Routine tasks can carry significant liability exposures. This article explores key lessons and practical steps to strengthen risk management.
Getting your Trinity Audio player ready...
Key takeaways
  • Even low-risk activities, such as ground maintenance, can lead to serious incidents if risks aren't properlyassessed and managed.
  • Generic risk assessments are insufficient; councils must actively conduct site-specific evaluations that account for terrain, weather and other variables.
  • Risk management strategies that are strong, clear and documented can help to ensure councils avoid costly claims, regulatory fines and reputational damage.
  • Tailored risk reviews, training frameworks and claims defensibility can support local authorities in mitigating risks effectively.

A person operating a lawn mower in a park, cutting the grass. The person is wearing a hat and headphones, focused on the task at hand.

Routine maintenance tasks are often considered low risk. However, they can quickly escalate into high-risk situations, endangering both people and property if key risk management practices are lacking. This risk has been brought into sharper focus by a recent incident where a council employee suffered serious injuries at work.

The Health and Safety Executive (HSE) took strict action as a result and released several key findings from its investigation. These findings are relevant for public authorities, risk managers and insurers.

Key strategies to enhance workplace safety

For a safer work environment and to reduce the likelihood of such accidents, organisations need to focus on proactive measures that address common risk factors. Some strategies to help prevent incidents are:

Without proper risk management practices, councils can expose themselves to significant liability. Regulators and courts are likely to impose hefty penalties. Integrating these practices into daily operations can significantly reduce risks, protect the staff and ensure a safer working environment.

Wider implications for risk and insurance for local authorities

Public authorities are facing numerous lawsuits alleging negligence that causes damage to life or property. Such claims, especially those involving serious incidents and fatalities, may lead to particularly large settlements. This could significantly impact the budgets and reputations of public bodies and district councils.

This situation highlights the need for vigorous risk management, ensuring effective operations and minimising liability exposure. For councils, there are several key principles:

  • Proactive risk management
  • Adherence to recognised safety standards
  • Thorough evidence gathering
  • Implementation of site-specific controls
  • Regular reviews of safety measures and risk management practices

The defensibility of liability claims relies heavily on comprehensive documentation. This includes items such as training records, rationale for machinery selection, and records of decisions and implemented measures.

Aligning with recognised industry guidance is increasingly important in underwriting and claims processes. Failure to do so can result in costly claims, unfavourable insurance terms, limited access to coverage and increased strain on public budgets.

How Gallagher can help

Gallagher works with local authorities to strengthen risk governance across operational services, including parks, estates and ground maintenance. Support can include:

  • Targeted risk reviews aligned with HSE expectations
  • Benchmarking against industry guidance and peer authorities
  • Training and competency assurance frameworks
  • Claims defensibility and liability risk reviews

If you would like to discuss how this may apply to your organisation, your Gallagher adviser would be happy to provide further guidance.

Disclaimer

The sole purpose of this article is to provide guidance on the issues covered. This article is not intended to give legal advice, and, accordingly, it should not be relied upon. It should not be regarded as a comprehensive statement of the law and/or market practice in this area. We make no claims as to the completeness or accuracy of the information contained herein or in the links which were live at the date of publication. You should not act upon (or should refrain from acting upon) information in this publication without first seeking specific legal and/or specialist advice. Arthur J. Gallagher Insurance Brokers Limited accepts no liability for any inaccuracy, omission or mistake in this publication, nor will we be responsible for any loss which may be suffered as a result of any person relying on the information contained herein.

Arthur J. Gallagher Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: Spectrum Building, 55 Blythswood Street, Glasgow, G2 7AT. Registered in Scotland. Company Number: SC108909.

Stay connected with the company that’s connecting the dots with what’s happening in the industry and around the world
Related Articles