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mssy  
#1 Posted : 21 August 2013 08:59:03(UTC)
Rank: Super forum user
mssy

This post is not a criticism but refers to something I just don't understand. I have noticed many threads asking for advice where someone posts "Have you asked your insurance company?" In some threads & situations that may well be appropriate, but as a general rule it sounds very much like a cop out. Surely as H&S professionals, we should be able to determine a solution without resorting to insurance companies. In my experience, not all insurance companies can be trusted to give the sort of gold standard advice many on this forum assume they will provide. I recall an insurance company who would ask to see the company's fire risk assessment. If in their opinion, the document was not suitable & sufficient, they would record this internally, but NOT tell the occupiers/clients. I was a LA fire service fire investigator at the time. When I challenged their strategy, they stated their rationale was that in the event of a claim for damages resulting from a fire, they would point out the FRA was below standard and would subsequently reduce their payout accordingly. Plus, in their opinion it was not their role to carry out, advise or audit the FRA. Of course, it may be necessary to inform insurance companies of changes to the risk they are protecting. That makes sense. But insurance companies are there to make a profit for their shareholders. They are not always a centre of excellence (for advice). I reckon there is enough guidance, ACOPs and standards - or independent experts - to call upon before resorting to insurance companies.
Mr.Flibble  
#2 Posted : 21 August 2013 10:38:08(UTC)
Rank: Super forum user
Mr.Flibble

It's what's technically known as the 'slippery shoulder' approach or ' passing the buck'; pass it to the insurance company for their approval or HR/Occupation Health is also a common one. God forbid you get a Health & Safety Manager/Adviser/Officer to give a definitive instruction, much like the HSE. That way if it goes tits up we can't be held liable or at fault....did that come across as to sarcastic?
aland76  
#3 Posted : 21 August 2013 11:25:56(UTC)
Rank: Forum user
aland76

Personally I steer clear of asking our Insurance Company for advice, past audits from them have shown a complete lack of understanding of the various processes within our site, which has led to ridiculous improvement requirements being requested, usually by people within the insurer who have never actually attended site on the audit. If the insurer provides improvement conditions, that's fine, i'll assess them and either instigate the improvements, or reject them due to the request being nonsense, but I won't approach them for advice unless it specifically relates to the insurance policy.
decimomal  
#4 Posted : 21 August 2013 11:32:32(UTC)
Rank: Super forum user
decimomal

Whilst you might not want to consult your Insurer, you might want to use your Broker who might well have some expertise, and could also assist you in complying or challenging any Insuer requirements. An example could be where an Insurer insists on annual PAT or prohibitive and expensive conditions.
A Kurdziel  
#5 Posted : 21 August 2013 11:37:50(UTC)
Rank: Super forum user
A Kurdziel

If all that you are interested in basic compliance and keeping your premiums down then yes by all means refer all of your decisions to the insurance company. If you want to apply appropriate policies for your workplace that are fit for purpose, then man up and be a professional.
johnld  
#6 Posted : 21 August 2013 11:50:12(UTC)
Rank: Forum user
johnld

Certainly working in the HE Sector I would never turn to the insurers for advice. In general they had little understanding of the work we were undertaking and I found that when they carried out the annual inspections the advice offered was often inappropriate and in some cases misleading. Yes they had a good understanding of the sort of workshop and office problems. I am not being critical of the insures but simply highlighting their limitations. If I was seeking advice I would turn to colleagues in other universities, fortunately we had a well-developed network and in most cases knew each other. So were able to discuss, in confidence, any problems we were encountering.
Jake  
#7 Posted : 21 August 2013 15:57:50(UTC)
Rank: Super forum user
Jake

Mssy, in my experience this advice is suggested when either the following scenarios occurs: - The issue is not a health and safety legal compliance issue - Legal compliance has already been achieved Generally the advice to contact an insurance company is not given for questions relating to compliance etc. I think this advice is given because it is often the case that predetermined insurance requirements are: - more prescriptive than the legal requirement - Go further than the legal requirement It can therefore be beneficial in some grey areas to check what your minimum insurance requirement is, because as a business you need to follow that (for the duration of your policy at least) to maintain your cover - this is a much more black and white answer to provide senior management. A good example I can cite is the distance combustibles are stored from the building - nowhere in law does it state a distance however a minimum insurance requirement of my previous company (for EL cover) was 8m - therefore no arguments with asking site management to move the wood store otherwise they invalidate the insurance.
Nicola Kemmery  
#8 Posted : 21 August 2013 17:17:27(UTC)
Rank: Forum user
Nicola Kemmery

All - thev only circumstances I have referred people to check with our insurance manager has been in cases such as Jake describes. There may be insurance requirements that are over and above the H&S requirements and they need to be considered when making decisions. In defence of insurance brokers - I have had some very positive experiences with my present (and previous) brokers where they have worked closely with us and our contractors to identify support and resources to improve H&S risk management and reduce claims/premiums.
RayRapp  
#9 Posted : 22 August 2013 08:30:44(UTC)
Rank: Super forum user
RayRapp

I accept there are occasions where you may need to refer to your insurance company - for example, what caveats there are when working with or finding asbestos on site. However, as a rule and a principle I don't think insurance companies should be providing guidance on health and safety issues. For starters, they have a tendency to err on the side of caution, which can result in some ridiculous impositions. Others have likened insurance advice to that of 'passing the buck' or advice from the HSE. I would also add it is a bit like asking advice on these forums where someone advises 'do a risk assessment'. It is meaningless advice, you can't do a RA until you know what the pros and cons are!
Jake  
#10 Posted : 23 August 2013 09:11:21(UTC)
Rank: Super forum user
Jake

Rayrapp wrote:
I accept there are occasions where you may need to refer to your insurance company - for example, what caveats there are when working with or finding asbestos on site. However, as a rule and a principle I don't think insurance companies should be providing guidance on health and safety issues. For starters, they have a tendency to err on the side of caution, which can result in some ridiculous impositions.
Ray, I take your point but in my experience it is not asking for advice, rather asking what the current conditions of the insurance policy are. I also agree that insurance co's are over cautions, but the fact is, if an organisation has an insurance policy through company X then they need to meet the T's&C's, if these T's&C's are too onerous then the company needs to renegotiate when they next get a chance. I haven't approach an insurance company for any reason other than to determine the T's&C's - and these are often more prescriptive than legislation (and in fact I've identified where a term needs to be renegotiated as it swings too far away from reasonable practicable). I would agree that asking for general advice not related to the terms of the insurance policy would not be a wise move, as clearly the insurance company have an agenda.
RayRapp  
#11 Posted : 23 August 2013 11:02:23(UTC)
Rank: Super forum user
RayRapp

Jake, fair point re T&Cs of the policy - agree it's not strictly advice per se.
RayRapp  
#12 Posted : 23 August 2013 11:17:45(UTC)
Rank: Super forum user
RayRapp

Jake, fair point re T&Cs of the policy - agree it's not strictly advice per se.
bob youel  
#13 Posted : 23 August 2013 11:20:28(UTC)
Rank: Super forum user
bob youel

Where I have quoted 'speak to your insurance company' I have always meant 'speak to them to determine their T&C's - coverage etc. and not to ask them for advice as if they were your adviser' so I agree with Jake etc.
Nicola Kemmery  
#14 Posted : 23 August 2013 17:37:29(UTC)
Rank: Forum user
Nicola Kemmery

I second (third?) this - as this was my meaning also! Good to know we can communicate clearly!!
jarsmith83  
#15 Posted : 27 August 2013 16:19:31(UTC)
Rank: Super forum user
jarsmith83

Nicola Kemmery wrote:
I second (third?) this - as this was my meaning also! Good to know we can communicate clearly!!
I will hijack this thread slightly by saying, and dare I say this! some forum users find it hard to empathize or try to understand the environment or background of the forum users asking the questions in the first place. I totally agree and third, or whatever it has got to now, that it is not compliance advised when directed to refer to their insurers. Its more of a common sense approach to protecting the company the person seeking the advise works for. After all, are we not here to protect employees and employer? If the question was "In general do forum users think insurance companies provide satisfactory health and safety advice" then the answer would be NO!, from the experience I have had with them. But this is not to generalize, as this is only my experience. Others may correct me and have had different experiences? I refute the comments stating "dropping the shoulder perhaps" as I believe that the contributors of this forum only try and give the best advice and have no reason to 'drop the shoulder'.
Nicola Kemmery  
#16 Posted : 27 August 2013 17:44:06(UTC)
Rank: Forum user
Nicola Kemmery

We all have different backgrounds and have had different experiences. That is why the forum is so useful as you will get a range of responses and opinions - very few things are purely black or white!
Clairel  
#17 Posted : 28 August 2013 12:38:45(UTC)
Rank: Super forum user
Clairel

Repeatedly on this forum there are outcries that the whole H&S profession should not be tarred with the brush of a few and that the Daily Mail stories should not be believed. So why has the whole insurance industry been tarred with the brush of a few and the stories in the Daily Mail? Not all advice from insurance companies is risk averse and not to be trusted. Depends on the insurance company in my experience.
Phil Grace  
#18 Posted : 06 September 2013 16:40:28(UTC)
Rank: Super forum user
Phil Grace

I’ve been on holiday so unable to respond to the thread on asking for advice from insurers. So apologies for a long and late response but there are a few comments I would make in response to the many points made. • Who answered the question: Insurers are generally pretty large organisations so it might depend who answered the query as to the level of usefulness of the response. With the best will in the world if the answer came from an underwriter it is possible that they had a) limited knowledge of H&S and b) did not possess any particular knowledge or experience of real world scenarios. It is also possible that they had little or no knowledge of your particular organisation. That is not to cast any slight upon such persons but simply to state the reality. • Insurer’s “Experts”: Many insurers have teams of people who provide advice to policyholders There will be a range of knowledge and expertise amongst such people. However, some such people will be generalists rather than specialising in H&S matters even if highly qualified and experienced. But generally those dealing with H&S matters will be suitably qualified. However, they may not have the luxury of having worked in an industry sector for many years. So, we had better be careful if we are alleging that such people are not providing suitable feedback. As indicted in 1) above a key factor could well be whether the individual answering your query has knowledge of your particular operations. So if you have been visited by an insurer’s risk management adviser try to put you question directly to them. At least they will have visited your premises! • Ask the right question: As some postings on this very forum reveal if the question asked isn’t well framed or constructed then the answer will not necessarily be of any use. • Criminal vs. Civil: It has to be borne in mind that most employers will want to stay on the right side of the law. But the advice given by an insurer may well be more directed towards civil liability. And they are not 100% aligned. A NEBOSH Diploma holder working for an insurer will be able to give you both views, but they may differ and again it may depend on how the question is framed It also has to be borne in mind that there are contractual duties associated with insurance and these may not necessarily line up with criminal duties. But that doesn’t mean that insurers shouldn’t point out such additional matters out to you nor that they can be ignored. • So like many things this is a complex issue. I’d like to think that most insurers provide reasonable advice but there may well be times when the isn’t quite what the questioner expected. And this could be because o The question was badly phrased o The person supplying the answer hasn’t understood the question or the local circumstance OR o There are sound reasons for advice based on civil law to seem out of step with the requirements of criminal law. Remember: The Govt seems hell bent on reducing the paperwork required under H&S legislation. But in order to defend a civil claim it will still be necessary to prove that risks were identified and assessed, control actions identified and implemented, training delivered and PPE supplied and its use enforced. Sorry for the length of this reply… well done to all who have made it to this point!
KieranD  
#19 Posted : 08 September 2013 07:03:34(UTC)
Rank: Super forum user
KieranD

Phil Grace's thoughtful comments serve as a reminder of the significance of asking (not only) carefully-worded questions. Phil's remarks flesh out the emphasis on knowledge available in documents by Kevin McLoughlin in the article in SHP Sept 2013 While the context of litigation is never to be taken lightly, the account of the development of the current system of civil and criminal Procedural Rules used in Courts in England and Wales by their author, Lord (Harry) Woolf indicate the balances they're designed to respect. It's available in 'The Pursuit of Justice', Woolf, Lord. Oxford University Press. 2008
David Bannister  
#20 Posted : 09 September 2013 10:22:24(UTC)
Rank: Super forum user
David Bannister

I too have just spotted this thread. As a consultant who carries out work for some insurers and also my own book of clients I believe that the question as originally asked is "it depends" It depends on the individual person responding to the query and also to the insurers attitude to customer service. In some instances the individual will be a highly competent and experienced risk management professional who understands that real-life work situations may not always fit the standard approach, whereas others may merely issue a pre-prepared generic response. When I worked for an insurance broker, one of the factors that affected our recommendations on which insurer's products to use in any given circumstance was the quality of its risk management advice and whether the client was likely to need that advice or had sufficient internal expertise to be able to make their own decisions on such matters. Some insurers have great advisors, others do not.
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