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#1 Posted : 30 August 2007 15:09:00(UTC)
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Posted By Ian Bruce
The scenario is as follows:

1. Workplace is a piece of land upon which are a number of domestic residences purchased freehold by the owners. These residences used as second homes with some let out to members of the public for short duration (holiday)lets.
2. Owners become shareholders of the company that has established the development.
The company has an elected "Board" who control further development on the site and are "responsible" for the lands maintenance.
3. The company employ a site manager who performs basic maintenance and will sub-contract out specialist work.
4. Members of the public cross the land on a public bridleway.
5. The company own and operate a swimming pool for use by owners and those letting a residence.

I have been asked what level of responsibility the "Board" have to the employee and members of the public, including those letting a residence.

My take on it is that the "Board" are responsible to ensure that everything reasonable is done to protect the employee and members of the public. Although they employ a single employee they will need to both document a basic H&S statement but also prepare written risk assessments etc as a demonstration of good practice - particularly true of fire risk. I know that 5 is the magic number for recording this sort of thing by the way!

I would recommend that everything is documented and warning signs displayed etc where hazards exist on the private land. Arrangements for pool safety have already been considered - training, record keeping, treatment of water, emergency plan, maintenance etc.

Can anyone add anything to my initial thoughts?
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#2 Posted : 31 August 2007 10:21:00(UTC)
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Posted By Bob Youel

they probably have the same responsibilities and liabilities for H&Safety + environmental areas as they do for the tax and social security areas of the company/undertaking that they have created

Irrespective of what a group of people who get together for common gain etc call themselves either officially or not nor how they manage themselves they cannot opt out of the law [written law or otherwise]

you stated that they have only one employee but in fact they could have numbers of builders etc working at the location at any one time plus suppliers, delivery people etc and where does the water from the pool go to?

best of luck
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