Can you be indemnified against a claim? by the claimant!

[RiskAverse]

Hi


Is it possible for an employee to indemnify the business against a claim taken by them against the company in the future?


For example


We require all butchering employees to wear mesh gloves to protect against potentially harmful cuts from the use of knives. Culturally this is often a contentious issue as some butchers not having being trained with a glove refuse to wear them. They do not refuse however, to claim if a cut occurs.


While we cannot get them to sign away their rights to compensation, if it’s their choice not to wear the glove, can they indemnify the company against a claim in the case where they cut themselves?


I would see this as an option for the employee, wear the glove as per health and safety rules or if you do not wish to, (and further do not want to engage with disciplinary procedures), sign a legal document indemnifying the company against any claim as a consequence.

 

[Steven Barrett]

Under the Safety, Health and Welfare at Work Act 2005, there is a duty on employees to wear PPE provided. Where this is not being adhered to, you should ask the employees why the PPE is not being worn in case there is a genuine difficulty being encountered by the wearer.

Employers could consider including persistent non wearing of PPE into their disciplinary procedures.

http://www.hsa.ie/eng/Topics/Person...sonal_Protective_Equipment_FAQ_Responses.html

I would consider sending each non conforming employee a letter on a regular basis noting that they are not wearing the appropriate work clothing provided, which is in breach of the Safety, Health and Welfare at Work Act 2005.


My dad's old business was inspected by Health & Safety a few years back. They noted that some of the workers were wearing runners instead of steel caps (it was a warehouse). My dad told H&S that he bought the appropriate work clothing for all his employees but they were all adults and he wasn't going to dress them in the morning. H&S said fair enough.


Steven
www.bluewaterfp.ie

 

[thedaddyman]

Employees have legal duties around Health and safety including a requirement to take reasonable care of their own H&S as well as that of their colleagues. Failure to use PPE may not mean the employer is not liable but it may have an impact on any damages

 

[peteb]

If you mean in the event of an insurance claim, no. You would be left arguing contributory negligence due to the fact they were instructed to wear PPE and given it. Your problem arises though if you notice they are not wearing PPE and continue to ignore that as you have effectively agreed to them not wearing it.

so it should be "wear the gloves or face disciplinary action".