It has become more and more difficult for businesses to comply with all of the issues required in order to protect both the company and staff. You now have almost three sets of rules to follow.

1. The Health & Safety Executive (and Local Authorities) enforce Acts of Parliament, Regulations and Approved Codes of Practice. Breaches of these are criminal offences.

2. Your Insurance Company's requirements, which are often more onerous and vigorously enforced than the HSE's

3. The need to protect yourself from the explosion in the compensation culture.

Consider the costs involved if an incident should occur:

• You could be fined or, if an individual was held responsible, sent to prison.

• You would have to cover your own legal costs in defending the prosecution.
• You could have to pay the prosecution costs

• If you lost the case, you may face a civil claim for compensation. Note that the company could still be sued even if they win the case, as the burden of proof is lower in civil cases.

• You would have to cover your own legal costs in defending the claim
• You could have to pay the other party's costs

• Your insurance premiums could be increased. Many Employers' Liability insurance premiums are already increasing sharply.
  
  

As you see, there could be seven different costs involved so it makes strong commercial sense to ensure you are compliant. A Health & Safety Executive study calculated that uninsurable costs of an accident were between 8 and 30 times the level of the sum recovered through insurance.

Two Major Points of Action

1. If you are unsure about what you need to do or do not have the time to properly address the issues, obtain professional help you need to in order to protect yourself. It could cost you dearly if you don't.


2. Talk to your broker regarding insurance for legal cover, these days it makes more and more sense.