As the new safe design obligations have been inserted into the various state based workplace health and safety legislation,
they create criminal liability outside the ambit of most professional indemnity insurance policies -
which tend to cover professionals for their civil liability only.
This means that if you are prosecuted by one of the state governments alleging a breach of a statutory safe design obligation, you will have to pay the legal and other costs associated with having to investigate the matter, defend the proceedings as well as the fines that may follow.
The good news is that we are able to source insurance for you that provides protection in the event that an allegation is made that you have breached a certain statute, including statutory safe design obligations.
3 comments:
I was told by a "Planned Risk" broker that this type of insurance is only avaialable to registered architects. If anyone knows otherwise please let me know.
Good point. Thanks Cameron
Here is the coment from I receievd from an underwriter of PI.
"In terms of the specific new safe design obligations, detailed in the Qld Work Health and Safety Act 2011
this is not specifically covered in our wording.
However, as the Safe Design obligations are legislation as of 1st January any act contrary to this which results in a claim
would be covered subject to the policy terms and conditions in place, as this would be considered negligence, as long as the activities
the insured is performing fall within the parameters of the insured business description. "
Looks like this issue (of insurance)is not straight forward as far as the underwriters interpretation. Has anyone else had any feedback?
Post a Comment