www.glasgowchamberofcommerce.com 43 “While the broker will be
your first port of call, your legal representatives can offer advice in identifying any exclusions you had not realised were there, and discuss with you the extent of the insurance cover provided,” adds Kevin. “It is also important to be
aware of the extent of any legal expenses cover that may be required should there be an investigation or prosecution following an incident.” While corporate
insurance, correctly applied, will cover most risks, there remains the possibility that an individual manager or owner can be personally held to account. The Health and
Safety at Work Act says individual directors or senior managers may be liable where
Kevin Clancy
a company fails to meet its obligations and the failing is due to the
director’s “consent or connivance” or where their neglect permitted the safety failure. The important thing is
to be constantly aware of the dangers and to have robust procedures in place to prevent accident, illness or injury wherever possible. Take a solid belt-and-
braces approach and monitor your rules and practices constantly and carefully. Then, if anything untoward does happen, you shouldn’t have to worry about the law, your reputation – or, indeed, the very future of your business.
YOU CAN FIND MORE INFORMATION ABOUT THESE RESPONSIBILITIES ON THE HSE WEBSITE AT
HSE.GOV.UK
Contact Shepherd and Wedderburn online at
www.shepwedd.com and Kevin at
www.shepwedd. com/people/kevin-clancy
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