The risks of ignoring H&S legislation
August 1st 2004

Tony Hughes, Managing Director of Hughes Safety Showers is calling for insurance companies to remind policy holders of the risks they take by ignoring legislation. It comes in response to the insurers claim that, in view of mounting litigation, they cannot continue to keep paying for injuries to employees at work.

At present, insurers put more conditions on policy holders to protect property than they do to protect people, says Hughes.

Property insurers insist that policy holders have certain types of equipment, such as fire extinguishers, sprinkler systems and alarms systems, or written maintenance contracts with a qualified service provider. Liability insurers do not impose similar conditions, in part because protective legislation already exists.

As a result of this, some employers do not even purchase safety equipment, explains Hughes. And of those that do, many fail to properly maintain it. Often, they try to do it themselves, but without the correct servicing equipment or spare parts, the inexperienced find it very difficult, if not impossible, to do properly. Consequently, people are at risk because vital safety equipment is not available or not in good working order.

Legislation does cover such issues but companies need to be reminded that breaches of H&S legislation not only puts lives at risk but means there is a potential for prosecution and possible repudiation of liability.