They also have a Visitor Policy stating that vendors and salespeople hold the company harmless. Good, except that there is nothing that legally ties these two things together. The visitor has not signed the Visitor Policy. They signed the sign-in book, so they are not legally bound by the conditions stated in the Visitor Policy.
In most states, a referenced document in a contract is legally binding, particularly when the contract is between merchants (people in business, as opposed to consumers.) So all that may need to be done is to have boldly printed at the top of each page of the Visitor Sign-in book: “By signing below the visitor accepts the terms and conditions of the Visitor Policy, which is posted near to this desk, and a copy of which is available upon request.” Check with your legal department and your insurer for any specific requirements in your state.
A more thorough approach, the trade-off being that it is a more laborious, is to have each visitor sign a separate agreement form. In this case the security officer/ reception person provides the form, witnesses it being signed, and checks the visitor’s I.D.
The visitor policy should say that the visiting vendor, sales or service person, is self-insured, holds the company harmless for all injuries, agrees to follow all posted safety rules (or any specific ones such as wearing safety glasses in a factory), to not take photographs, to not smoke, to be accompanied by someone from the company at all times, and so forth.
While this is certainly not absolute protection against liability for injuries to the visitor, it is advantageous to have this in hand, should your company be made the defendant in a claim. The cost for this is virtually free.
R3Results can guide you on other things that can be done without cost but which can significantly reduce your liability and losses.
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