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Lwood  
#1 Posted : 19 July 2010 14:59:23(UTC)
Rank: Forum user
Lwood

We use quite a lot of small contractors and until now we have not been checking EL insurance. The question is, given the latest comment by the HSE of the numbers of small companies that are not taking EL insurance as a means of saving money, should we start asking to see it along with the public andprofessional liability insurance. As an opening statement, I am not sure we should act as the governments unpaid police for this issue, on the other hand, I can't help thinking about the employees of those shortcutting bosses!
leadbelly  
#2 Posted : 19 July 2010 15:12:58(UTC)
Rank: Super forum user
leadbelly

Some people don't need EL; see the Employers' Liability (Compulsory Insurance) (Amendment) Regulations 2004 LB
Kate  
#3 Posted : 19 July 2010 15:18:51(UTC)
Rank: Super forum user
Kate

But you do have a legitimate interest in this insurance - if a contractor's employee was injured on a job for you and unable to get recompense from his employer due to lack of insurance, surely his lawyers would think of turning on the client company?
pete48  
#4 Posted : 19 July 2010 18:17:11(UTC)
Rank: Super forum user
pete48

Interesting question. We always have asked for sight of insurance certifcates, or proof that the insurance is in place, or accepted that ELI is not required for specific contractors such as those with no employees or subbies that might well be deemed employees if tested. This is done as part of any contractor assessment. You would be amazed at just how little most people understand about what they are / are not insured for. The smaller the company the more confusion is likely. For us this is about only doing businesses with those that meet identified standards; compliance with the law on ELI is one of those standards. P48
Phil Grace  
#5 Posted : 20 July 2010 07:54:33(UTC)
Rank: Super forum user
Phil Grace

Dear All, A few comments: I think it was AIRMIC rather than the HSE that was talking about firms not taking out EL insurance. I was unsure abotu the soruce of theri data. The last time this issue came up was at the tiem of the "EL Crisis" back in 200-02... when EL premiums rose significantly almost overnight. At that time the HSE commissioned extensive research which concluded the extent of under insurance was a fraction of 1%...!!! Now the recession could have caused that to rise...! But there is another factor - which AIRMIC may not have factored into their thinking. Most commercial organisations obtian the their insurance through a broker. They need motor cover for their vehicles, theft for plant and machinery etc. They would be unwise to trade without PL... Their broker will ask about employees - if he did not do so he is making a serious professional breach - Prof Indemnity claim on horixon..!? So the firm could simply flagrantly lie and say that they did not employ anyone (possible) or they could connive with the broker and not purchase EL cover (unlikely). Either way I think there are sufficent checks and balances to ensure that the vast majority of firms, from small to large purchase the necessary EL cover As one poster stated not all firms require EL insurance but I hope AIRMIC took that into acount. And Kate was quite right that in the event that an accident to a "subbies" employee could result in lawyers turning to the main contractor/employer in the event that there was no insurance. And as I guess we all appreciate a bona fide subbie i.e. a properly constituted firm will have (should have) their own EL cover). However, this is not the case with a labour only subbies and most insurance policies will extend the definition of "employee" to include those working for a labour only sub contractor. Hope this helps Phil
stevie40  
#6 Posted : 20 July 2010 10:03:58(UTC)
Rank: Super forum user
stevie40

Phil G - pretty much spot on. The EL insurance premium is based on the wage figure (split between clerical and manual) multiplied by the insurers rating factor for that trade. The usual ruse is to under declare the wage figure or ignore the LOSCs alltogether. On site, I'll ask for a company head count and do a quick calculation to find the average wage. Often it comes out below min. wage and that is then challenged. Some brokers do not understand the difference between BFSC and LOSC. We define a BFSC as a firm that bills for labour AND materials. If you are just charging for labour then you will be LOSC. It is a big problem in all areas, not just construction. A lot of food manufacturers think they do not need to declare the agency workers they employ (a classic LOSC) because they do not have a direct contract with the agency employee.
Kaj  
#7 Posted : 20 July 2010 10:33:10(UTC)
Rank: New forum user
Kaj

Morning all, You may be interested to read this article that came through on my email this morning from SHP Online. Although its not directly linked to vetting contractors to undertake business on your behalf, it serves as a reminder to those contractors whom fail to appropriately cover themselves regarding EL insurance. http://www.shponline.co....e-with-hse-investigation Regards,
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