[ Focus: Insurance ] Heading for a fall?
With a growing number of electrical contractors carrying out work on roofs or high buildings, contracting companies need to be fully aware of their responsibilities, explains Ian Hollingworth of the Electrical Contractors’ Insurance Company
F
alls from height are the biggest cause of workplace deaths and one of the main causes of major injury. According to Health and Safety Executive (HSE) statistics, in 2010/11 there were 6,344 injuries
resulting from falls from height, 20 of which were fatal. In addition, there were 18 fatal accidents involving self- employed subcontractors, out of a total of 469 fall-from- height injuries. Those engaged in the electrical trade frequently have to navigate sloping roofs while carrying tools and equipment and, in recent times, energy conservation programmes involving solar panels have led to a substantial increase in work-at-height activities. All such activities involve risk, and trigger duties and responsibilities under the Work at Height Regulations 2005.
Regulations The regulations apply to employers, self-employed persons and any other person who controls work undertaken at height. Wherever possible, work at height must be avoided. Where, however, it cannot be avoided, the duty holder must do all that is reasonably practicable to prevent anyone falling, through proper planning and organisation, the training of personnel and the use of work equipment or other measures, either to prevent falls, or to minimise the distance and consequences of a fall should one occur. Work at height is an obvious target area for
the enforcement authorities. In the past year, there were 71 convictions for work at height offences, with an average fi ne of £5,060. Those convicted were also ordered to pay prosecution costs – and neither the fi nes nor costs were covered by insurance arrangements. In 2012, a new HSE costs scheme will be introduced
whereby, even in the absence of a prosecution, the HSE will charge those organisations that are the subject of an investigation £133 per hour for their investigation work, in cases involving a material breach of health and safety legislation. For investigations involving more serious incidents, the HSE’s bill could be measured in tens of thousands of pounds. Again, these costs will fall outside of policies of insurance. Any organisation’s claims history will inevitably have a direct
impact upon employers’ liability and public liability renewal premiums. Although average claims costs for accidents involving falls from height are in the region of £25,000 per case, such accidents can have fatal consequences or lead to catastrophic injuries. In those cases, insurers will, as a matter of routine, set reserves for damages and costs at several hundreds of thousands of pounds, if not more. Over time, the legal costs of claimants’ solicitors have
spiralled and, although a recent judicial review of legal costs in civil litigation is likely to see costs fall from late 2012 onwards, the review is not expected to challenge costs in those cases involving more serious injuries and death.
For investigations involving more serious incidents, the HSE’s bill could be measured in tens of thousands of pounds
Procedures Where work at height cannot be avoided, it is essential that all such activities are subject to comprehensive risk assessments tailored to the specifi c tasks in question, backed up by appropriate method statements to ensure that prescribed controls are suffi ciently robust to eliminate the risk of injury. Duty holders should also monitor their systems to ensure they are being adhered to and, where appropriate, take disciplinary action against non- compliant employees. Whenever such proactive steps are taken, it is essential that they are documented and that records are stored securely for ease of retrieval. At the post-accident stage, policyholders need to act
promptly by notifying their insurers, conducting effective accident investigations and making any necessary changes to systems and procedures to protect the health and safety of employees and others affected by their activities. The Corporate Manslaughter and Homicide Act 2007,
and the sentencing guidelines for health and safety offences causing death, have potentially far-reaching and even
ruinous consequences for organisations – and key individuals within them – who fail to conduct their activities in accordance with work-at-height legislation. The enforcement authorities and the courts expect the same exacting standards to be applied
by all organisations engaged in work-at-height, whether they be large or small. It is no defence that the organisation is a small fi rm or sole trader with only
limited resources. It is not uncommon for fi rms to engage electricians and labourers as labour-only subcontractors,
but such organisations should take note – the courts will not allow them to avoid their responsibilities by entering into subcontract arrangements in the hope of
About the author
Ian Hollingworth Ian Hollingworth ACII is claims manager at Electrical Contractors’ Insurance Company Ltd.
avoiding employers’ duties. It is worth emphasising that the regulations apply not only to employers but also to those who control work-at-height activities. Those who fl out or ignore the regulations will do so at their peril.
■ For further information, call 08450 343 250, email
ECIC@eca.co.uk or visit
www.ecic.co.uk
January 2012 ECA Today 63
SHUTTERSTOCK/AUREMAR
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