‘ A signed , dated document is the crucial piece of evidence a contractor needs to defend a liability claim .’ |
Evidence
What is needed is evidence that the worker read the risk assessment , understood the risks and signed and dated the Health and Safety policy document prior to them commencing the work . The ECA has guidance for contractors needing support in this area . It really is a case of dotting the I ’ s and crossing the T ’ s . It may seem , in an age of online communication , to be out of step with modern systems and processes , but perhaps that is precisely the point – when we sign anything these days – it means something . It makes us really think about what we are agreeing to . And that is why a signed , dated document is the crucial piece of evidence a contractor needs to defend a liability claim . There can be no argument that the risk was not made clear to the worker and they cannot claim to have misunderstood the potential hazard .
ECIC has vast experience of dealing with claims for electricians who suffer injuries at work . Claims cases where an employee just should have known better and the contractor feels the risk is blindingly obvious are not uncommon . However , without a proper risk assessment detailing the risks and control measures shown to and signed by the workers involved , the contractor leaves themselves open for criticism by the courts for not taking all reasonable measures to protect their employees . While lack of common sense can sometimes be argued as a contributing factor it does not protect a firm entirely if their health and safety mechanisms are found wanting .
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But the fact is , creating a paper trail to evidence that health and safety risk management practices are firmly in place and have been followed can make a big difference to claims outcomes . Evidence that the worker understood the potential risks of the work they were undertaking and the controls in place can be used to successfully defend a claims case if the prescribed control measures are not followed properly – without this evidence , firms will be in a much weaker position .
Assumptions have a lot to answer for in this market . An electrician with a CSCS card is deemed fully qualified and competent to do the job . Perhaps it ’ s
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easy to assume they ‘ know the drill ’ and don ’ t need to have the risks spelt out ? A contractor with a neat folder detailing its health and safety practices and risk assessments may feel they have fulfilled their obligations and will be immune to breaches of health and safety law . These are unfortunate misconceptions and will not stand up in a court of law as evidence that the proper risk assessments were undertaken to protect the worker , if those documents are not provided to the employee . This exposes the contractor to claims for civil damages and , if serious enough , a prosecution by the HSE which may lead to a significant fine or even imprisonment . |
A seemingly innocent incident can escalate into legal action that takes years to resolve . |
Their risk is your risk
This process of creating a paper trail applies equally to labour only subcontractors covered under the main contractor ’ s insurance . With skills shortages , such a significant issue for the electrical contracting sector , reliance on labour only subs has become a matter of survival for many smaller contractors . But treat them as you would an employee and ensure they sign health and safety documents at the outset of each new contract . Their risk is your risk .
The way insurance claims are treated is changing in the contracting sector as a result of the Insurance Act and the Enterprise and Regulatory Reform Act , promising a fairer outcome for contractors and speedier claims settlement times . But these changes do not lessen the duty of care electrical firms have for their workers and labour only subcontractors . In contrast the new Health and Safety Sentencing Guidelines have dramatically increased the level of fines firms may face thus increasing direct exposure to their business .
The good news is that the vast majority of electrical contracting firms are already working within the bounds of health and safety law , it just needs small changes to their day-today practices to put this paper trail in place so that if evidence is ever needed , it is there .
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