Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
thunderchild  
#1 Posted : 10 December 2018 08:53:01(UTC)
Rank: Forum user
thunderchild

Right, forgive me buts its Monday, too early and I've not had enough coffee........can someone just confirm if I'm right in my thinking....

You cannot put on a document that an employee signs that states the the company can be exonerated of any blame of an employee has an accident?

Isn't that what duty of care and vicarious liability is? Its the companies duty to ensure an employee is correctly supervised and follows their training??? Most of the time accidents are usually managerial faliures as its root cause.

I may have also killed some brain cells at the Christmas do.....

Roundtuit  
#2 Posted : 10 December 2018 09:14:15(UTC)
Rank: Super forum user
Roundtuit

No contract can exclude negligence resulting in personal injury or death and only the courts can determine if negligence occurred

Ergo any piece of paper signed by an employee exonarating the employer has no legal standing so is a waste of time and effort to complete.

http://forum.iosh.co.uk/posts/t127660-Minor-Injuries-Disclaimer

thanks 4 users thanked Roundtuit for this useful post.
thunderchild on 10/12/2018(UTC), A Kurdziel on 10/12/2018(UTC), thunderchild on 10/12/2018(UTC), A Kurdziel on 10/12/2018(UTC)
Roundtuit  
#3 Posted : 10 December 2018 09:14:15(UTC)
Rank: Super forum user
Roundtuit

No contract can exclude negligence resulting in personal injury or death and only the courts can determine if negligence occurred

Ergo any piece of paper signed by an employee exonarating the employer has no legal standing so is a waste of time and effort to complete.

http://forum.iosh.co.uk/posts/t127660-Minor-Injuries-Disclaimer

thanks 4 users thanked Roundtuit for this useful post.
thunderchild on 10/12/2018(UTC), A Kurdziel on 10/12/2018(UTC), thunderchild on 10/12/2018(UTC), A Kurdziel on 10/12/2018(UTC)
Clark34486  
#4 Posted : 10 December 2018 09:18:54(UTC)
Rank: Super forum user
Clark34486

Always amazes me that people think there is such a thing as exoneration in the H&S genre.

thanks 2 users thanked Clark34486 for this useful post.
A Kurdziel on 10/12/2018(UTC), thunderchild on 10/12/2018(UTC)
thunderchild  
#5 Posted : 10 December 2018 09:19:54(UTC)
Rank: Forum user
thunderchild

Me too but they have me now. I'll get them where they should be.

sibob  
#6 Posted : 10 December 2018 09:20:42(UTC)
Rank: Forum user
sibob

Surely if this was the case we could just do away with health and safety completely as this would make hasw obsolete 

A Kurdziel  
#7 Posted : 10 December 2018 11:30:19(UTC)
Rank: Super forum user
A Kurdziel

Originally Posted by: sibob Go to Quoted Post

Surely if this was the case we could just do away with health and safety completely as this would make hasw obsolete 

A possible future scenario?

Users browsing this topic
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.