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"Appointed persons" under Health and Safety Law
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Posted By Bryan Andrew
Hi,
My colleague and I have been reviewing the info on our Health and safety law poster and we are curious as to who's name/s should be displayed in the "appointed box".
Traditionally it would appear that the H&S departments manager/head/co-coordinator's names have always been displayed, but there are many other people within our company that are "appointed" and have H&S responsibilities.
We are also aware that ultimately the Directors have responsibility for all.
Can anyone offer any advice on who's name/s should be displayed in the appointed Box?
Kind Regards
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Posted By Alan Hoskins
Hi,
We treat this as being the competent source of health and safety advice appointed under Regulation 7 of the Management Regulations.
In our case this is the Health & Safety Officer, but could be others in smaller businesses.
Alan
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Posted By Julian Wilkinson
The person who is responsible for managing health and safety i.e the health and safety manager. You can also add it deputies and local reps underneath but ultimately it should be 'management' level
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Posted By PeterL
I agree with the above post the organisations Health and Safety Manager can be classed as the appointed person (delegated responsibility, but this does not detract from the ultimate responsibility lying with the Director or owner under Health and Safety Law, as these persons will ultimately be held responsible for any acts or omissions re: Health & Safety under the Corporate Manslaughter Act.
Pete
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Posted By Heather Collins
Pete
The Corporate Manslaughter legislation will not allow the prosecution of individuals....
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Posted By Taff2
What if the Director is abroad - will the HSE have powers to chase the directors?
Will they use these powers?
If the answer is possibly, if there is corporate manslaughter - could this mean that foreign directors will only pay lip-service to minor injuries & fractures etc.
Does the law not require the companies in the UK to have UK based directors? (financial)
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Posted By PeterL
Heather,
Should have explained better my meaning was that the Director or owner of a SME would be responsible for any fines levied as a result not culpable of the directing mind or cause and subject to criminal prosecution.
Pete
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Posted By John Middleton
The purpose of the poster is to to direct employees to the appropriate person to give H&S advice; in large organisations, this is usually the H&S manager/officer. Smaller organisations may use a consultant, however as employees would not be expected to gain information directly from the consultant, the name of the person responsible for making that contact if necessary should be given.
The name in the square does not direct the HSE to the person to prosecute in the event of failure.
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Posted By CFT
Heather
Would you care to expand on that one please? I fail to see the relevance as individual prosecution has always been around in other guises and will remain so.
CFT
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"Appointed persons" under Health and Safety Law
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