Could your business get burnt by sunburn claims?

Sunburn claims could pose the greatest new liability threat for construction firms. Insurance broker and risk management consultant Aon Limited's construction industry unit, Aon Construction Direct, advises builders to get everyone on site to slap on the sun lotion in order to prevent costly liability claims.

As this summer looks to be a scorcher, the risk of sunburn causing cancer could become the biggest new threat to the building industry by generating huge employers’ liability claims in the future. Contractors across the sector could be facing potential claims amounting to millions over the coming decades if they do not warn their employees to slap on the suntan lotion.

As employers are legally responsible for the health and safety of their employees at work, sunburn is the next long-term threat to the industry whereby an employee could potentially claim negligence against their current or former employer years after the contract or employment has finished.

Skin cancers are caused by excess exposure to ultraviolet radiation – the principal source of which is the sun. More than 70,000 new cases are diagnosed each year in the UK according to figures from Cancer Research UK. Those who work outdoors without adequate protection are ultimately risking their health.

Aon believes that the risk of contracting cancer from sunburn while at work could make sunburn the ‘new asbestos’, with claims steadily emerging over the next few decades.

Aon Construction Direct recommends these three tips to employers:

1. Remind employees and others working on site of your health and safety guidelines: sun protection must be regarded as just as important as the wearing of hard hats and protective shoes, taking care when working at height, etc.

2. Provide suntan lotion to site operatives every day.

3. Advise workers to wear protective clothing.

Subcontracting firms should also remember to ensure that their employees, even when they are working off site and out of sight, are taking proper precautions, as they will be liable as the employer.

Nigel Geary, Team Leader for Aon Construction Direct, said: “As temperatures soar this summer, builders need to think realistically about protecting their employees from the potential cancerous effects of working out in the sun all day. By including sun protection in your health and safety policy, you will be able to more effectively defend a claim if a former employee tries to prove negligence on your part has given rise to their illness.”

Mr Geary continued: “Larger building companies are more likely to have strict health and safety guidelines but it’s the medium sized and smaller businesses who are most at risk of facing big claims as they don’t realise the need to impose these guidelines. It’s easy to take the ‘it’ll never happen to me’ approach but builders must tackle this long-term issue for the well being of both their employees and their business.”

Editor's comment: At the end of last summer, Contract Journal asked readers if their company provided suntan cream to workers. Only 33% of respondents to the online poll for the week ending 6 September 2005 said yes, they made sunscreen available on site. Do you think it's time this changed? Contact us to tell us your opinion.