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Scott-Worthington233  
#1 Posted : 17 June 2014 15:05:15(UTC)
Rank: New forum user
Scott-Worthington233

During some of the work I have been undertaking in assessing workplaces, I have come across and am still coming across small companies that do not have ELI. Please can we discuss the obligation to report such companies to the HSE, if this is the correct path please can someone assist with the appropriate contact in the HSE. Thank you
pl53  
#2 Posted : 18 June 2014 07:21:58(UTC)
Rank: Super forum user
pl53

ELI is compulsory for most employers following the introduction of the the Employers’ Liability (Compulsory Insurance) Act 1969 which requires employers to have at least a minimum level of insurance against any claims for compensation following an injury at work. The minimum level of cover is £5m The following are extracts from the guidance issueed by the DWP: "All employers must have employers’ liability insurance except the following: most public organisations including government departments and agencies, local authorities, police authorities and nationalised industries; health service bodies including National Health Service trusts, health authorities, primary care trusts and Scottish health boards; some other organisations which are financed through public funds, such as passenger transport executives and magistrates’ courts committees." "There are also exemptions for certain family businesses. Your employer will not need employers’ liability insurance to cover you if you are closely related, ie if your employer is your husband, wife, civil partner, father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother or half-sister. However, this exemption does not apply to family businesses which are incorporated as limited companies." So as you can see it may not be as simple as you think. Firstly are the small companies you speak of family businesses employing relatives. Are they "one man band" operations. Secondly you speak of an obligation to report these businesses to the HSE. There is no obligation, you report them if you want to, you aren't obliged to unless it is part of your contract in assessing workplaces to do so. If you do decide to report them to the HSE and you are certain that they aren't exempt as a family business employing relatives then you can do so at any local HSE office. The employer can be fined up to £2500* for any day on which they are without suitable insurance. If they do not display the certificate of insurance or refuse to make it available to HSE inspectors when they ask, they can be fined up to £1000
Ali Sooltan  
#3 Posted : 18 June 2014 13:13:09(UTC)
Rank: Forum user
Ali Sooltan

HSE will enforce this in all premises regardless of who the enforcement agency is. Simply call your local office and they might pick it up durung an inspection. It depnds entirely on the local office as some HSe inspectors are busier than others. Also the are well under resourced at the moment.
pete48  
#4 Posted : 18 June 2014 15:47:20(UTC)
Rank: Super forum user
pete48

"Since 1 October 2008 you have been allowed to display your certificate electronically. Employers choosing this method need to ensure their employees know how and where to find the certificate and have reasonable access to it. Factors to consider include the availability of the chosen format and ensuring employees understand how to use it. For example, this arrangement may be suitable where all employees have access to a computer as part of their job". HSE 40(rev4)
Scott-Worthington233  
#5 Posted : 07 July 2014 07:57:59(UTC)
Rank: New forum user
Scott-Worthington233

Thank you for the comments, for the instances that I have come across the business have not been exempt. The companies have admitted to not having insurance. I will make contact with my local HSE office, whilst appreciating that they are under resourced.
Evans38004  
#6 Posted : 07 July 2014 08:15:30(UTC)
Rank: Forum user
Evans38004

Seems a brave choice. Not sure about your role in this scenario. If you conducting these inspections as a pre-contractual "project" then they should be excluded from the tendering list. However if the inspection is as a consultant for companies that have asked you in to assist, and you have identified a non-compliance & then failed to persuade the clients that they need to comply, you are now going to inform the HSE!?! What message are you sending to the these / future clients? Will you be expecting repeat trade from them? Difficult choice - all the best
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