Have you got your Green Card?!

With 29th March looming and the ever-increasing possibility of a ‘No Deal’ Brexit, it is understandable that people are starting to get concerned about the effects of working and travelling abroad.

When it comes to driving your vehicle abroad, currently all you require is your motor certificate which shows you have insurance cover in the EU. If, however, a ‘no deal’ Brexit is confirmed, from the 29th March you will need to have a Green Card to drive your vehicle in the EU (plus Andorra, Serbia and Switzerland), no matter if you are travelling for business or for leisure purposes. A Green Card is proof that you have the minimum insurance level required by the EU. 

If you were to hire a vehicle abroad, if the hire company is covering you under their insurance a Green Card should not be required however if you were to hire a vehicle in the UK and take this to the EU, you would still need to have a Green Card.

There is an agreement to waive the need for a Green Card in the result of a ‘No-Deal’ Brexit however this has not yet been passed by the European Commission so until then, this will be a necessity otherwise you may be breaking the law.

Your insurers will not automatically be issuing Green Cards but they are available on request, free of charge. Please make sure you request this in plenty of time (at least one month prior to travelling) and if you are going to be abroad over 29th March, you will need to take one with you just in case!

By Rachel Storey Dip CIIAccount Executive

The issue ‘worker status’ gathers pace and continues to evolve

The Taylor report published last year, following wide spread research and consultation, sought to explore the world of work in the modern age and how employment law dovetails with this. Whilst the report gave a balanced view of how we can best improve workers rights whilst not adversely affecting entrepreneurship which is so important to the British economy, it did put forward a number of proposals to the government, on ways in which the law can be clarified and improved to help all those who are part of what has become known as the ‘Gig economy’.

Having considered the Taylor Review’s recommendations, the government have now created ‘the Good Work Plan’, which includes a variety of measures that are to be introduced into law, to improve the rights of those employees who do not have stable employment contracts. This, in addition to the introduction of tighter rules around the tax position for self-employed workers coming into force in 2020, will mean we will see more changes to working practices in order to minimise the risks of employment and tax risks for businesses.

With this backdrop, we have seen the first company to create a new status for their workforce, with Hermes introducing ‘self-employment plus status’ in conjunction with their Union. This provides a choice for drivers, giving them greater rights and benefits, akin to ‘workers’ such as holiday pay, sick pay and national minimum wage pay, subject to contractors signing up to the scheme, which will see them agreeing to follow Hermes own pre-prescribed delivery routes.

There is no question that whilst this move will not trigger any legislative change, it could help form the basis of a more standardised approach to how Gig Economy arrangements are structured.

An additional benefit is the opportunity this may bring in terms of freeing up the time of the courts and tribunals. Recent years have seen high-profile Gig Economy cases take up huge amounts of time and resource, both from the judiciary and internal management teams.

Reducing the number of these cases will only be a positive step, indicative of a healthier worker-employer relationship and freeing up time for the courts to dedicate to more pressing issues.

Definitely watch this space.

By Jodi CoolingOperations Director and HR Consultant

 

 

IOSH Leading Safely

Safety Leadership is a vital component of any health & safety process & is critical to the success of any health and safety management programme. Leadership and commitment are essential in ALL aspects of business management – so why should health and safety be any different?

Our IOSH Leading Safely course can help you face the safety leadership challenges on your safety culture improvement journey. 

The known documented benefits of effective safety leadership are:

Business Benefits

  • Improves employee’s safety behaviour
  • Reduce lost time and minor injury frequency rates
  • Create better business continuity, thereby increasing productivity by avoiding incidents, accidents, breakdowns and process failures
  • Reduce insurance premiums costs
  • Improve standing and reputation among suppliers, clients and partners.
  • Leads to better all-round economic performance

Personal Benefits

  • Sharpen your skill-set and make you a more effective leader
  • Create understanding of good practice in health & safety
  • Enable bench-marking of your performance against others
  • Shape your safety and health vision
  • Identify steps to achieve your safety and health objectives

Our practical, focused and informative course provides a useful insight into how to set about managing and leading safety in an effective way.

All delegates will receive instructions to download and access the ‘IOSH for Leaders’ app, which provides a wealth of information and support that delegates can continue to access after the course is completed.

The IOSH Leading Safely course is based on discussion and self-evaluation. The course is centred on the key activities of a diagnostic questionnaire, which helps you identify strengths and weaknesses in your company’s safety management arrangements. A two-part case study allows delegates to discuss major health and safety management issues and find workable solutions for them.

This is very much an interactive course where participation is expected and encouraged.

If you would like to know more about our range of health and safety training courses, please contact me on 01302 341 344.

By Ken Stevens CMIOSH – Risk Services Manager

Product Recall

Do you need Product Recall Insurance?

Product Recall Insurance covers expenses associated with recalling a product from the market. It provides protection in the event any of your products pose an imminent threat of bodily injury or property damage.

Why would a product need to be recalled? 

  • Manufacturing errors such as the omission of a component or product
  • Contamination of the product during manufacture
  • Errors in the design, packaging or storage of the products

Who requires this cover?

Product Recall insurance is typically purchased by the automotive, food and beverage, medical and pharmaceutical industries but the need for the cover in other areas is growing

What does the policy cover?

  • Notifying customers of the problems and the recall
  • Transportation costs in respect of the return of the products
  • Additional costs incurred in respect of storage of the returned product
  • The cost of the destruction or disposal of the products
  • Additional staffing costs associated with the recall
  • Costs incurred by third parties such as wholesalers and retailers involved in the recall

Which industry has the most claims?

Research conducted by insurer Allianz in 2017 found that automotive companies are the most likely to make claims under product recall policies, followed by food & drink and domestic appliance manufacturers; this is not surprising given the obvious risk to consumers posed by such products if defective. Perhaps more surprising is the finding by Allianz that the average cost of a product recall claim was €12.4m in the automotive industry and €7.9m in the food industry.

If you think you may have a Product Recall exposure or you would like further information, please speak to your usual contact at ProAktive.

By Lauren Quincey ACII, Chartered Insurance Broker

Corporate Account Handler

 

 

Worldwide Products Risks

With the impending Brexit date (29th March 2019) nearly upon us, one consequence could be that companies become less likely to trade in Europe and more likely to look further afield.  One option could be to source products from China and the Far East.  When products are bought in bulk from China for wholesale or retail in the UK it is imperative that your insurer knows what type of product is being imported and in what quantity.

When goods manufactured in Europe are imported, it is usually the case that a clear chain can be followed back to the manufacturer so that, should issues arise with a product, the liability can be passed back up the chain.  When goods come from China this could prove to be more difficult; it can be problematic to identify the original manufacturer of the product, & even if the supplier is identified, Chinese manufacturers rarely purchase products liability insurance. The legal framework in China also makes it more difficult for your insurers to pursue a recovery should a claim occur.  In this instance your insurers will take the view that you are effectively the manufacturer of the product and charge a higher premium to reflect their lack of recovery potential.

The Insurance Act 2015 now means that a policyholder has a duty to provide a “fair presentation of the risk” to insurers.  Therefore, when discussing your risk with a broker you should always provide as much information as possible regarding which products are imported, where they are imported from and how much of your turnover relates to each product.  Only then can insurers assess the risk fully and charge the appropriate premium.   If a claim occurs & an insurer feels that they have not been given the full information about the origin of the products, to the extent that they might not have taken on the risk in the first place, the insurer could avoid the insurance contract or refuse to pay a claim.

So, should you think about importing any products from the Far East please pick up the phone and talk to your broker about how to best protect yourself.

By Peter RyderAccount Executive

 

Is your business Brexit ready?

Currently the UK is bracing itself for a ‘No Deal’ Brexit on 29th March 2019, and we realise this may affect every business in the country in very different ways & to many varying degrees.

In fact it could have already affected you, as many businesses have experienced changes to the labour market and the fluctuating rate of the pound for many months. This in turn could have had a knock- on effect as the cost and availability of your supplies and goods may have changed. 

The uncertainty surrounding border controls are in the press constantly and again this may have an impact on your supply chain directly or indirectly.

With this in mind ProAktive is talking to businesses to ensure their insurance programmes are ‘Brexit ready’, specifically discussing your business interruption cover to ensure your indemnity period is sufficient to enable your business to run as effectively as possible following a loss. If your key supplier is outside the UK post 29th March 2019 how long will it take your business to be up and running to the same level as it was prior to your loss?

With all this uncertainty it would be easy to be concerned over the path we will be going down over the next few months.  But be assured that the UK insurance market will remain, post Brexit,  a world leading, global centre of expertise that provides vital cover and investment and that ProAktive is here to assist you in your own Brexit plans.

If you’d like to speak to ProAktive about your insurances please call our office on 01302 341344 or 0114 243 9914.  

By Laura Scott FCIIChartered Insurance Broker & Commercial Account Handler

Health and Safety Executive (HSE) Campaigns

The HSE periodically undertake campaigns for various topics. A recent campaign was to look into occupational ill health issues, particularly those caused by silica dust.

Crystalline silica is a basic component of soil, sand, granite and many other minerals, Quartz being the most common form of crystalline silica.

Regularly breathing construction dust can cause diseases like Lung Cancer, Asthma, Chronic Obstructive Pulmonary Disease (COPD) and Silicosis. Construction workers have a high risk of developing these diseases due to many common construction tasks creating high dust levels.

Workplace exposure limits (WEL) for Silica (respirable crystalline from construction products) are given at 0.1mg/m3 which is much lower than hard or softwood (5mg/m3 ). 

This might not mean much, but essentially what it means is that you have a duty to protect your employees from even the smallest amounts of Silica. It is unlikely that you will have a process that generates silica at levels below the WEL, so controls will be necessary at all times.

The sort of tasks/processes where this exposure could arise could be :

  • Stripping out buildings
  • Demolition of structures
  • Moving old objects to skips
  • Housekeeping (sweeping up)
  • Cutting materials (wood dust / silica from concrete products)
  • Cabling in roof spaces
  • Stripping off tiles from roofs

Adequate controls must be in place to prevent ill health to personnel.

Your task, or dynamic risk assessment, will define the controls needed for the activity and will be combined with preventing dust causing issue with the individual and others working in the vacinity.

As a recent example, one of our clients had employed a Sub-contractor on a construction site. The Sub-contractor wasn’t actually doing any work which generated silica dust at the time of the visit. They had, however, been sawing through some materials. On closer inspection, it was apparent that:

  • the Sub-contractor’s controls included damping down with water, however this hadn’t been done
  • PPE / RPE was available but there was no face fit record to show that the mask fitted the user
  • the employee was not clean shaven, which meant that the RPE / PPE in use would not have been effective

The Inspector commented that the site was well run but the Principal Contractor (PC) is in charge of the sub-contractors, as well as their own Employees; they should make sure they are following their high standards.

No Fee for Intervention (FFI) or Improvement Notice was issued but the Inspector said, “If I had witnessed them dry cutting I would have issued a Prohibition Notice to the Principal Contractor for not managing the site properly and the Sub-contractor for exposing the Employee to hazardous substances.”

The Site Management has a hard job, running the site, controlling costs and time, but must keep health and safety a top priority and ensure a high standard at all times to keep all on the site safe.

If you would like help managing the health and safety at your workplace, please contact our team for a chat on 01302 341 344.

By Richard Wadkin CMIOSHRisk Consultant

New Year’s Resolution – Let’s promote better mental well being at work

With Blue Monday* (the so-called ‘most depressing day of the year’) coming up on 21st January, what can we do to promote better mental health in the workplace?

According to Mental Health Charity MIND, these 5 steps may help with general mental wellbeing: 

Connect: Social relationships are critical as a buffer against mental ill health. Encourage your employees to ‘talk, ask & listen’ to colleagues

Be Active: physical activity = lower rates of depression. Suggest staff take a lunchtime break, get out in the fresh air and take a short walk or other exercise

Take Notice: Being aware and ‘in the moment’ is good for us. Enjoy your surroundings, de-clutter, savour that coffee, try somewhere new for lunch

Learn: The opportunity to engage in learning activities can lift people out of depression.

Give: People who report a greater interest in helping others are more likely to rate themselves as happy. Acts of kindness can lead to an increase in wellbeing. Get staff involved in fundraising or a charity event and lift morale

Take it from us as HR consultants, it’s much easier to promote mental well-being in the workplace than to deal with what can be challenging consequences of poor mental health, including increased absence rates, declining performance and high staff turnover.

If you would like to discuss any aspect of HR management with us, please contact our team on 01302 341 344.

By Angela Stancer Group HR Manager

*Blue Monday was actually a concept dreamt up in 2005 by Sky Travel (with an equation claiming to factor in weather, debt level, time since Christmas, failing new year resolutions & low motivation) to encourage us to book a holiday!

Why was the HR Director so unpopular at Christmas?

…because he gave Santa the sack!

It has been a tough year for those in the world of employment and therefore as it’s coming up to Christmas we thought we’d share a couple of the stranger and sometimes controversial employment laws being implemented around the world just to lighten the mood a little.

We’ll be starting with a policy which is suggested to be the next ‘big thing’ for British Employers to consider. We are of course talking about Menopause Policies.

We aren’t pulling your leg as recent cases have seen women, who have experienced serious symptoms from the Menopause; winning disability discrimination claims (Davies vs. Scottish Courts and Tribunals Service).  There is now serious talk of introducing Menopause policies for companies when there is a male dominated environment. These policies would tackle allowing for changes in temperature and alternative working arrangements to allow for forgetfulness or loss of concentration.

Moving across to the land of the rising sun where in 2008 Japan passed the ‘Metabo Law’ as a solution to the epidemic of obesity. Through this act, Employers have to annually measure the waists of workers between the ages of 40 and 75 and they are allowed to measure Employees they suspect of having too large of a waistline. For men anything more than 33.5 inches is considered a breach and for women it’s 35.4 inches. Companies need to maintain 65% Employee compliance with these measurements or else face fines and the company’s health insurers are obliged to run weight loss classes to Employees that have exceeded this threshold.

Japan’s neighbours, China, have taken a different approach to equality as women are prohibited from engaging in any work that the government deems ‘physically demanding’ and this includes mining, logging, any work at high altitude and jobs that require lifting more than 44 pounds.

An interesting law in India means that Employers cannot fire Employees without the government’s permission when they have more than 100 Employees. There is an exception where the Employee is found guilty of criminal misconduct however we’re sure many UK Employers are grateful that this is a regulation that they don’t have to follow.

Finally to end one of the favourite strange employment practices that we came across, we need to head to New Zealand.  Apparently New Zealand Employers faced a ‘funny hat’ epidemic so much so, that employment law was introduced which allows for Employers to enforce a 10% pay cut if an Employee wears a hat to work that results in them breaking the companies dress and uniform code. So no elf hats at Christmas for New Zealand Employees!

Although these may seem odd to those of us in the UK, all of the above (with the exception of the Menopause policy) have been integrated into normal employment practice and even to this day we find strange legacy employment policies when conducting document reviews for our new clients.

If you would like to make sure that there aren’t any legacy or outdated policies in your HR pack contact us on 01302 346 825 and Merry Christmas and a Happy New Year from ProAktive’s HR Consultancy Team.

By Kris Kerins BSc (Hons) PGC (Tech Mgmt)Risk Services Adviser

O2 or NO2?

Following last week’s downtime from O2 of 24 hours, which to most of us felt like a lifetime, it has given us a prompt to remind our clients of how important Cyber Insurance can be, in particular for mobile phones.

It is scary to think how much we rely on our smart phones for lots of different things. Where originally mobile phones were for the use of making and receiving calls, how many of us rely on this for other everyday tasks? Calendars/diaries, social media, banking, maps, credit reports, shopping, even rail tickets?

As we know, O2 are suggesting compensation for the downtime and it has even been mentioned that we can claim for additional expenses through the loss of apps. An example of this is being unable to use the railcard app, meaning tickets were purchased at an inflated rate. Not an obvious one, but nonetheless, something that can cost your business additional money. A cyber policy wouldn’t have covered last weeks’ events, as the loss of service was due to a technical fault rather than a cyber attack. Therefore the cost of compensation will be entirely down to O2 to pay.

The downtime a lot of us experienced has highlighted to us the question of how we cope as a business if we can’t access our phones.

When looking at the risks of a cyber attack in your business, generally speaking our biggest vulnerability is our people. Not intentionally, but in simple things that most of us do daily that we probably don’t even think about. Using free Wi-Fi that doesn’t have proper encryption is a huge trigger, suspect attachments on emails etc.

Many people don’t consider their smart phones, or other mobile devices, as computers and therefore don’t tend to worry much about protecting them. The reality is that smart phones can be compromised relatively easily, especially since we now use them for so much more than just calls. Our phones contain so much personal sensitive data and company/client data that most of our information is ready for criminals to steal.

If our smart phones or other mobile devices are compromised by a cyber attack, a cyber policy would be there to assist with the many problems that you could face, including rebuilding of servers, fines for breach of loss of data, costs to recover the data and costs associated with loss of earnings. Cyber attacks are the new burglary and can happen to us irrespective of the size of our company. So in the aftermath of the O2 network issues, let’s think about the impact a cyber attack can have on the use of our company phones.

To discuss cyber cover in more details please do not hesitate to contact us.

By Leah KendallAccount Executive