The importance of load restraint training cannot be underestimated as the consequences of incorrect (or absent) load restraint can mean injury or death.  The security of the load is of vital importance.  If the load moves or falls off it endangers the load itself and the lives of other road users.

Alternatively, if the load moves forward it has the potential to kill the driver and endanger the lives of other road users if the driver loses control of the vehicle.  All in all, there are risks to the load, driver and other road users. Is there any reason why you would not complete load restraint training?

Load restraint training benefits many people indirectly. The impact of incorrect load restraint practices is borne by more than just the driver or operator of the vehicle. Many people are affected.  Let’s look at a few of the people affected by load restraint.

Firstly, other road users can be greatly inconvenienced by a load restraint incident, and in some cases may lose their life.  This is unacceptable when there are load restraint practices and load restraint training is available, which can help avoid this result.

Secondly, those involved with the carriage of the load including the driver, and the owner/operator, and company can have their reputations damaged.  This may be in the form of financial penalties, prosecution, or even the death of one of their members.

Finally, there are those who are involved with the consignment, purchase, resale and insurance of the load.  They are concerned with the safe arrival of the load in order to provide it to the end user.

There are also hidden costs to the community, such as

• Traffic jams
• Late for appointments/meetings
• Injury or loss of life if directly affected by the incident
• Loss of income and time

Load restraint training will also ensure your business avoids penalties for poor load restraint. Penalties can be either:

• On the spot fines upwards of $11,000 for individuals and $58,000 for companies, or
• Prosecution of serious cases, including large fines and jail sentences.

Book this course now!

This post on our sister site PUBLIC LIABILITY is currently getting a lot of hits. As one person commented (via LinkedIn): “This is a brilliant case for why any “incident reporting / management system” needs to accomodate more than just Workers Compensation. This single episode has implications for not only WorkCover but also property insurance (stock and building losses) and even Liability (injury to third party property or persons, business interruption to third party businesses). Many insurance class triggers from a single event”.

SEE THE ARTICLE AND VIDEO HERE

Having nearly been hit by a watermelon thrown of a balcony a few years ago and been involved in a number of insurance claims involving stuff thrown off balconies and a fatal fall over an inadequate balustrade I would fully support this initiative:

Schoolies could be banned from hotel and high-rise apartment balconies on the Gold Coast after safety concerns over drunken and loutish behaviour.

Queensland’s Office of Fair Trading is investigating whether youths celebrating the end of their high school exams can be locked out of high-rise balconies after reports of throwing projectiles, jumping between units and skylarking.

A group of bodies corporate has made the push for the lockout due to concerns that schoolies who throw objects from balconies pose a health and safety risk to other tenants and the public in general.

See the full story on ninemsn

Latest articles from the Public Liability Website:

Public Swimming Pool Safety

Public Safety in Hotels and Resorts

Public Safety in Car Parks

Public Liability Claim Examples

Public Liability

What is Product Liability

Public Liability Insurance Quote

New Swimming Pool Safety Legislation

Public Liability Insurance Quote – Why You Need One

How to get a better deal on public liability insurance

Proclaim have released their last newsletter for the year with 3 very informative articles:

1 – Richard Thomas discusses the advantages and disadvantages of using contract Security in pubs and Clubs:

Insurers of licensed venues such as clubs, pubs, bars and nightclubs often include in their liability surveys and questionnaires a question about whether security is outsourced or internal.  It seems to be a generally accepted assumption among insurers of hospitality risks that those venues which out-source their security function present a lower risk of claims and certainly of assault-type claims.

A counter-argument often raised by venue managers is that by using directly-employed crowd controllers, they have greater control over the actions of these personnel – in particular when decisions are made on issues like evictions and on the means of restraints and holds.  They might also argue that they are better off retaining their own security so they can be assured through internal processes that crowd controllers are well-trained and follow good procedures rather than engaging a contractor of unknown or dubious reputation or quality. Read More………….

2 – Russell Walker discusses How important is it to investigate a claim?

“Don’t always believe what you are told by the claimant” Read More………….

3 - Eugenia Anang discusses the importance of Risk Management in defending liability claims

“Proclaim manages claims on behalf of a number of clients who are owner/managers of shopping centres and supermarkets.

It’s widely understood that when a public liability claim arising out of an incident at a centre or supermarket is commenced, the parties in the firing line are almost always the centre managers and owners.

At Proclaim, we understand that regardless of how streamlined a client’s risk management procedures are, it’s impossible to prevent all incidents leading to injury to patrons from occurring.

As a result, Proclaim has adopted an approach whereby we encourage clients to ensure that their risk management procedures are not only streamlined but documented as well. This approach at the very least allows the client to ascertain its liability position at an early stage”. Read More………….

Riskex have been assisting many of Proclaim’s clients to develop and audit their risk management systems and have seen the definite advantages to be gained form such an approach.

MIStupid.com – This section is dedicated to pictures of stupidity around us. We can’t be sure if they are all real, but they are certainly real stupid.

Love To Know – Stupid Safety Pictures – Most of these photos are staged but excellent quality and great for presentations. Safety is one thing you never want to be stupid about, and checking out stupid safety pictures is a great way to see just what you shouldn’t be doing to stay safe.

Clip from YouTube of top 10 Stupid Safety Pictures – most you would have seen before!

Stupid Health and Safety Signs on Fickr

Funny Insurance claims, photos and explanations – The statements are taken from actual insurance accident claims forms. They are real, true (you can’t make up this kind of stuff). Read ‘em and laugh and be glad it wasn’t you.

Hemmy.net – huge collection of crazy and stupid accident photos

DumbPhotos.com – tons of stupid pictures and dumb photos

Safety Images

[picappgallerysingle id="280087"]
Found another site with a great collection of safety photos and pictures of hazards. Also have a selection of safety jokes and cartoons VISIT SITE. As they say: “Please note, this is not a site for funny safety photos, it does however demonstrate why liability insurance can be expensive for some individuals and companies”

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.



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

Looking for a competitive Public Liability Insurance Quote? – Click here for our free online service. Get obligation free and very competitive quotes from major insurers. Click Here

Riskex – Insurance Online provides free up-to-date access to the best value Products Liability, Public Liability, Contractors Insurance, Events Insurance, Business Insurance and Professional Indemnity information, resources, products and services from a comprehensive selection of Australia’s leading and best known public liability insurance specialists.

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