1. www.marsh.com.au Erasmus Work Placement Workshop: the risk & insurance implications Rachel Phillips Marsh UK HE Practice Leader Mary Murtagh – Marsh Risk Consultant 23 rd October 2009

2. 1 Marsh Agenda Managing Health & Safety for work placements Insurance considerations Marsh project; Understanding overseas insurance requirements Q&A

3. 2 Marsh Managing Health and Safety for Work Placements Mary Murtagh – Senior Consultant Marsh Risk Consulting

4. 3 Marsh Content Approving placements Preparing students Supporting students

5. 4 Marsh 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

6. 5 Marsh 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

7. 6 Marsh Review 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

8. 7 Marsh 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

9. 8 Marsh 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

10. 9 Marsh Planning for Contingencies Exceptional circumstances Contact details Medical aid Repatriation Loss of property

11. 10 Marsh Understanding Roles and Responsibilities Clear understanding Placement provider Student You

12. 11 Marsh Preparing Students H+S risk factors and controls Technical and professional competency levels

13. 12 Marsh Training of Staff Guidance and training on policies, arrangements, risk assessments and reviews Visiting tutors – clarify expectations

14. 13 Marsh 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

15. 14 Marsh 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

16. 15 Marsh 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

17. 16 Marsh 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

18. 17 Marsh 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

19. 18 Marsh 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

20. 19 Marsh Prepare the Student Be satisfied student has received the information Test their understanding if necessary Contact details and next of kin

21. 20 Marsh Approve Placement Review information and past feedback Provider understands and accepts role and responsibilities No unresolved concerns All necessary actions completed Approve

22. 21 Marsh 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

23. 22 Marsh After the Placement - Undertake review Initially and annually Identify providers where concerns raised Check action taken Use conclusions for future risk assessments

24. 23 Marsh Summary Risk Management Framework Approving placements Preparing students Supporting students Review

25. 24 Marsh Insurance considerations for work placements Rachel Phillips – Marsh UK HE Practice Leader

26. 25 Marsh Content What are the risks? UK position European and Worldwide position Conclusions

27. 26 Marsh 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.

28. 27 Marsh What are the risks? Medical Expenses Repatriation Loss of or damage to students own property not relating to work related activities ie outside of work hours Loss of passport Kidnap and/or Ransom of the student

29. 28 Marsh UK 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

30. 29 Marsh 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 activities

31. 30 Marsh UK Cover for other risks Personal Liability and travel related risks Cover can be arranged via a students 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

32. 31 Marsh The 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 its own merits Likely for the student to be classed as a third party in many countries and not as an employee

33. 32 Marsh Conclusion 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

34. 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