Building Services Engineering Liability Overview

T Level Technical Qualification in Building Services Engineering for Construction (Level 3) 1. Health and safety in building services engineering 1.2 Public liability and employer s liability PowerPoint 3: Public and employer s liability # of 22 1 of 9

T Level Technical Qualification in Building Services Engineering for Construction (Level 3) Objectives By the end of the session, learners will be able to: state what liability means understand the difference between employer s and public liability identify the implications of public liability identify the implications in terms of employees and public injury. # of 22 2 of 9

T Level Technical Qualification in Building Services Engineering for Construction (Level 3) Liability What is liability? If something goes wrong on site, who is to blame? employer employee public someone else? # of 22 3 of 9

T Level Technical Qualification in Building Services Engineering for Construction (Level 3) Employer s liability The employer is responsible (liable) for any work undertaken by the employee in the course of his/her employment (sometimes called vicarious liability ). The employer is legally responsible for any: problems, accidents or mistakes the employee has made injuries to the employee at work injury to the public due to the work being carried out associated medical costs associated legal costs associated loss of income. However, the employer can take out an employer s liability insurance policy which should cover some of the costs associated with the above issues. # of 22 4 of 9

T Level Technical Qualification in Building Services Engineering for Construction (Level 3) Employers liability a case study A trainee gas engineer fell through a ceiling due to there not being adequate light for him to work in an attic. The employer was found guilty of not providing adequate equipment for the employee which led to him falling through the ceiling and sustaining several serious soft tissue injuries. In this case the claim was settled for 10,000, of which the employer only paid 250 (due to having insurance). # of 22 5 of 9

T Level Technical Qualification in Building Services Engineering for Construction (Level 3) Public liability The employer is responsible (liable) for a situation in which a member of the public is hurt or damage is caused to their property by a company s actions or products. The employer is legally responsible for any: injury or illness death legal action legal costs compensation. However, the employer can take out a public liability insurance policy which would cover certain costs associated with the above issues. # of 22 6 of 9

T Level Technical Qualification in Building Services Engineering for Construction (Level 3) Public liability a case study A plumber got himself into hot water after he was contracted to fit a new bathroom. A plastic push fitting he had installed failed, causing water to leak through the property for around 12 hours, affecting neighbouring houses as well. In this case the claim was settled for 150,000, of which the plumber s employer only paid 400 as the firm was insured. # of 22 7 of 9

T Level Technical Qualification in Building Services Engineering for Construction (Level 3) Liability insurance As you can see from the case studies, it is very important to have both employer s and public liability insurance to cover the costs of any damage, accidents or incidents that may arise due to the work that you or your company has completed. These insurance policies can be purchased separately or as a package with the same provider, and can be paid for in a lump sum, or by monthly payments. There are lots of different providers and levels of cover available, and it is best to talk to an insurance broker who can discuss your requirements and recommend a level of cover that is suitable for your business needs. # of 22 8 of 9

T Level Technical Qualification in Building Services Engineering for Construction (Level 3) Any questions? # of 22 9 of 9