Occupation means vocation, profession, trade or calling in which the insured is engaged for reward or profit. Where there is an exclusion relating to particular occupations in a health or accident policy this does not preclude the insured from carrying out acts or duties connected with the ordinary daily acts associated with occupations in general. Occasional acts do not amount to an occupation (Berliners v. Travelers Insurance Co. (1898)). See DISABILITY.

A method of rating whereby the usual premium is based on the insured’s occupation. This is underwriting by occupation, and is used in personal accident insurance where as many as five occupational classes segment risks according to the degree of hazard present in the occupation. Extra-hazardous occupation calls for special consideration. Occupational underwriting lies at the heart of many insurance schemes, e.g. motor insurance for civil servants.

An industrial disease caused by noise exposure. It is an insidious disease affecting the inner ear. Many workers are exposed to this risk and years may pass before they become aware of the situation. The disease’s long-tail potential has serious implications for employers’ liability insurers. The disease is incurable but preventable and has attracted attention from the legislators through the Noise at Work Regulations 1998.

A condition in an occupation that increases the peril of accident, sickness or health problem.
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A condition inherent to an occupation that augments the chance of sickness, accident, or death.

A scheme organised by an employer or on behalf of a group of employers to provide pension benefits for one or more employees on leaving service or on death or retirement. The scheme is run by trustees and can be contributory or non-contributory. Schemes are either defined benefit schemes or defined contribution scheme. See EXEMPT APPROVED SCHEMES.

Statutory body responsible for: issuing contracting out or appropriate scheme certificates for pension schemes that meet the necessary requirements; ensuring that guaranteed minimum pensions and protected rights are secure; and ensuring that equal access and preservation requirements are satisfied. OPB’s involvement extends to the enforcement of disclosure of information to scheme members and advising schemes as to the extent to which their rules comply with overriding legislation and advising schemes on certain rules regarding early leavers, etc.

A group insurance term indicating the occupational split of the company’s workforce, e.g. 30 per cent clerical, 70 per cent manual.

The Occupiers’ Liability Act 1957 contains no official definition. The term, one of convenience, denotes a person who has a sufficient degree of control over premises to put him under the ‘common duty of care’ to lawful visitors. Control is the decisive factor and it is immaterial that the occupier has no interest in the land. The occupier’s control does not preclude others from being liable, e.g. repairing landlords (q.v). See COMMON DUTY OF CARE; OCCUPIERS’ LIABILITY ACT 1984.

The occupier owes the ‘common duty of care’ to lawful visitors. The Act gives particular guidance on how to accommodate the different needs of visitors, e.g. being prepared for children to be less careful than adults. The occupier can expect persons exercising a trade to guard against risks incidental to their trade. He will not be liable for the negligence of independent contractors unless negligent in selecting them or checking their work. Account is also taken of all the circumstances, including warnings of dangers to ascertain if they been sufficient to make visitors reasonably safe. The occupier cannot (Unfair Contract Terms Act 1977) use a notice or a contract to exclude liability for negligence leading to personal injury. See OCCUPIERS’ LIABILITY ACT 1984.

Section1(3) (4) provides a statutory duty of care owed by occupiers to trespassers. A duty is owed if the occupier is aware of danger and knows (or has grounds to believe) that the trespasser may be in the danger area. The duty is to take such care as in all the circumstances is reasonable to see that the trespasser does not suffer injury. Appropriate warnings may discharge the duty. The duty is built around the ‘common duty of humanity’, which took into account, along with the occupier’s skill and resources, his actual knowledge of the trespasser’s presence or likelihood of it. The duty is less onerous than the common duty of care owed to lawful visitors.