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Posted By JEB
Is a place of worship in this case a C of E Church a place of work in the context of the Workplace HS&W 1992 regs. Obviously the vicar(paid) works there but there are also paid cleaners.
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Posted By J Knight
Hi JEB,
I read an article about this in SHP in the days before it became a TLA, and what it said was that Churches etc are workplaces, but that Vicars (in C of E) aren't employees, being effectively self-employed (apparently). The same would presumably apply to mosques etc though many imams are unpaid and are effectively volunteers; not sure about Catholic Church, Sikh Temples, synagogues etc etc. In any event the Department of Communities has published sector specific guidance for places of assembly which specifically includes places of worship following the RR(FS)O so they evidently fall under the definition of workplace used in framing that particular piece of law,
John
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Posted By Jonathan Breeze
From memory:
Yes for the cleaners as they are likely to be employed by the parish.
I think it gets slightly trickier for the minister as he is technically employed by God, who is notoriously difficult to prosecute.
One of the unions was campaigning about this a while back from a HR perspective, but I can't remember whether the situation changed as a result.
Not withstanding the above (which may not be accurate anyway), I think it would be very good practice to treat the situation as such.
A case of "Do unto others as you would have done unto you."
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Posted By CFT
Oh Jonathan you have just brightened up my day.
I was going to respond but simply can't follow your post.
CFT
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Posted By Jonathan Breeze
:-)
When the Big Cheese goes on the record over the issue, you listen!
Otherwise when you are summoned to the celestial boardroom, it won't be so much "Well done good and faithful servant..." as "You're Fired!"
...Anyway,
Just checked up some details.
The union was AMICUS as stated in this "Personnel Today" report:
http://www.personneltoda...lergy-claims-at-bay.html
Various opinions on the subject have been given including the following:
"...Or consider the provisions of the Health and Safety at Work Act. Clergy are injured from time to time in the course of their duties, but because they are not regarded as employees, the Act can do nothing to protect them. Other members of the Church can look to the Act to ensure that they work in a safe environment, but not the clergy."
Taken from:
http://trushare.com/44JAN99/ja99trot.htm
However, I can't find any definitive legal guidance.
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Posted By Rob Randall
Hi,
the answer to this one is it depends!
Ministers of religion (all Christian denominations) are definitely not employees but are self-employed. I'm not sure about Muslim and Jewish "ministers" but I would imagine that the law would be equitable in this respect.
However the Anglican church and the Roman Catholic Church have a hierarchical structure with Bishops and dioscesan officials and this probably means that they have duties in respect of their parish priests but not under the HASAW Act.
The presbyterian churches such as the Church of Scotland, Free Church of Scotland etc. have a form of government whereby they are grouped into district presbeterys with a sort of governing council.
Other Free churches, i.e. Baptist, Methodist etc. do not have a hierarchical structure but are self-governing independent churches whose church members make all of the decisions in respect of the running of the church and the administration of its property and other assets.
This last group are in the unique position of being a bit like a club insofar as health and safety law is concerned because each member is responsible for the conduct of the "undertaking". Being charities churches also have Trustees who have duties and responsibilities (mostly financial constraints) under the laws governing charitable bodies.
Although this takes ministers of religion out of the frame insofar as health and safety law is concerned churches do of course have responsibilities under HASAW and the Occupiers Liability Act to members of the public and to anybody that they may employ such as cleaners or handymen/women.
However, like others, I would say that the golden rule should always be followed, i.e. do unto others as you would have them do unto you.
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Posted By Robert K Lewis
Rob R
Just to be a Friday pedant
1) There are also Orthodox, both Russian and Greek,churches in the UK and they too fall under the heirarchical structures.
2) If you have ever dealt with the central Property Division of the Methodist Church you would realise that it is indeed VERY heirarchical but prefers to pretend it is not.
3) Does running a concert or coffee morning bring the activity under HASAWA 74? :-)
In practical terms I see no reason to exempt such places other than when an act of worship is taking place.
Bob
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Posted By Rob Randall
Hi,
In response to Robert Lewis I apologise for leaving the Orthodox churches out of my list it wasn't intentional just practical. I didn't list all of the free churches either, time doesn't allow.
The HASAW Act only applies to the people who are at work, i.e. those with a contract of service, those with a contract for services (contractors) and to anybody who might be affected by the actions of people at work.
Coffee mornings are not usually staffed by employees but by volunteers from among the congregation. The best practice on this is to treat them as if they are employees, i.e. ensure safe conditions and safe working practices by doing all of the things that you would have to do for employees.
As for concerts they are a public performance and all of the requirements for running such events would apply.
Regards,
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Posted By Robert K Lewis
Rob
Have a closer look at section 4 it does not just apply to persons at work. It applies where the employer makes available equipment etc to persons not in his employ. Methinks there may some issues here!!! :-)
Bob
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Posted By Jim Walker
Is this country really so backward that we do not treat religious organisations like any other charitable concern?
To me, C of E is absolutely no different to RSPB.
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Posted By Alan Hoskins
Does the organist get paid (even a nominal sum) or Verger?
Have to carry out risk assessments, including fire risk.
Have to put up no smoking signs now, but that's another argument...
Alan
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Posted By Rob Randall
Hi,
It seems some people are not really reading what I am saying
My response was about whether ministers of religion are employees and whether the HASAW would apply to them.
My answer was "no they are not" but just to clarify I mentioned other situations where non-employees might be involved and suggested that "best practice on this is to treat them as if they are employees, i.e. ensure safe conditions and safe working practices by doing all of the things that you would have to do for employees."
And yes, of course the Fire Safety (Scotland) Act and associated regs (or the RR Fire Safety Order) does apply. And yes of course anything that involves employees will require risk assessment and so on.
Incidentally Section 4 only applies where persons "...use non-domestic premises made available to them as a place of work or as a place where they may use plant or substances provided for their use there..."
An act of worship is not work so the first part of that would not apply and the worshippers are not using "plant or substances provided for their use". Of course the common systems such as the heating, lighting, electrical power and lifts are used, in a sense, but as I said hazards arising from these things are covered by the Occupiers Liability Act and not HASAW Act.
Section 4 may apply to any portable electrical appliances used by volunteers and of course section 4 would apply in the case of organisations using the church premises for meetings and activities such as children's clubs etc.
Regards
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Posted By Alan Hoskins
Hi Rob,
If you look back at the original question, it's about the Workplace Regulations 1992 and not HaSaWA.
The Regulations cover both employed and self-employed persons at work, so priests (self-employed) would be 'at work' when conducting a service and therefore I believe that the Regulations would apply.
In practice though, I think there are some requirements of the Regulations that would be difficult to achieve in all cases - toilets, for example, may not be present in all church buildings.
I have to admit to sometimes responding to posts before putting my brain in the correct gear and my reference to Fire Risk, earlier, is one of those. FR assessments are required because churches are places of assembly, and not because people may be at work in them.
Alan
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Posted By JEB
Many thanks for the information received so far, just to throw a little more into the discussion I originally raised the question because of the new requirement in CDM 2007 Regulation 11 (5) "In designing any structure for use as a workplace the designer shall take account of the provisions of the Workplace (Health, Safety and Welfare) Regulations 1992 which relate to the design of, and materials used in, the structure."
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Posted By Alan Hoskins
JEB,
That's a somewhat different question, but I would still maintain that they would be included. In my response I was considering existing buildings.
Why would you build a church to any lesser standard anyway? In a new build, there has to be consideration of the use of the building and even though the WP Regs apply only to people at work, there surely needs to be a similar provision (heating, lighting, walkways, toilets, etc. etc.) for members of the public present.
Alan
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