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P Browning
Member - 7 posts
Yes, o.k., but what about the forty years ? How many bosses remain the same bosses for forty years and, if they should give up business, or the business goes bust, who then shall "retain a copy of the certificate for forty years" ? Why not a central register, just as for car insurance and licensing ?
The problem with politicians and (sadly) many civil servants is that they've never had the direct and personal experience of business that would enable sensible and practical law-making.
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Alan Heil
Member - 2 posts
Can scaned copies of all the old cerfiicates be kept electronically for the 40 year period, and the paper ones destroyed?
On the othr hand I suppose the only media that we can be sure is still readable in 40 years time will be paper.
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Claire Fuller
Member - 36 posts
After further investigation, it appears the amendments to the regulations also remove the requirement for employers' liability insurance certificates to be kept for 40 years, as the Government believes the cost of retaining insurance policies is a burden on business and the law is not effectively enforced by the HSE.
The removal of the requirement to retain the policies has caused outrage amongst MPs and asbestos groups alike. To find out more, read this news story:
http://www.workplacelaw.net/news/display/id/15676
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P Browning
Member - 7 posts
I fully expect loud howls of protest from those righteous people who, of course, have the absolute right to disagree with me, but I honestly think it is time that someone asked an important question. Just how are we to expect our young people to put their heart and soul (yep, they might even have a soul) into creating a new business, and thus the opportunity for new jobs, when, even before they start, they are faced with a mountain of anti-employer legislation ? They shall become guilty before they are proved innocent, they shall become unpaid tax collectors, they shall become providers of social services such as maternity pay, paternity pay and sick pay, and shall face the wrath of both national and local government if they fail to comply with literally hundreds and thousands of employment laws, health and safety laws, consumer laws and environmental laws. Even if they are still undaunted by all of this in their desire to ecome the new entrepreneur, they must, every living day, beware of the jobsworths who have the absolute right to decend upon them without notice to demand inspection to standards of taxation that even the experts cannot properly interpret. Why would anyone want to put themselves in this position when the 'do nothing' alternative is so much safer and more comfortable ? When, oh when, shall someone realise that until someone takes a risk, and thereby makes a profit, there can be NO taxes, NO health service, NO social services, nothing, not even a government, unless and until there are profits to be taxed. Profits from your labour, profits from investment, profits from buying and selling... Nasty word, but there it is. Continue to strangle it with legislation and you will surely kill the golden goose. I'm very glad that I have got to that old and grumpy stage of life, but I feel very sorry indeed for young people today who, if they seek to become entrepreneurs, must enter a world of trade and commerce that is far, far more daunting than any Dragon's Den. If there are any more such heroes out there, may I wish them the very best of luck, for they will surely need it.
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Jennifer Chapman
Member - 19 posts
Well there are 2 sides to every story and I always feel sorry for the management of companies which have been bought and sold and changed their ways of working and even their products being suddenly faced with an asbestosis claim from a poor blike who worked in the company garage years ago replacing brakepads etc on all the lorries, or a deafness claim - and not knowing where to start with tracing insurance policies from way back.
It is costly both in time and money doing the forensic detection work sometimes necessary and the people who might have once said 'I remember them, weren't they a subsidiary of a UK subsidiary of a French Co who were then bought by a US co in the 1970's'? have by now long since left the insurance cos and brokers.
OK there is help available to the employer from the BIA direct (brokers can't access it for you!) but sometimes that draws a blank and if you are now the owner of that company and there is reasonable proof that you did service the fleet in-house or once did drop-forging and even the MD was deaf so thought it was OK if all the workforce suffered the same fate (not jesting - that one really happened!) - you are lumbered with it!
Encourages the asset strippers I suppose - buy the assets but not the liabilities - but Caveat Emptor and Vendor alike!
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