INSURANCE
TAKE COVER
From protecting priceless artefacts to ensuring employees’ wellbeing, the responsibilities of an operator are endless. Here, two insurance experts offer advice on how to protect your most priceless assets
STEFAN PUTTNAM
EXECUTIVE DIRECTOR
JARDINE LLOYD THOMPSON
CORPORATE MANSLAUGHTER
Attractions operators must do more than pay lip service to health and safety, in light of the fi rst case brought under the Corporate Manslaughter Act 2007. Employers now risk being held person-
ally liable if an employee is killed while doing their job. An organisation is guilty of corporate manslaughter if the way in which its activities are managed or organised causes death, and amounts to a gross breach of the duty of care. In the fi rst landmark case, the Crown
Prosecution Service authorised a charge of corporate manslaughter against Cotswold Geotechnical Holdings in rela- tion to the death of employee Alexander Wright in September 2008. Mr Wright, 27, was gathering soil samples in a trench, which collapsed and killed him in Stroud, Gloucestershire. If found guilty, the organi- sation is liable to an unlimited fi ne and guidelines state the sum should be signifi -
cant (seldom below £500,000 (US$770, 566,000)) in order to act as a deterrent. Peter Eaton, a director of the company, has also been charged with gross negli- gence manslaughter and with an offence contrary to Section 37, Health and Safety at Work Act 1974. The case is currently adjourned because Eaton is undergoing medical treatment, but the results will have serious implications for employers.
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PREVENTION
There’s no better defence against a convic- tion than a robust health and safety system that will help prevent accidents in the fi rst place. Employers have a responsibility to provide a safe workplace. If they fail to do so, they’re unlikely to be in a position to defend an action made against them if a member of staff is injured. Risk assessment and the implemen-
tation of safe working methods isn’t a diffi cult task and can be achieved relatively quickly. Many organisations employ their own dedicated health and safety manager, whereas smaller businesses often engage the services of an external consultant. Both options are perfectly acceptable, but the buck doesn’t stop there – everyone has responsibility. Employees at all levels must also take responsibility for their own health and safety and that of others, ultimately cooperating with senior management to ensure compliance with the law. Employers must bear in mind that risk
management work of this nature will pro- vide crucial evidence – central to their defence – if a case is brought against them. All attractions providers should review
their health and safety management proce- dures to ensure that they are taking proper steps to meet the current legal duties. Although the health, safety and wellbeing of your staff should at all times be con- sidered the primary driver, implementing and evidencing robust health and safety protocols will also enable your broker to negotiate respectable premium reductions.
Read Attractions Management online
attractionsmanagement.com/digital
CLARE PARDYS FINE ART
UNDERWRITING MANAGER
ECCLESIASTICAL
PROTECT YOUR MUSEUM
One of the tasks of a museum manager is to achieve a balance between protecting valuable artefacts from damage and dan- ger, while at the same time giving visitors enough opportunities to see them. So, how do you ensure that these valu- ables will remain safe for visitors to enjoy and future generations to admire? Having good risk management proc- esses in place is vital. Of course, accidents do happen and some events are beyond our control, but most incidents can be avoided if procedures have been well thought through in advance. For exam- ple, making sure items held in storage are protected from water damage from leaking pipes is a simple step everyone can take, but this is often overlooked and water dam- age is one of the main causes of claims on stored valuables. This, and other storage damage, could be prevented through regu- lar checks of storage areas and careful racking and protection of items.
AVOIDING ACCIDENTS
Security risks are also high on the agenda for museum managers and specialist insur- ers. Sticky fi ngers and accident-prone individuals can sometimes cause real headaches for museum security, unless good protective measures are in place. An example of the sort of incident that
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