OPEN FORUM - INSURANCE IN ARBORICULTURE AND FORESTRY
The problems of liability insurance have been widely publicised. Representatives of forestry and arboriculture organisations ran an open forum session on insurance at the Arboricultural Association conference on 17 September and 80 contractors, consultants local government officers and other employers used this opportunity to find out more. The forum was chaired by Jim Quaife (AA) and useful discussions went on for more than two hours in a positive atmosphere. Naturally, there was an emphasis on arboriculture.
Sadly, no one from Government accepted the invitation, but Bob Elam of the Department for Work and Pensions replied to at least some of the points raised in the joint representatives’ letter sent to government in August (see www.trees.org.uk/downloads/InsJntMPs.pdf )
David Hewitt of Algarve Insurance Brokers summarised the position (see www.trees.org.uk/downloads/InsFAQs.pdf) and Nick Eden (AA) explained the agreements and actions that the group of representatives had undertaken (see www.trees.org.uk/infopages/insurpr.htm) and read from the Department’s reply letter (currently seeking government permission to post at www.trees.org.uk/downloads/GovReply.pdf). On the arboricultural side, a working party has agreed a health and safety standard which has been sent to insurers and brokers for their use (see www.trees.org.uk/downloads/InsAuditFin.pdf).
Barrie Hudson (FCA and FIDC) reported from the forestry perspective, suggesting that in some ways it might be easier to introduce a health and safety audit in forestry where it is estimated that 80% of harvesting is undertaken by just 11 companies.
In addition, Chris Frankland read a letter from the President of the USA Tree Care Industry Association, which clearly demonstrated that the UK is not alone. Indeed, problems were also quoted from New Zealand and elsewhere around the world.
Glenn Gorner (ISA) was concerned that the situation could
jeopardise the implementation of Government
initiatives for raising the standard of urban living: the Commission for
Architecture and the Built Environment and CABE Space are encouraging better
maintenance of trees and green spaces as well as the creation of more. If insurance became unavailable contractors
would not be able to trade. Local
authorities, RSPB, National Trust, Woodland Trust and in fact all tree owners
and managers may not be able to fulfil their green space management
responsibilities.
As well as questions, delegates pointed out various parallel initiatives such as the government’s Contractors Health & Safety Assessment Scheme (CHAS), which the representative organisations undertook to investigate. Others forecast some of the likely implications of increased contractors charges, including the impact on local authority budgets and the likely increase in the number of uninsured “cowboys”.
Anecdotal incidents of people successfully claiming for bizarre or self-inflicted incidents were recounted. Brokers explained the difficulties of checking that claimants are not cheating and, to the amazement and dismay of all present, brokers explained that… CONT. …video evidence is not admissible in court unless the suspected bogus claimant has been warned they are being filmed.
On a more positive note, it was reassuring to hear of a recent House of Lords decision in which five law lords were unanimous in overturning a case, declaring that “the compensation culture had gone too far and that people must take responsibility for their actions”.
There was some agreement in the room that insurers should invest some money in fighting such claims for the long-term benefit of liability policy-holders and insurers, although brokers explained that insurers generally made a commercial decision based on the cost of fighting versus the cost of the payout.
The Chairman concluded that contractors must take their own health and safety responsibilities seriously and that the representative organisations will continue to work together in exploring all possible avenues for a successful resolution.
The group of representatives meets again on 14 October to progress the issue - comments and suggestions are particularly welcome in advance of that meeting.
ENDS
Notes for editors:
1. At the forum, the panel consisted of:
Chairman: Jim Quaife, Arboricultural Association
David Hewitt, Algarve Insurance Brokers
Nick Eden, Arboricultural Association
Jane Karthaus, Forestry & Timber Association
Barrie Hudson, Forestry Contracting Association and Forest Industries Development Council
Glenn Gorner, International Society of Arboriculture
Chris Frankland, Tree Care Industry Association
Also present and answering questions was Richard Bryant, Bryant Kesek Insurance Brokers.
2. For further information from the organisations involved:
Website Press
contacts
Algarve Insurance Brokers Ltd www.algarve-ins.co.uk David Hewitt Tel: 01483
489291
Arboricultural Association www.trees.org.uk Nick
Eden Tel: 01794 368717
Forestry & Timber
Association www.forestryandtimber.org Jane Karthaus Tel: 01668 213937
Forestry Contracting
Association www.fcauk.com
Gillian
Gibson Tel: 01467 651368
Forest Industries Development
Council www.fidc.org Peter Wilson Tel: 0131 220 9290
Health & Safety Executive www.hse.gov.uk Adrian Hodkinson Tel: 02476 696518
Institute of Chartered
Foresters www.charteredforesters.org Margaret Dick Tel: 0131 225 2705
International Society of
Arboriculture www.isa-uki.org Glenn Gorner
Tel: 0113 2375221
Tree Care Industry
Association http://www.treecareindustry.org/ Chris Frankland Tel: 0161 941 5410
(formerly National Arborist
Association)
UK Forest Products
Association www.ukfpa.com David
Sulman Tel: 01786 449029
3. The Contractors Health & Safety Assessment Scheme can be
found at www.chas.gov.uk