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Where does the responsibility lie or who would end up in the dock?
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#1 Posted : 30 May 2006 17:52:00(UTC)
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Posted By Gerry Newton I work in the charity sector for an organisation which has a Chief Executive and a Board of Trustees. A question raised by a trustee when approving the Policy revision was, 'who has the ultimate h&s responsibility for the organisation or who would be the person in Court if things went wrong?' The trustees are all part-time volunteers and the only co-opted full-time member is the Chief Executive. Does everything lie with the CEO? If so do the Trustees deserve a mention in the H&S Policy or not?
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#2 Posted : 30 May 2006 17:57:00(UTC)
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Posted By Paul Leadbetter Gerry The Charity Commission has published some downloadable booklets on such matters. I don't have a web address handy but I am sure your favourite search engine will track them down. Paul
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#3 Posted : 30 May 2006 19:41:00(UTC)
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Posted By JayJay In your H&S Policy Gerry it should have a part titled 'Roles & Responsibilties' which goes through the organisation and what part each member plays. Do you have an 'organogram' at the start which highlights who is responsible for role ?
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#4 Posted : 30 May 2006 19:42:00(UTC)
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Posted By JayJay Sorry gerry that should say who is responsible for what role.
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#5 Posted : 30 May 2006 23:58:00(UTC)
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Posted By Tony Brunskill Depends on whether the Charity are employers and the role of individual trustees. Notwithstanding the possibility of criminal liability there is a very real civil liability for the trustees. There is also a "Governance" issue here. See Statement of Recommended Practice (SORP) in relation to Risk Management. Downloadable from the Charities Commission website. The HSE website has guidance on te view of the HSE witgh regard to volunteers. Search Volunteers from the search facility on www.hse.gov.uk . regards Tony
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#6 Posted : 31 May 2006 09:34:00(UTC)
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Posted By Nicholas Williams Check this link as it specifically mentions Charities http://www.hse.gov.uk/en...on/identifying/intro.htm
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#7 Posted : 31 May 2006 11:51:00(UTC)
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Posted By Sheila EJ Keogh Hi Gerry, as already suggested, you need to refer to the SORP for guidance. I also work for a charity org with a board of trustees and I would imagine that your Chief Exec has overall responsibility. You may be interested also in joining the Charities Safety Group (does what it says on the packet). They have a web address: http://www.csg.org.uk Maybe see you at one of their meetings. all the best, Sheila
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#8 Posted : 31 May 2006 16:25:00(UTC)
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Posted By Tony Brunskill Gerry to be clear the HSE policy on prosecutions where they can proceed is to proceed against the Trustees as a group but individual trustees may be proceeded against. Particualr risk is S4 HSWA where the individual need not be an employer but simply in control of the premises. Regards Tony
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#9 Posted : 01 June 2006 13:00:00(UTC)
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Posted By Jennifer Kelly Has anyone checked the SORP in relation to Health & Safety? As far as I can see it only refers to Risk Management in broad terms but with particular emphasis on financial risk and no specific mention of Health & Safety.
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#10 Posted : 01 June 2006 15:36:00(UTC)
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Posted By Tony Brunskill SORP reflects the requirements of the Combine Code born of Guinness Cadbury and others. The Combined Code applies to UKSE Listed Companies and is designed to protect Stakeholder Value. While it is often misinterpreted as being purely financial it is not intended to be so. Risks within any organisation of a none financial nature have the ability to affect Stakeholder value to one degree or another. Those organisations with a more enlightened view incorporate none financial risks in their Risk Management Procedures. A £10m or a £15m fine are very real financial risks and both have occured under the H&S Banner recently (Network Rail and Transco). I would have thought as these are straight off the bottom line the argument can be made that they HAVE affected Stakeholder Value. For many charities Stakeholders will be the persons they are there to help. In providing the help the charity provides value to the Stakeholder. Failure to provide the service can completely remove the value to the stakeholder (i.e. A Prohibition Notice). It therefore follows that SORP should account for H&S Risks where there is a potential for adverse affect on Stakeholder Value in either financial or other terms. Sorry the posting is to the point but I am a bit pressed for time. Going on holiday and clearing the decks. Regards Tony
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