.
I enquired about insurance and was told that the LA insurance covered students/learners on placements, although i used to insist the placements had their own insurance and had notified their insurance company that they were taking on a student/learner.
Although, if the employer was related to the student/learner(one man band company) they only needed public liability
I suggest you contact the insurance dept at the LA and ask about cover, i would be surprised if those on work experience were not covered by LA insurance
Hope this helps
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Posted By Alan Brown
Thanks to all so far, but my main concern is that employers, in particular one man bands are implying that they do not need ILI to have work experience pupils. At this moment I am refusing these placements, but I am experiencing difficulty from parents who want there children to work with uncle Joe.
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Posted By woody
Alan
If they employ one or more persons (who are not related) then they need employers liability and public liability insurance and i would not place without evidence of this.
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Posted By Vincent Hearn
Everyone
This issue is difficult to resolve. I work at an FE College and we place students on Work Experience and also work placements for Entry to Employment and Work Based Learning. Our policy is that if an employer does not have both ELI and PLI then we do not place the learner. This is difficult, since many employers are family businesses or sole traders that do not require ELI, but for the purposes of work experience, students are classed as employees; Health & Safety (Training) Regulations 1990 I believe? I have asked our insurers if our (that is, The College's) ELI/PLI would cover the students on placement but quite rightly, they have said no as we have No Control over the work that the student will do. We do however, visit each employer to carry out a check of their H&S Management System.
I can't believe that Parliament's Intention when formulating the Employers' Liability (Compulsory Insurance) Act 1969 Act was to deny students these fantastic learning opportunities and I think that the issue should be addressed, maybe IOSH could look into it?
Regards
Vince
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Posted By Pete48
There is no doubt at all that any undertaking offering a placement under the work experience scheme MUST have ELI.
This is contained in the DfES and or LSC standards and codes that relate to this activity. It is there as much to protect the provider as to provide cover for the student.
It can be purchased for a small sum to cover the usual one week placement.
No ELI-no placement. That simple,
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Posted By Phil Grace
Alan,
Understandable confusion/uncertainty...!
I find best place for guidance on EL is the current version of HSE40 Guide for Employers... which says much the same as your quotation.
What must be remembered is that the EL(CI) Act is all about the transaction of employers' liability not about defining who is an employee. In the final outcome the Courts will decide whether an individual is an employee. But that's all bit "after the event" if the poor injured person is left without a source of compensation.
As others have said, if someone isn't an employee then they will be a third party and could seek compensation using the Public Liability.
At the end of the day it should be remembered that it is the insurer who makes many of the decisions about the policy wording (subject to the constraints of the Act). And all policies will contain a definition of employee. This will include(and the policies of all major insurers will be the same) persons such as voluntary workers and those on work experience or similar schemes.
My advice is to make certain that the "employers" you plan to use hold Employers' Liability Insurance.
Phil
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Posted By Alexis B
Alan
I'm in agreement with Phil. As a consultant I have always advised the host employer to contact their insurer about this and also with regard to volunteers. No-one has ever come back citing it as a problem. The sole traders are having the benefit of an extra pair of hands, the relationship with the placement organisation and a possible future employee. I would point out to any who may be reluctant that should something happen, without insurance in place they would be sued and have to pay compensation out of their profits.
A
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Posted By Tabs
You have a duty to the students not to place them in a situation where they could be exposed to injury without proper access to compensation,so your stance is right.
You may be able to help though, there should be room for you to talk to a broker to establish a specific low-cost insurance option for those without ELI.
The important part of that though, is for the school/college not to be a party - just an agent.
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