Posted By DHM
Hi Andrew

What do you know about the CDM Regs?

Cheers

DHM

Posted By David Bannister
Andrew, Reg 7 deals with employers receiving competent advice with regard to H&S. If you have been told you are competent BEWARE.

There have been very many threads on this subject which you may find by the search forums link to the right.

Also you may wish to refer to the ACOP & Guidance that accompanies the Management Regs, available from the usual sources.

The Regs do not refer to a management representative.

Posted By DHM
Welcome aboard and good luck then!

Posted By Bob Youel

if a bus driver was suddenly made into a designer without any kind of formal training etc would you think that they were a competent designer?

If your answer is yes to the above then remain as your companies competent person!

Posted By Safety Dave
I've sent you an e-mail with a link to a free streaming Safety Rep Training video that might help a little! It's meant to be a preview before you buy but just registering with a "valid" e-mail address will give you the full DVD on line so I hope it helps!

Posted By Bob Shillabeer
Regulation 7 states 'Every employer shall, subject to paragraph (6) and (7), appoint one or more competent persons to assist him in undertaking the measures he needs to take to comply with the requiremenmts and prohibitions imposed upon him by or under the relevant stautory provisions and by Part II of the Fire Precautions (Workplce) Regulations 1997.'

This means the employer must appoint at least one COMPETENT person to assist him to undertake the legal duties imposed by the Regulations.

Competent is the key word here, are you competent to undertake this role, I'm a bit doubtful by your original posting, but perhaps I'm wrong, only you can cinfirm that.

The ACOP states that employers are solely responsible for ensuring that those appointed to assist them with health and safety measures are competent to carry out the tasks they are assigned and are given adequate information and support. In making decisions on who to appoint employers themselves need to know and understand the work involved, the principles of risk assessment and prevention, and current legislation and health and safety standards. Employers should ensure that anuone they appoint is capable of applying the above to whatever task they are assigned.

From this there are two arguments, firstly a compliment has been made by your emploer as he thinks you are capable of delivering this task, secondly if you feel you are not competent enough to undertake this role you will need to be trained to an appropriate standard, so if you feel you are not competent you must draw this to the attention of your employer and request that he arranges any training you will need to undertake the task concerned.

On another thing, if the employer did not consult you on this appointment, how sure are you that he complied with the Safety Representative and Safety Committees Regulations 1977 to consult safety representatives in good time on arrangements for the appointment of competent assistance?

Take my tip, ensure you are adequately trained and confident to undertake this role before you accept it, talk to your employer and get the necessary training and agree exactly what your role will be.

Posted By willhiem
Do they offer some cyanide pills with that???

ah best of luck, if its an architectural practice it shouldnt be too bad. You seem to be fairly aware of most of the issues. Enjoy!

Posted By Andrew Bradbury
Hello Ron,

Thank you for your question..

I've been appointed by my 'boss' as the Management Representative for the business.

I wasnt confused about the two roles - however I did a web search and found plenty of information for Trade Union - safety representative's but nothing regarding advice for new Management Representatives.

Thats why I posted a message on this forum.

I hope that's clear..

Andrew

Posted By Andrew Bradbury
Hello Ron,

No offence taken and to try and clairfy the confusion I’ve just run down stairs and read the office HSE law poster again and I quote:

In particular, your employer must:
- appoint some competent to assist with health and safety responsibilites, and consult you or your safety representiative about this appointment;

Management of health and safety
Appointed Person(s): A. Bradbury (that’s me!!)
Health & Safety responsbility: blank!!

Thats a good start?

Thank you for the weblink but there isnt an employees consultation forum, I’m not a member of the current management team and I’m not the safety representative..

I’ve re read the HSE website again http://www.hse.gov.uk/contact/faqs/lawposter.htm and it said..

Management Representative:

This box is for the person appointed by the employer for health and safety, (i.e. health and safety officer). The Management of Health and Safety at Work Regulations 1999, regulation 7 states that "Every employer shall, appoint one of more competent persons to assist him in undertaking the measures he need to take to comply with the requirements imposed upon him by the regulations". Ultimately this could be the employer themselves, depending on the size and structure of the business, and if the employer has the relevant training and experience.

But here's the problem, I cant find any more information about the role and responsilbility of the Management Representative/ Appointed Person(s) role anywhere on the www.

Andrew

Posted By Ron Hunter
Andrew - sorry to have been a pain.

There is an excellent free pdf technical guide on this very website called "Getting help with
health and safety" which, although discussed in the context of using external consultants, should provide some pointers as to the expectations, competencies and possible limitations placed on appointed persons.
I hope this is helpful!

I now appreciate that the terminology the HSE use on their faqs, i.e. "management representative" is not that used on their H&S Law poster ("appointed person").
Never had cause to look at the faq before, never heard or seen the term used before in that context.