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Insuring Workplace Health & Safety Liabilities

Harmonised Workplace Health & Safety legislation has now been enacted in all States other than Western Australia and Victoria. The new regulations provide for fines and penalties to be imposed on body corporates, a Person Conducting a Business or Undertaking (PCBU), Officers and Workers. Maximum penalties are $3,000,000 in respect of a body corporate and $300,000 or five years jail for an individual. It is considered likely that Western Australia will adopt the harmonised regulations. The Victorian State Government has indicated that it is unlikely to do so in the near future. Both states have existing legislation which provides for similar penalties.

Conventional insurance products provide an element of cover to WH&S prosecutions but do not respond to the risk in a comprehensive manner.

In conjunction with leading insurers Willis have developed our Workplace Health & Safety Liability Insurance Policy. The cover is specifically designed to cover necessary legal cost and fines and penalties arising from WH&S investigations and prosecutions.

  • Cover is automatically provided to the Company and all employees and can be extended to include Contractors, Sub-Contractors and their employees.
  • Legal costs are provided immediately upon a workplace injury occurring - instant policy trigger.
  • Clarity of intent regarding insurability.
  • Claims conditions which do not provide the insurer the right to influence proceedings brought against an individual.
  • Access to specialist legal advisers at agreed panel rates.
  • Provision of emergency costs without the requirement to obtain the Insurer’s prior written consent.

For further information about our capabilities, please contact us today.