Although we are all enjoying a long warm summer, with little thought at present being paid to the forthcoming cold dark days of winter, just to cheer us all up The Daily Telegraph has resurrected the old chestnut about legal liability from gritting beyond your properties boundaries. On Monday 26th July the newspaper reported that “The Institution of Occupational Safety and Health (IOSH) gave a warning that clearing and gritting the pavement could lead to legal action if somebody was injured.”
The original misrepresentative article appeared in The Sunday Telegraph and The Mail on Sunday in January earlier this year, quickly followed by articles in The Sun and The Daily Express. When the true facts materialised the latter two newspapers published retractions.
The true fact is that this was not the position adopted by IOSH then and is not the position adopted by IOSH now. IOSH urges businesses and communities to be good neighbours and do the right thing by clearing snow and ice from beyond their own boundaries and make sure that the task is carried out thoroughly. It is the object of health and safety to protect life and limb, not endanger it, so there is next to no risk of a public liability claim against your business insurance for clearing an icy path.
IOSH who have published the original story and rebuttal on their website have again expressed frustration at the new article which again misrepresents their comments.
IOSH is at present working closely with Lord Young as he undertakes his review into the growing risk aversion and fear of being sued in this country. It is to the benefit of everyone that sensible health and safety decisions are correctly made to the benefit of all.
Everyone agrees that excessive fear of litigation is contributing to bad health and safety decisions and such reporting does little to remove this fear. Still have the press have ever let the truth get in the way of what they think is a good story?
For more information on risk management, public liability insurance and business insurance, speak to Alan Boswell Insurance Brokers on 01603 218000 or visit our website – http://www.alanboswell.com/business-insurance/
Thursday, 19 August 2010
To Grit or Not to Grit? That is the Question.
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