Volunteering Australia is the national peak body working to advance volunteering in the Australian community.  Its role is to represent the diverse views and needs of the volunteer sector while promoting the activity of volunteering as one of enduring social, cultural and economic value.

Their website provides a number of guides, booklets and articles about topics of interest for volunteers and volunteer organisations including risk management, safety and insurance issues.

Risk Management for cultural and sporting events is currently quite a hot topic and effective selection, training and management of volunteers for these events is crucial to the success of the event.

Event volunteering is a form of volunteering that is attracting people in increasing numbers. There are significant differences between the event volunteer experience and ongoing volunteer experience, and these have implications for organisations’ recruitment strategies, the management of risk, and skills development and training. Some resources in this guide use the terms ‘short-term volunteering’ or ‘episodic volunteering’, rather than ‘event volunteering’.  Whichever one is used, all the resources listed are about issues to do with event volunteering, rather than ongoing volunteering. SEE THE FULL GUIDE

Many contractors are not directly concerned for the safety of your customers and need assistance and close monitoring. For the purposes of risk management “contractors” can be considered in three categories:

1.      Contract Labour are usually from employment agencies, and are employees of that agency.  Typically these contractors work as if, in all other respects, they are employees.  These staff should be inducted, trained and supervised, as if they were employees.  Although their workers compensation is the responsibility of the employing agency, the “host” organisation has the same statutory responsibility for their safety as if they were employees. It should also be noted that the employing agency also has statutory responsibility for the safety of their employees, and have been prosecuted in New South Wales.  However, this does not lesson the responsibility of the “host”.

2.      Independent Contractors are at the other end of the spectrum.  Typically these are organisations that provide specialised services on an as required or specific project basis.  These would include plumbers, electricians, maintenance and service personnel, builders undertaking renovations and consultants.  Often these contractors are proprietary limited companies, and may themselves use sub-contractors.  Usually they will be expected to be in control of the workplace, and provide their own safe work procedures and training.  If, however, such contractors are to work alone, then it is appropriate to ensure they are inducted into the site, appropriate to the risks to which they are exposed.  Typically such induction should include information and instruction on:

• Fire and evacuation
• Danger tag and isolation procedures
• Confined spaces
• Hot work cutting and welding permit procedures
• Personal protective equipment required on site
• Public safety rules (e.g. the use of warning signs when cleaning)
• Security procedures
• First aid arrangements.

3. Contractors working under direction and control of the host organisation management and staff could include contract cleaners, trolley collectors, security personnel, and maintenance staff.  They may be employees of larger organisations, or independent self-employed persons.  In some circumstances they may be deemed to be employees for some purposes (e.g. workers compensation), but non-employees for other purposes (e.g. unfair dismissal).

The level of liability for workers compensation, OH&S regulations, and for their actions and failures in the event of a common law action, will depend upon the particular circumstances of the relationship and the facts of the incident.

It is particularly important that the responsibilities of these contractors are very clearly established.  It is essential that their insurance coverage match these responsibilities. Such staff should be inducted, trained, and supervised to the same standard as employees.

Copies of insurance certificates should be obtained and reviewed annually for all contractors. Failure of a contractor to hold adequate Public Liability (and Workers Compensation) insurance, may result in a claim being borne unnecessarily by your Insurers. The failure of a contractor to have a site risk management plan and appropriate safe operating procedures applied by trained personnel, could result in breach action against the Centre in the case of an accident.

GENERAL PROCEDURES

You must obtain a copy of the contractors’ workers’ compensation and public liability policy documents or at least written evidence which indicates:

a)       Name of insurer

b)       Policy expiry date

c)       Sum insured - Note:  must be at least $10,000,000 – in the case of public liability

d)       That “Principals Liability” extension is included in the scope of the public liability cover provided

Before commencement of work, ensure the following:

a)       Set up a file on each contractor.

b)       Contractor’s site specific and general OH&S responsibilities and liabilities are described in contracts.

c)      Contractors produce evidence of successfully completing similar jobs and provide a history of their accident performance.  Check this performance with the appropriate authority (eg WorkCover).

d)       The contractor has adequate proof of both Public Liability and Workers Compensation insurance and that this is verified by their insurer.

e)       Principals Liability Extension is included either in the contract or their Public Liability Insurance documents.

f)       That the contractor has identified all hazards associated with the work and has a Risk Management Plan to remove the hazards.  (Place in contractor’s file)

g)           That the contractors Risk Management Plan includes Safe Operating Procedures

h)           That all contractors staff are Inducted into Safe Operating Procedures for the Centre and the job.

i)        The contractor is supplied with the site specific rules and procedures required by the Centre  and they sign off and date the document.  (Place in contractor’s file)

During the period of work, ensure:

a)       That the contractor is complying with the properties rules and the contractor’s Risk Management Plan by regularly inspecting the work site.

b)           Issue a documented non-conformance whenever there is a breach of the rules or plans and place copy in contractors file.

(Note: If contractor still fails to rectify problem, you should organise to do so and back charge the contractor in question.)

c)           Document the minutes of all contract review meetings and their resulting decisions and place copy in contractors file.

d)           The contractor’s insurance is still valid by re-checking with their insurer.

On completion of the work, ensure:

a)       The contractor leaves the site in a tidy manner with no inherent risks to people who will use the area.

b)     Document any infringements by the contractor and your corrective action and keep this information on record in case of future dealings and the possibility of back charging the contractor for that work.



Despite all the careful planning, things can still go wrong, and usually these are out of your control. This could include theft of equipment, injury to a guest etc. You should protect yourself by obtaining adequate insurance cover.

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Some useful Event Risk Management Resources:

Courtesy of ACEM

Risk Management

• Australian/New Zealand Standard AS/NZS 4360:2004 – Risk Management
• Code of Practice for Risk Management of Agricultural Shows and Carnivals (40p. PDF) – Workplace Standards Tasmania.  Download from website.
• Commercializing the Carnivalesque: The V Festival and Image/Risk Management (Journal article) in Event Management, Volume 12, Number 1, 2009 , pp. 39-51.  Available FREE to UTS staff and students via Library Catalogue.  Or purchase from IngentaConnect website.
• Corporate Governance – Links to websites on Corporate Governance from the CorpGov.net site.
• The Cost of Regret: The Role of Risk Management in Event / Venue Safety Planning (9p. PDF) – Article by Andrew Tatrai giving an Australian perspective on risk management in relation to effective crowd management.  Download available.
• An Event Risk Management Plan – Triathlon Race, Vicsport, Help Sheet 7 – Case Study (4p. PDF)
• Governing mega-events: Tools of security risk management for the London 2012 Olympic Games and FIFA 2006 World Cup in Germany, 2009 (19p. PDF) – Conference paper presented by Will Jennings and Martin Lodge at the 59th Political Studies Association Conference in Manchester, April 2009.
• A Guide to Risk Management of Public Events, 2006 (42p. PDF) -  ACT WorkCover report providing practical guidance for safety management at public events.
• Handbook: Event Risk Assessment – from the BizParade website.  Includes link to Event risk assessment & checklists.
• Health & Safety and Risk Management, 2005 (41p. PDF) – UK Sport - Staging Major Sports Events: The Guide.
• “It’s a bit of a minefield” (44p. PDF) – Findings from the Legal Issues and Resources Survey of NSW Volunteering Organisations. Identifies the legal issues and needs of volunteering organisations, the resources they draw on and suggestions about how to improve access to appropriate legal information and resources.
• Managing Risk at Community-Sponsored Events: A comparative study (15p. PDF) – Wayne Fallon and Elizabeth Sullivan (Conference paper) in The Impacts of Events (659p. PDF) – Proceedings of International Event Research Conference (Sydney, July 2005), pp.382-397.
• Preparations for the London 2012 Olympic and Paralympic Games – Risk assessment and management, 2007 (42p. PDF) – National Audit Office.
• Risk Assessment in Event and Filming Activities, 2000 (14p. PDF) - preferred Practice Notes for organisers proposing events or filming activities in the City of Westminster on the public highway or in council managed areas of the City.
• Risk and Compliance in Australia: The Issues and Trends as seen by Practitioners, 2008 – SAI Global report focuses on a select group of highly regulated industry sectors.  Full report download available.
• Risk management (Chapter 18) in Festival and Special Event Management, 4th ed. 2008, pp.587-618,  Johnny Allen et al, John Wiley & Sons Australia.  Available for purchase from ACEM website.  Borrow from UTS Library.
• Risk Management – Sport and Recreation Management website developed by Leo Isaac, Southbank Institute of Technology, Brisbane.
• Risk Management Issues in Large-scale Sporting Events: a Stakeholder Perspective (Journal article) in European Sport Management Quarterly, Volume 9, Issue 2 June 2009, pp.187-208.  The purpose of this paper is to identify the risk management issues in large-scale sporting events from the perspective of the organizing committee members and stakeholders.  Available FREE to UTS staff and students via Library catalogue, or purchase from publisher’s website.
• Risk Management Strategies by Stakeholders in Canadian Major Sporting Events (Journal article) by Leopkey, Becca and Parent, Milena M. in Event Management, Vol.13, No.3, 2009 , pp.153-170.  Available FREE to UTS staff and students via Library catalogue, or purchase from publisher’s website.
• A Sporting Chance – A Risk Management Framework for the Sport and Recreation Industry 1999 (145p. PDF) -  Office of Sport and Recreation Tasmania.
• Wakakirri National Story Festival – Risk Management & Safety Information for Schools

Safety and Security

• Advice for Managing Major Events Safely (64p. PDF) – Worksafe Victoria report  providing practical information to major event organisers, venue owners and suppliers about the management of safety risks and meeting their duty of care through integrated event safety planning.
• Crowd Control at Venues and Events (44p. PDF) – This Worksafe Victoria practical occupational health and safety guide for venue and event host employers, crowd control agencies and crowd control staff.
• Developing a Profile Strategy for Festivals and Super Scale Events (10p. PDF) – Chris Kemp (Conference paper 3607) in ‘Re-eventing’ the City/Town: Events as Catalysts for Change – Proceedings of 4th International Event Research Conference (Melbourne, July 2007).  Proceedings available to purchase from ACEM website.
• The Event safety guide: A guide to health, safety and welfare at music and similar events (222p. PDF) -  Health & Safety Executive, UK guide aims to help those who organise music events so that the events run safely.  If link broken, copy title into Google.
• Event Starter Guide –  Safety and Security – Prepared by the NSW government to assist people from the community to navigate their way through some of the many issues involved in organising an event.
• The Good Practice Safety Guide for small and sporting events taking place on the highway, roads and public places, 2006 (72p. PDF) – UK Home Office, Operational Policing. The Guide gives general advice on how to notify an event, the responsibilities of an organiser, the risk assessment procedure, the safety measures that are available, and a planning timescale.
• Guide to Managing Health & Safety at Exhibitions and Events, 2002 (106p. PDF) – Stoneleigh Park, Exhibition and Conference Centre, Coventry.  Download from website.
• Health & Safety and Risk Management, 2005 (41p. PDF) – UK Sport - Staging Major Sports Events: The Guide.
• Hillsborough Stadium incident 15 April 1989 (18p. PDF) – Covers various aspects of the disaster in which 96 people died at a soccer stadium in the UK.
• “It’s a bit of a minefield” (44p. PDF) – Findings from the Legal Issues and Resources Survey of NSW Volunteering Organisations. Identifies the legal issues and needs of volunteering organisations, the resources they draw on and suggestions about how to improve access to appropriate legal information and resources.
• Planning a Safe Public Event: Practical Guidelines – practical guidelines from the Attorney-General’s Department, Canberra to assist with the planning and management of public events to maximise safety and enjoyment.
• Research Findings into the Level of Occupational Health & Safety Legislative Compliance amongst a Sample Group of Event Management Companies (11p, PDF) – Anthony Evans (Conference paper 1507) in ‘Re-eventing’ the City/Town: Events as Catalysts for Change – Proceedings of 4th International Event Research Conference (Melbourne, July 2007).  Proceedings available to purchase from ACEM website.
• Safer celebrations – a planning guide for event managers in NSW – communitybuilders.nsw online guide focuses on the issues that can improve the quality and safety of public events.
• Safety and Security – Section of Event Starter Guide, NSW Government, Office of Protocol and Special Events.
• Social Responsibility Standards for the Production and Sale of Alcoholic Drinks: Scotland 2008 (EventScotland Version) with Guidance for Implementation (11p. PDF)
• Wakakirri National Story Festival – Risk Management & Safety Information for Schools

There have been a number of serious incidents in recent years involving third parties (ie customers and delivery drivers etc) being injured by mobile equipment, particularly forklift trucks. The owners/operator’s Public Liability Insurance policy may not generally cover the cost of resulting claims where the equipment should have been registered hence a claim made on the Compulsory Third Party Insurance Policy (CTP) under the Motor Accidents Act or similar.

Legislation varies in each State and has recently been updated in some to broaden the definition of a public road. Generally, any vehicle or mobile plant (including forklifts, sweepers, “welcome wagons”, trolley tractors & trailers etc) operated in a publicly accessible area (ie car parks, loading docks, driveways, footpaths etc) should have appropriate registration and CTP. This is usually known as Conditional or Restricted Use Registration.

You should ensure that all vehicles, including plant operated by contrcators, are appropriately registered when operating on your site. All operators must have appropriate licenses and a record of this should be kept on file.

Additional controls should be in place, particularly for forklifts, this could include speed governors, reversing alarms, flashing amber lights, warning signage, spotters, mirrors (on and off vehicles), restricting usage to outside of trading hours and barricading of operating areas.

The safe working height of all entrances used by the forklift should be clearly indicated in accordance with Australian Standards.

Typical information collected by Underwriters to assess risks and determine public liability premiums

For more information and checklists please visit our Public Liability Website

Structures

-         Age, layout, construction

-         Fire Detection/alarms systems

-         Fixed protection systems – sprinklers, other extinguishing systems

-         Fire separations

-         Fire fighting water supplies

-         Fire fighting, private and public

Fire Safety

-         Entrances/exits – lighting, surfaces, signage

-         Emergency lighting, exit signs

-         Emergency evacuation systems, Evacuation procedures

-         Smoke ventilation/exhaust systems

-         Stairwell pressurization

-         Fire doors/fire existanagement Control systems

-        Risk management procedures

• Public liability risk management procedures
• Emergency procedures
• Incident reporting and investigation

-         Hazard identification, control, regular inspections – public areas, hotel rooms

-         Housekeeping

-         Security – guards, patrols, intruder detection/monitoring, CCTV, room security, guest valuables

-         Staff Selection

-         Use of Hire Labour/Casuals

-         Contractor Management

Hotel Guest Rooms

-         Regular safety/hazard inspections

-         Evacuation plans & smoke detection

-         Balcony controls

-         Condition of fittings and furniture

Activities/Events

-         Construction, maintenance, regular inspection and access restrictions for:

-         Swimming pool, saunas

-         Boat and other water sports equipment

-         Tennis courts

-         Golf courses, sports facilities, gymnasiums, fitness centers

-         Bars, restaurants and nightclubs

-         Conferences and event facilities

-         Other recreational activities & facilities:

-         Risk assessment/management procedures

-         Controls on equipment/personnel

-         Contractor controls, where recreational services provided by contractor

-         Condition of equipment

-         Instruction, training, coaching provided for recreational activities

-         Disclaimers

Slip & Trip Exposures

-         Lighting and visibility

-         Surface Inspections

-         Cleaning

-         Wet weather procedures

-         Handrails

-         Escalators and Lifts

-         Paths/paving

-         Signs

-         Glass hazards (doors)

Car Parking

-         Number of spaces

-         Whether managed in-house or by contractor

-         Disclaimer on ticket

-         Risk of impact

-         Lighting

Child care facilities

-         Location, type of equipment

-         Whether managed in-house or by contractor

-         Credential of Child care providers

-         Condition of equipment

-         Food handling

-         Contractor insurance

-         Other

Medical facilities

-         Location, type of equipment

-         Whether managed in-house or by contractor

-         Credentials of providers

-         Contractor insurance

-         Other

Retail areas

-         Location, type of stores

-         Whether managed in-house or by contract retailer

-         Insurances carried by retailer

Transport facilities (motor vehicles, four wheel drives, helicopters)

-         Location, type of equipment

-         Whether managed in-house or by contractor

-         Driver selection, training, license monitoring

-         Contractor insurance

-         Disclaimers

-         Other

Food preparation

-         Management procedures

-         Staff training

-         Storage and handling of food

-         Housekeeping in food preparation areas

-         Condition of equipment

Waste disposal

-         Wastes produced

-         Disposal arrangements

-         Hazardous waste management & disposal  (if applicable)

Other Hazards

-         Power supplies including emergency generation

-        Waste management and pollution

-         Flammable & combustible liquids – storage and handling

-         Hazardous & toxic chemicals – storage and handling

Claims and Loss History

The above list is generic list of some of the common public liability hazards that may exist in a hotel or resort.  Additional exposures may exist depending on the specific characteristics of the facility and the range of activities offered. These exposures should be considered as part of the review of a specific location. For more information and checklists please visit our Public Liability Website

SHOPPING CENTRE CASE STUDY

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Page last updated: Tuesday, 20 February 2007

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If you own or operate a pub or nightclub then you’ll know how hard it is to obtain adequate public liability insurance at a reasonable price.  Unfortunately there have been some very public and expensive incidents in this industry. Unless you can prove to an Underwriter that your risks re lower than the industry norm or your controls are superior then you will be “tarred with the same brush” as the cowboys of the industry and pay a premium for your insurance cover.

To create a powerful strategy for Public Liability Risks and Insurance, the venue must:

1. Provide a detailed explanation of its activities

2. Understand Risk Management Principles

3. Create a Risk Management Plan

4. Identify and treat risks

5. Reduce its exposure to risks

6. Drive the strategy form Board level to ensure its effectiveness

Risk Management

Responsible venues act as if they are uninsured. They do not want to be the cause of loss or damage to guests which could, in turn, involve financial loss to the venue. They take positive action to work out how this may arise and what can be done to prevent injury or damage to third parties and the resultant financial loss to the organisation.

Every Risk Management strategy implemented is a cost saving because it means that more of the risk can be retained by the venue. Risk Management philosophy should be established at all levels from Senior Management to Safety Committee to Staff Members and Security Contractors.

State WHS Regulations require all workplaces to follow Risk Management principles. The Risk Management Standard AS/NZS 4360 provides another explanation of the risk management process:

1. Establishing the Context

Establish the strategic, organisational and risk management context in which the rest of the process will take place. Criteria against which risk will be evaluated should be established and the structure analysis defined.

2. Identify risks

Identify what, why, and how things can arise as the basis for further analysis.

3. Analyse risks

Determine the existing controls and analyse risks in terms of consequence and likelihood in the context of those controls. Your analysis should consider the range of potential consequences and how likely those consequences are to occur. For example, if a person trips near the bar what are the consequences if they are carrying a glass or fall against a piece of furniture or another patron? Consequence and likelihood may be combined to produce an estimated level of risk.

4. Evaluate risks

Compare estimated levels of risk against the pre-established criteria. This enable risks to be ranked and allows the venue to identify management priorities. If levels of risk established are low, then risks may fall into an acceptable category and treatment may not be required.

5. Treat risks

Accept and monitor low priority risks. For other risks, develop and implement a specific management plan, which includes consideration of funding.

6. Monitor and review

Monitor and review the performance of the risk management system and changes which might affect it.

7. Communicate and consult

Communicate and consult with Staff Members and Management at each stage of the risk management process and concerning the process as a whole.

Risk Management Plan

The Risk Management Plan is probably the most important document that the venue can produce. Your venue may already have a RAMP but this does address all aspects of guest safety. The plan should contain details of all of the risk management initiatives currently underway, who is responsible, completion date and status. Any completed initiatives should stay on the plan as a record of achievement and also to ensure that they are monitored and reviewed in the future as appropriate.

Some Insurers will demand details of your Risk Management Plan. They will be vitally interested in it and it could mean the difference between risk acceptance and decline or higher versus lower premiums.

The Risk Management Plan should include details of any ongoing Risk improvements.  Any major activity such as a refurbishment or special event should have its own Risk Management Plan detailing issues identified, controls and responsibilities.

Review of the Risk Management Plan should be an agenda item at every meeting held at the venue.

Public Liability Portfolio

Your venue should begin putting together a detailed Public Liability Portfolio. The Portfolio is an extension of other documents such as your RAMP, Operations Manual or Staff Manual and includes additional information about the venues operations, exposures and controls which are more of interest to Underwriters. Gone are the days when the majority of Public Liability risk could be transferred through the purchase of substantial insurance cover at relatively cheap rates. Your interests and the interests of Insurers have converged. Your submission must be comprehensive and compelling. You must leave insurers in no doubt as to what you do, how you minimise the potential for claims and how you plan to continually improve the acceptability of the venue’s risk exposure.

Benefits are:

• The document will provide comprehensive and impressive information to insurers. It will demonstrate a high standard of risk management to insurers and may enable the venue to obtain adequate insurance cover at a reasonable rate.

• Staff involved in the compilation process will gain a more thorough understanding of the venue’s operations and inherent risks.
• It will provide evidence of high level of commitment to risk management and assist in mitigating any claim of negligence made against the venue.
• It will assist handover in case of personnel changes
• It will complement existing Risk Management and OH&S initiatives

The portfolio should continually grow and evolve and contain all relevant public liability material including but not limited to:

1. Complete description of the venue including history, size, site plans, layout, facilities, number of bars, services, hours of operation, future plans etc
2. Type of special events and entertainment provided. Facilities such as dance floors and where they are positioned and maintained.
3. All relevant procedures.
4. List of staff and responsibilities in regards to Public Liability,
5. The venue’s RAMP and general Risk Management Plan,
6. Details on the venue’s demographic.
7. Busiest times and what additional measures are taken (ie security, cleaning).
8. Details on previous serious incidents and claims and what has been done to prevent recurrence.
9. List of major exposures identified and how they are or will be controlled.
10. Emergency Procedures
11. Life Safety Systems (fire doors, exit signs, EWIS etc) where they are located and who maintains them
12. Fire Protection Systems (ie smoke detectors, hose reels, fire extinguishers) and where they are located, who monitors them, who maintains them.
13. Security procedures and controls (ie Guards, CCTV, alarms etc)
14. Details regarding catering contracts and Food Safety Procedures.
15. Contractor management (selection, safety planning, insurance, review).
16. Hazard inspection procedures.
17. Staff training requirements and resources.
18. Cleaning procedures including glass collection, spill procedures and cleaning of toilets.

Site Safety Committee

Depending on the current staffing levels and the degree of risk, it is recommended that a Safety Committee be formed and dedicated specifically to your venue.

The Committee should be encouraged to avoid being a “hazard spotting committee” but one that ensures risk management systems are in place and continually used. The Committee should also monitor the venue’s Risk Assessed Management Plan.

Safety Committees also work more effectively if they are given their own self managed budget for improvements. Rather than waste the money, experience has shown that the Committees actually become more frugal and creative in the way they control risks and generally come up with much more effective solutions.

Safety should also be a permanent agenda item on any general Staff Meetings held.

Hazard Identification

One of the tests used to determine negligence in a Public Liability Case is that of foreseability or, should you have known that a hazard existed and that a person could be injured. If you conduct comprehensive, formal, regular and written hazard inspections and identification tasks then you are likely to pass the “foreseability test”. Hazard Identification is also the first step in proper risk management.

Many venues have a WPHS Checklist available but may not be vigilantly used. The checklist should updated to include any public safety related items (ie trip hazards) and be used by members of the Safety Committee on a rotational basis. This update should include basic daily checks and more in-depth checks on a weekly and monthly basis.

Checklists specifically modified to suit each of the venues levels or different operations are useful in that they ensure that all relevant issues are considered however they can sometimes be restrictive or too focused and not pick up on irregular situations. The checklist will however provide documentary evidence that an attempt has been made to identify hazards.

• Identified hazards should be recorded in a log which, if major can then be subject to further risk management process (assessment control etc) or, if minor, fixed immediately and “written off”.  A quality approach to hazard control will ensure that any controls implemented will be regularly monitored and reviewed.
• Senior Management should be involved in regular review of the identification and control process.
• Inspections should include the work or performance of contractors.
• Systems should also be in place to collect and react promptly to information on hazards that arises informally such as from guest complaints or noticed by staff whilst performing normal duties.
• The most important form of hazard identification is that associated with actual incidents. Every incident should be carefully examined, regardless of the severity of injury and preventative strategies implemented.
• Information should also be sought from various sources such as industry associations, Liquor Accords etc about hazards that have been identified at other venues.
• A powerful activity is to have employees from other similar venues conduct hazard inspections as this overcomes the problem of familiarity or conditioning and is a good knowledge sharing exercise.

Claims Management

No matter what the venue does to prevent incidents, they are still inevitable, given the inherent risks of pubs and nightclubs and the unavoidable human factor. This means you should devote additional time and energy to post incident or loss strategies. If you manage claims well you can make a significant difference to what the ultimate loss is. Early intervention is the key.

You should ensure that there is continual positive communication with injured guests. Do not let them feel ignored. If the venue is at fault or negligent, then you must get on the front foot and do something about it. It will be cheaper in the long run than having a court decide.

All too often we have heard of people injured in public places or venues and when they report the incident they are immediately told “please send all communication via a Solicitor” and of course they then do. Many organisations are under the impression that if you try to help a person then that is an automatic admission of liability. The fact is many people actually only decide to claim because they were so poorly treated.

In consultation with your Broker you should develop a detailed claims management procedure.

Incident Report Forms should to be completed for all incidents, no matter how innocuous they may appear to be.  Any CCTV footage which may record the incident should copied be marked in relation to the incident and permanently retained.

Courtesy calls should be made to all members or guests involved in an incident (Liaise with your Insurance Company first).  These should be made within one and three working days after the incident occurs.  Full and detailed file notes of each call should be made and recorded on the incident report form (or on a separate sheet if insufficient space).  If a person can not be reached by telephone then a letter should be sent on the fourth working day.

Where appropriate, matters involving property damage and small personal injury matters involving reimbursement of medical expenses below say $150.00 could be promptly settled.  The offer of settlement should be accompanied by a letter stating that it is made on a “without prejudice basis and without an admission of liability” basis.

You could also consider the appointment of a Specialist Claims Handling Firm. They will assist in resolving claims quickly, thus reducing the cost of legal actions and will assist in setting up incident reporting systems, train staff, analyse data etc.

Incident Investigation

Very few venues conduct thorough incident investigations following an incident or injury. There is no better time to identify hazards, determine cause and implement preventative strategies. Many people fear that a thorough investigation will uncover harmful information. Truth is, this information will be still be uncovered (the hard way) in a serious case and the Courts (and insurers) will be much more impressed by an organisation that takes all positive steps to determine cause and prevent recurrence.

Incident investigation is the systematic reconstruction of the occurrence.  It is important to collect as much information as possible at the time of the incident as it is likely that key contributory factors may not be the same at a later date.

The main aim for incident investigation should be to put measures in place to prevent re-occurrences and not to assign blame. Usually, in the case of claim, a Liability Assessment will be carried out by an Insurer appointed Loss Assessor and the information gathered in your initial investigation will be essential for a productive assessment.

Contractor Management

Contractors (including cleaners, tradesmen, and performers) may not have the same level of concerns or understanding of the venues approach to ensuring the safety of guests. They should be closely monitored and where appropriate they should submit a Job safety Analysis or a Safety Plan. You should ensure that all contractors carry appropriate levels of Public Liability Insurance.

If you need assistance with developing an impressive portfolio contact Riskex

Depends…..Although not always as technically rated as other insurance classes, most underwriters use a rating system based on limits and deductible required, industry, turnover and claims history. In a hard market they may even want to see your quality and risk management procedures before they will even insure you. Unless you are in an industry that deals closely with members of the public (ie hospitality, retail) you may find that you can get decent public liability cover for around $500 as an extension to your business or professional indemnity policy. Best thing to do is talk to your broker or get a free quote online. For example

Public liability claims costs are increasing and some of the most significant claims are in workers compensation recovery actions.     Clearly the insured population out there needs a better understanding of how these claims arise and how to protect against them. Without that, we expect premiums and deductibles for this exposure to rise and for this area to be a focus of insurers in future.

I had an email yesterday from someone who performs musical acts in schools and wanting to know if they needed public liability insurance as they assumed they would be covered by the schools own insurance policy.

My advice, of course, was most definitely. If you have any interaction with members of  the public or their property, either on their premises or at yours, regardless of the type of work you do, then you have to protect yourself.

Firstly, most organisations, these days, will require proof of appropriate and adeqaute insurance cover.

Have a think about the risks and potential for things to go wrong. In this case, a student could trip over an instrument?, the amp could short out or fall over and injure a child? so many events are (remotely) possible. The school may have insurance to cover such events but insurers these days are showing more and more propensity to recover their costs and you may become a target. Even if you are not ata fault and a claim arises, you are likley to be drawn into it and incur considerable legal costs in the process.

Public liability insurance (and peace of mind) is pretty cheap, particularly for relatively low risks. Speak to your broker for the best advice regarding your needs or check out some of the online quote services available.