Influence of Insurance Companies London H&S Group 13 December 2012 Presented by Kate Gardner, Business Manager H,S & FM
Established 1995 Specialist health and safety, HR and Environmental training and consultancy company Key Services Audits, inspections, Safety Mgmt Systems Training – accredited/public/in-house Membership Services – advice, information, products www.workplacelaw.net About Workplace Law
Agenda • Types of Insurance • Impact on Business • Civil & Criminal Impact • Lord Young Report • Accreditation Schemes • Case Studies
Types of Insurance • Do you know what type of insurance you have? • Does it relate to your working practices?
Insurances available • Liability Insurance • What is covered? • How is it calculated? • Employers Liability • Public Liability • Property & Products • Professional / Directors / Officers.
Employers Liability Insurance • Compulsory £5M • Working abroad? • Restrictions & conditions • Electronic vs Paper • Exemptions • Fines and penalties.
Public Liability • Others visiting your business • Home Working • Employees working on other sites • Not compulsory apart from horse riding establishments • Clients often require proof.
Product & Property • Physical items sold or given away • ‘fit for purpose’ • When are you liable? • Landlord vs business owner.
Directors and Professional Indemnity • Mistakes or negligence in services provided • Acting outside of ‘terms of reference’ • Legal costs covered • Legal requirement for certain professions • Claims covered only on ‘live’ policy
Business Impact • Enforcement Action • Prosecution and fines – legal compliance • Staff Morale – perceptions • Loss of Reputation • Securing new business • Increased insurance Premiums as result.
Prosecution and litigation • Increase in claims management companies • Pubic awareness – Sue without financial risk • Incentivising Lawyers to charge high fees • Referral Fees • £250 /case 2004 • £800 /case 2010.
Injury Costs Recovery Scheme • NHS can claim costs of hospital treatment where personal injury compensation is paid • On or after 29 Jan 2007
Law Society & Bar Council 2009 recommended that referral fees be stopped “they have the potential to limit access to justice and reduce the quality of legal services on offer.”
Lord Young ReportCommon Sense, Common Safety • Greater control required around advertising for PI Claims Companies • RTA PIS upper limit extended to £25K • Good Samaritan Clause • Insurance Companies to review practice of insisting SME’s employ H&S consultants.
Accreditation Schemes • CHAS - Consideration if looking to work with NHS or Government Organisations. • Safe Contractor – Kellogg, Debenhams, Home Retail Group, General Motors
Case Studies • MMoser Associates • Principal Contractors for major refurbishment projects. WPL were appointed to guide them through OHSAS 18001 Safety Management accreditation. Impact – insurers carried out audit of their systems – no recommendation and reduced insurance premiums
Case Study • Roche based WGC • 300 fleet cars & 200 essential business drivers • Sales reps 40,000 miles/year • Initial training – refresher every 2 years • 20% reduction in accidents.
And Finally….. • no win no fee
Any Questions? Kate Gardner & Simon Toseland www.workplacelaw.net