COVID-19 poses a number of considerations for an Agency's liability insurance in returning to normal business activities, including in relation to the safety of staff, volunteers or students entering third party premises.
- This is essentially an Occupational Work Health and Safety question.
- The instructing Agency have a responsibility to ensure any third party premises they send staff, volunteers or students to is safe and has the required OWH&S regimes in place.
- Likewise, the third party premises that is receiving the staff, volunteers or students, is required to ensure it complies with all legislated OWH&S requirements. This will also include any additional COVID-19 specific requirements.
- The instructing Agency therefore would need to satisfy itself that any third party premises it is using for placements, or that its staff or volunteers are entering into, are compliant.
- The instructing Agency should also provide staff, volunteers or students entering third party premises information on COVID-19 safety (ie washing hands, etc).
- If the staff, volunteers or students are not comfortable going to a specific third party premises alternative arrangements should be made.
The above principles also apply for an Agency’s own workplace as they return to normal business activities.
There is no exclusion for COVID-19 or pandemics under the Civil Liability cover provided in the SAicorp Agency Agreement. SAicorp will meet the reasonable costs incurred to defend any civil claim for which an Agency may be legally liable, including for loss, injury or damage arising out of an Agency’s alleged negligence in managing exposure to COVID-19 in the workplace or at a third party premises.