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I’m looking to put together a disclaimer document that I can issue to ‘clients’ who I have given H&S advice to, is there a standard document that can be used for this purpose?
I have the appropriate liability insurance and qualifications to give H&S advice but I’m looking to further protect myself with some written documentation.
Thanks
Martin
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Why are you looking to disclaim yourself from advice you are giving? Surely this may be off putting to clients?
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Rank: Guest
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if for example I put together a Fire Risk Assessment for client which contains recommendations which they need to carry out I'm looking to ensure that I have something in writing that has been passed onto the client that details that the responsibility lies with them to carry out recommendations.
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Rank: New forum user
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Perhaps disclaimer is not the right word. The IOSH Professional Code of Conduct referred to in the John Lacey/Bob Arnold article (SHP Feb 2011) and the article itself are worth reading if you haven't already.
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Rank: Super forum user
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Why not just say something like - this assessment has been carried out on behalf of the responsible person who, in accordance with etc. etc. now quote from the rrfso?
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Rank: Super forum user 
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That's an obvious legal responsibility of the client/duty holder/ employer. Perhaps the term "disclaimer" could be turned around to a less contentious term, such as "statement of extent of liability"?
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Rank: Guest
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Scouse694 wrote:Perhaps disclaimer is not the right word. The IOSH Professional Code of Conduct referred to in the John Lacey/Bob Arnold article (SHP Feb 2011) and the article itself are worth reading if you haven't already. I haven't seen this article, is it online?
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Rank: Guest
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ChrisBurns wrote:Why not just say something like - this assessment has been carried out on behalf of the responsible person who, in accordance with etc. etc. now quote from the rrfso? yes thats ok when completing a FRA as in the example I gave but I was looking to have some sort of wording that I could use on all work and advice.
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Rank: Guest
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ron hunter wrote:That's an obvious legal responsibility of the client/duty holder/ employer. Perhaps the term "disclaimer" could be turned around to a less contentious term, such as "statement of extent of liability"? Yes I think you are right, disclaimer is not the correct term to use and as you say I need to come up with a statement of extent of liability, does such a thing currently exist?
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Rank: Super forum user
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I genuinely think that any H&S area disclaimer is a waste of words
U cannot protect yourself from the law and I am concerned that a person acting as a consultant is asking about such things. If U are talking about the words in your T&C's then business protection is needed but again a person in business should know this so get some professional legal advice re contractual areas
U can protect yourself via the T&C's that U have for many areas but U cannot protect against what is seen in a court by a judge as bad or questionable advice and guidance that U have given. Thereafter a client may want to sue U and they have that privilage ---- you civil defence would have to be such that it is able to fight off any claim about the quality etc of your advice etc
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Rank: Super forum user
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I use a disclaimer in terms of anything that they have no divulged to me or shown me i will not be liable for. also if they do not assist me in carrying out any assessments than i can only go on what I'm able to discover.
Also information that i provide should not be used by third parties for quoting for work or other purposes. I also list my relevant qualifications.
You could be faced with a situation where a plantroom burns down and had no fire detection if the client didn't show you this plantroom or make you aware then i want to make it clear I'm not liable.
Also if the client lies to you about information you ask for then this clear states in the disclaimer I'm not liable for what they don't divulge.
i don't think it's about removing your liability but making it clear the client needs to be up front and honest for you to be able to do your job.
PM me if you want a copy with your email address. please read what i have put together before using it though as you may have to stand up and put reasoning behind the wording.
Phil
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Rank: Super forum user
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Surely the situation will depend on the terms on which you are carrying out the business. If the terms are simply that you will review a situation and provide suitable advice, then provided your advice is suitable and sufficient this is where your liability ends. If the terms were that you would oversee the implementation of any advice, then you are in a different situation and the contract with the client should cover who is responsible for what.
Of course, I always include a statement in any report to the client to the effect that my comments and recommendations are based on the information available to me at the time of writing the report plus any observations and additional information obtained, for example during a site visit. I checked this out with my insurance provider some time ago and they were perfectly happy with this.
Chris
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Rank: Super forum user
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Chris
Exactly what i cover in the statement at the front of each report.
Phil
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Rank: Super forum user 
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quote=Martin]
if for example I put together a Fire Risk Assessment for client which contains recommendations which they need to carry out I'm looking to ensure that I have something in writing that has been passed onto the client that details that the responsibility lies with them to carry out recommendations. I agree with Ron. You don't need a 'disclaimer' for that scenario, I suggest it would be superfluous. If you make a recommendation and pass it on, then 'they' can either accept your recommendation or not. Any liability that MAY arise from them not doing so, is likely (almost certainly) going to rest with them.
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