www.marsh.com.au

Erasmus Work Placement Erasmus Work Placement Workshop: the risk & insurance Workshop: the risk & insurance implicationsimplications

Rachel Phillips Marsh UK HE Practice LeaderRachel Phillips Marsh UK HE Practice LeaderMary Murtagh – Marsh Risk ConsultantMary Murtagh – Marsh Risk Consultant

23rd October 2009

2Marsh

AgendaAgenda

Managing Health & Safety for work placements

Insurance considerations

Marsh project; Understanding overseas insurance requirements

Q&A

3Marsh

Managing Health and Safety for Managing Health and Safety for Work PlacementsWork Placements

Mary Murtagh – Senior ConsultantMary Murtagh – Senior ConsultantMarsh Risk ConsultingMarsh Risk Consulting

4Marsh

Content

Approving placements

Preparing students

Supporting students

5Marsh

Criminal Liability

Enforcing Authorities and Courts decide – UK and placement country

Health and Safety at Work etc Act 1974 – non-employees

Responsibility cannot be delegated

6Marsh

Risk Management Approach

Review and approval of placements

Processes for raising and resolving problems

Planning for contingencies

Ensuring each party understands their roles and responsibilities

Preparation of students

Training of staff

7Marsh

Review and Approval of PlacementsReview and Approval of Placements

Risk Assessment and Review Process

6 H+S Factors

- Placement

- Placement provider

- Specific student group

- Work

- Travel & transportation

- Location & or region

- General / environmental

health

- Individual student

- Insurance limitations

8Marsh

6 H+S Factors

1. Work – placement provider and work being carried out

2. Travel and transportation – at work, to and from work, to and from accommodation

3. Location and/or region – can have considerable impact

4. General/environmental health – work-place, general location, accommodation, food and drink

5. Individual student – health, knowledge, skills, experience and personality

6. Insurance limitations – extent and limitations of HEI and placement provider, contractual arrangements and legal requirements

9Marsh

Processes for Raising and Resolving Problems

You and placement provider – processes to raise concerns

Encourage student to raise matters with placement provider

Collect feedback - students and visiting tutors

10Marsh

Planning for Contingencies

Exceptional circumstances

Contact details

Medical aid

Repatriation

Loss of property

11Marsh

Understanding Roles and Responsibilities

Clear understanding

Placement provider

Student

You

12Marsh

Preparing Students

H+S risk factors and controls

Technical and professional competency levels

13Marsh

Training of Staff

Guidance and training on policies, arrangements, risk assessments and reviews

Visiting tutors – clarify expectations

14Marsh

Application of Risk Management Framework

Before the Placement

Risk assess and determine control measures Prepare the student Approve the placement

During the placement

Deal with health and safety issues

After the placement

Undertake review

15Marsh

Risk assessment

Judge the risk profile for the placement for each of the 6 H+S Factors

Identify specific actions needed

Before the Placement- Risk assess and determine control measures

16Marsh

Control measures

A process to raise problems

A process to receive guidance and support on resolution

A system for logging problems and their resolution

Instructions for students on how to contact you in event of emergency

Before the Placement- Risk assess and determine control measures

17Marsh

Before the Placement- Risk assess and determine control measures

Clarify expectations with placement provider

Inform provider of your expectations

Raise questions you need answered before approval

Written document before commencement of placement

Acknowledgement in writing – receipt, acceptance and answers

18Marsh

Pre-placement health and safety visit

Decide if a visit is needed

Specific concerns

Disability – student visit or meet provider

Before the Placement- Risk assess and determine control measures

19Marsh

Prepare the Student

Instructions on general requirements and arrangements for reporting concerns

Extra information on additional issues / concerns highlighted by risk assessment

Your expectations of student, placement provider and your institution or department

20Marsh

Prepare the Student

Be satisfied student has received the information

Test their understanding if necessary

Contact details and next of kin

21Marsh

Approve Placement

Review information and past feedback

Provider understands and accepts role and responsibilities

No unresolved concerns

All necessary actions completed

Approve

22Marsh

During the Placement- Deal with health and safety issues

Student and placement provider are responsible

Student raise concerns with provider first

If unresolved – you

Placement tutor visits – assess if there are issues

Raise concerns with provider

23Marsh

After the Placement- Undertake review

Initially and annually

Identify providers where concerns raised

Check action taken

Use conclusions for future risk assessments

24Marsh

Summary

Risk Management Framework

Approving placements

Preparing students

Supporting students

Review

25Marsh

Insurance considerations for Insurance considerations for work placementswork placements

Rachel Phillips – Rachel Phillips – Marsh UK HE Practice LeaderMarsh UK HE Practice Leader

26Marsh

ContentContent

What are the risks?

UK position

European and Worldwide position

Conclusions

27Marsh

What are the risks?What are the risks?

Placement related liability may be incurred through:

bodily injury to the student and/or accidental damage to the students’ own property

accidental injury or accidental damage caused by the student to third parties and/or their property

Other risks to consider:

Personal liability incurred by the student

Personal accident of the student

The Home HEI and Host Organisation owe a duty of care to the student to ensure the student is not injured during placement activities.

28Marsh

What are the risks?What are the risks?

Medical Expenses

Repatriation

Loss of or damage to student’s own property not relating to work related activities ie outside of work hours

Loss of passport

Kidnap and/or Ransom of the student

29Marsh

UK Legal Liability for placement related activitiesUK Legal Liability for placement related activities

UK liability insurers’ definition of “Employee” extends to include students on work experience or similar schemes e.g. placements.

So within the UK:

Employers’ Liability:

Covers bodily injury to the student (as an employee) arising out of placement related activities for which the Host Organisation is legally liable.

Cover will indemnify the Host Organisation (and the Home HEI with the agreement of the Host Organisation) if the student is injured during placement activities and the student subsequently makes a claim against the Host Organisation.

Legal liability basis - the Host Organisation must be deemed to be legally liable before any payment is made

30Marsh

Public Liability:

Accidental injury or accidental damage caused by the student arising out of placement related activities - this cover usually extends to include the liability of the student with the Host Organisations permission.

This cover will indemnify the Host Organisation (and the Home HEI with the agreement of the organisation) if following injury or damage a third party subsequently makes a claim against the Host Organisation.

Legal liability basis - the Host Organisation must be deemed to be legally liable before any payment is made

UK Legal Liability for placement related activitiesUK Legal Liability for placement related activities

31Marsh

UK Cover for other risksUK Cover for other risks Personal Liability and travel related risks

Cover can be arranged via a student’s own travel insurance

Some UK Universities extend their own PA/Travel to cover placements

However there will be restrictions on the period of time overseas

Travel cover extends to cater for various situations such as:

- Medical expenses

- Repatriation (normally to country of normal domicile – foreign students studying at UK universities on overseas placements)

- Loss of/or damage to property

- Loss of Passport

Kidnap & Ransom

Specialist cover can be arranged by the University on behalf of students

32Marsh

The European/Worldwide PositionThe European/Worldwide Position

Varies between countries

Formal agreement should be in place between the Home HEI and the Host Organisation as to their respective responsibilities

Each placement may need to be considered on it’s own merits

Likely for the student to be classed as a “third party” in many countries and not as an “employee”

33Marsh

ConclusionConclusion

Prepare for work placements by understanding the specific situation in each country and Host Organisation

Ensure you fully understand the breadth of your own insurances

Obtain detailed information from Host Organisation as to the insurance in place and how it will apply

Document discussions/obtain written confirmation

Encourage the student to arrange Personal Accident/Travel cover and that it extends to cater for the period of the placement and activities

Communicate with the student on the risks, extent of Home HEI cover and any covers they should consider themselves

www.marsh.com.au

This PowerPoint™ presentation is based on sources we believe reliable and should be understood to be general risk management and insurance information only.

Marsh is authorised and regulated by the Financial Services Authority for insurance mediation activities only.

© Copyright 2009 Marsh Ltd All rights reserved.

DES v4.1