Practical rooms · course participants · placements and examinations
Liability insurance for a training institute
A training institute brings people into its building every day who do not work there. Course participants are not employees, and that determines exactly which section of the policy has to cover their injuries.
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Deze pagina in het Nederlands: Aansprakelijkheidsverzekering voor een opleidingsinstituut.
The calculator and the quote form below are in Dutch. Prefer to do this in English? Email info@finassverzekert. nl or call 072 - 509 24 56 and we will take it from there.
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A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
In brief
The distinguishing risk is that there are course participants in your building all the time. A fall on a wet staircase, a cut from a machine in the practical room, a burn in a training kitchen: they are not employees, so the employers' liability section does not cover them. They are third parties and their injuries run through Article 6:162 of the Dutch Civil Code. If you own the premises, the strict liability for a defective structure under Article 6:174 of the Dutch Civil Codeapplies as well, which asks not about fault but about the state of the building.
For your own people the mirror image applies: teachers, instructors and administrative staff fall under the duty of care of Article 7:658 of the Dutch Civil Code, and under subsection 4 so do guest lecturers and instructors hired in who teach under your direction. With practical teaching involving tools, gases, electricity or internal transport equipment that is a real risk and not a formality. Record instructions, work instruction cards and the risk assessment and keep them up to date.
More falls outside cover than people expect. Loss because a course turns out not to be accredited or a certificate is worthless consists of course fees refunded and career opportunities missed: pure financial loss, and that belongs with professional indemnity insurance. The loss of your own teaching space after a fire belongs with business interruption insurance, and the consequences of a data breach involving participant files with cyber insurance. Fines from a regulator are not insurable anywhere. The general explanation is on the hub page on the AVB.
This page deals with one situation. The full overview is on Compare public and employers' liability insurance (AVB).
What to look out for
Four subjects that determine at a training provider whether the policy matches practice.
Course participants are not employees
Check in the definitions whether course participants and attendees fall under 'third parties' and whether there is a separate participants clause. Some policies partly exclude injury to participants in an activity. Collective personal accident cover for participants is also worth considering: it pays without an argument about fault having to be had first.
Practical rooms with machinery and gases
Welding equipment, woodworking machines, a training kitchen, forklifts or an electrical set-up: these are exactly the elements an insurer wants to know about separately. Practical elements that are not disclosed can lead to a reduced payment under the Articles 7:928 and 7:930 of the Dutch Civil Code. Report it as well if you add a new subject or a new set-up.
Work placement students and placements at companies
A student injured at a company falls under that company's duty of care under Article 7:658(4) of the Dutch Civil Code. But as the training provider you are often held liable as well over the supervision and the choice of placement. Record the placement agreement, the safety arrangements and the supervision sessions in writing.
Teaching material lent out and hired rooms
If you teach in hired rooms or at a client's premises, the tenant's liability section comes into play for damage to the building. Materials and equipment you are given to use by a client fall under the care, custody and control exclusion. Both can be arranged, but neither is standard.
What does your premium depend on?
- Number of participants per year: this determines the exposure to injury of attendees
- Share of practical teaching: theory weighs considerably less than working with machinery
- Your own location or a rented location: liability as possessor of the building and tenants' liability follow from this
- Payroll including guest lecturers: the basis for employer's liability
- Vehicles and equipment used in teaching: forklifts and machinery are assessed separately
- Sum insured and excess: per claim and per insurance year
Insurers weigh these details differently. That is where your saving is.
What is covered
| Situation | AVB | BAV |
|---|---|---|
| A participant in your forklift course knocks over racking in a client's training hall | Yes | No |
| A visitor trips over a loose cable in your examination room | Yes | No |
| A guest lecturer stumbles on a broken stair tread in your building | Provided that | No |
| Your scheduling puts an examination on the wrong date, so a group gets its certification a year later | No | Yes |
| The projector you were given to use by the room's owner falls out of its ceiling bracket | No | No |
| Participants demand their travel costs and the leave they took back after a cancelled teaching day | No | No |
For the third row the duty of care applies even without a contract of employment, provided employers' liability is included.
Frequently asked questions
This is what people ask us most.
A participant was injured in the practical room. Which section applies?
A course participant is not an employee, so the employers' liability section does not arise. The injury falls under general liability for damage to third parties under Article 6:162 of the Dutch Civil Code, provided you made a mistake in instruction, supervision or maintenance. If the cause lies in the building itself, liability as possessor of the structure under Article 6:174 DCC comes into play.
Are work placement students covered?
Only if the policy says so expressly. Many conditions name work placement students among the insured persons, but not all. If a student is injured at the host company, that company's duty of care under Article 7:658(4) of the Dutch Civil Code applies there; as the training provider you can also be held liable over the supervision. Have work placement students included expressly in the description of insured persons.
Participants demand their money back because the certificate turned out not to be recognised.
That is not injury or property damage but a financial loss, and therefore pure financial loss. The AVB excludes it. Claims of that kind belong with professional indemnity insurance, which includes the cost of defence. Be cautious with statements about accreditation and the value of a certificate in your brochures. When a claim comes in, that wording is read as an undertaking.
We also teach in-company at businesses. Is that covered?
That must appear from the insured business activity and the territorial scope. Teaching at a client's premises brings extra risks with it: damage to the building, to machines you train on and injury to that client's staff. State this when you apply and check whether the tenants' liability and care, custody and control sections are included.
Read more
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