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Posted By Peter Harvey
I am currently carrying out some work for a national charity; it in the main involves risks assessment of lower risk operations, which take place in host premises. I would be interested to hear the forums views on professional indemnity insurance. Whilst my advice is as competent as I can make it the question of ‘what insurance cover do you have’ has been asked. Also how might the HSE or an LA enforcement office view my advice, should an accident occur? At the end of the day if I did not do this work it would not be done! Any pointers and opinions would be most welcome.
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Posted By Paul Keeping
Peter,
You do not say what your qualifications are to provide this competent advice. Assuming that you are competent, which at the end of the day might be tested in court, and that you are being paid for this work, it would be my view that you should have both professional indemnity and public liability insurances. This, of course, is expensive and would be priced into your daily/hourly rate for such jobs.
As it is a charity you may be helping them out without payment. If that were the case I believe the colour is a shade greyer. Is there is a lawyer within the forum who might have a view.
Paul Keeping
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Posted By Francis Quinn
Whilst there are a number of companies offering Professional Indemnity- the one I used was Bland Bankart in Leicester on 0116 254 6221. My contact was:
Joanne.Greenwood@leic.blandbankart.co.uk
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Posted By Andy Lucas
Peter,
You are right to raise the issue. It is significant that there have been a number of well publicised recent prosecutions of consultants by the HSE.
If the advice you give is wrong, amounts to negligence and there is a resultant breach of HASWA Sec 3, then beware, you maybe criminally liable for your actions. Irrespective of that, you will always bear some degree of civil liability for your actions. It's a tough world!
Andy
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