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
Admin  
#1 Posted : 07 August 2003 15:22:00(UTC)
Rank: Guest
Admin

Posted By Simon Micklewright Please could someone tell me if as an employee writing Health and Safety policies, whether I have a right to see my companies Public liability Insurance Policy? as our finance manager has refused to show it to me. The reason I ask is to do with supplying First Aid Boxes in Asylum Seeker Hostels. The compulsory element of employers' liability insurance does not cover litigation resulting from first aid to non-employees. However, many public liability insurance policies do cover this aspect, I just wondered where I stood on this. Any help woul be appreciated.
Admin  
#2 Posted : 07 August 2003 17:58:00(UTC)
Rank: Guest
Admin

Posted By Steve Sedgwick Simon You have the right to see the Employers Liability Insurance Cert. Advise your employer that he has duties under the First Aid at Work Regs and advise him what first aid provisions to make. If the Finance Manager is doing his job correctly, he will mitigate any financial risks through insurance. He appears not to need your help so don’t let it bother you. regards Steve regards Steve
Admin  
#3 Posted : 08 August 2003 09:31:00(UTC)
Rank: Guest
Admin

Posted By Bill Elliott If you have sight of the Certificate - it contains the reference details you need (policy no. etc) to ring up the insurers and ask them!
Admin  
#4 Posted : 08 August 2003 10:46:00(UTC)
Rank: Guest
Admin

Posted By Dave Wilson You have no 'right' to see this. However this is petty so don't even bother with it, as an accountant he's to busy counting the beans!
Admin  
#5 Posted : 08 August 2003 11:25:00(UTC)
Rank: Guest
Admin

Posted By john ridley Hi Simon I hope this helps you. Public Liability insurance is not a statutory requirement unlike Employers Liability Insurace (ELI) and you have no right to see any certificate, assuming of course that your employer has actually got Public Liability Insurance cover. First aiders are covered under ELI for incidents at work. This is because the employer retains vicarious liablity under the legal doctrine of the master & servant relationship for the acts or ommisions of their employees in the course of their work and only that. Employers are not responsible for the actions of first aiders or indeed any other employee, which is unrelated to a work activity. Personal liability insuracne is available for first aiders if they wish to cover their personal duty of care to the injured. Most First aid training organisation will introduce this to trainees as part of the course. I hope this explains why you're being refused access to the certificate. Good luck
Admin  
#6 Posted : 08 August 2003 20:54:00(UTC)
Rank: Guest
Admin

Posted By Steve Sedgwick John please consider my approach, this is typical of the advice that I give to first aiders. First Aiders are employees carrying out work on the behalf of the employer; part of their duties is to provide first aid. As such the employer is vicariously liable for their actions or failure to act. Should a First Aider administer treatment “negligently” then the injured party could claim against either the First Aider, or the employer, as the employer is vicariously liable. As the First Aider would be termed in law as “a man of straw ie a man without substance” then the injured party would always be advised to sue the employer who is vicariously liable. Eg. If a hospital patient is negligently treated is the nurse sued or the Hospital? regards Steve
Users browsing this topic
Guest
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.