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#1 Posted : 14 May 2008 10:54:00(UTC)
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Posted By srd
I am a health and safety officer for a company, and have been asked by my manager to "look after" the health and safety of a smaller company within the same Group as us.

This other sister company has dedicated office space within our buildings, and shares some common areas such as staff restaurant and toilets.

Some of our staff enter their dedicated areas to repair equipment, clean etc. Some of their staff enter our areas to access vending machines and to use some of our equipment.

This sister company also provides a service to us, so there is a fair amount of integration between the two companies, with relatively free movement of staff.

What are the implications of me as a health and safety officer of one company "looking after" the health and safety of another, albeit a sister, company?

If someone dies at the sister company as a result of my negligence, would my manager at my company be implicated?

I think that the proposed "looking after" arrangement isn't good enough, and we need to formalise this somehow, but what are the options? The ones that I can think of are:

1 - make me up to Group H&S officer.

2 - work for the sister company as a self-employed paid consultant in addition to my present job (but then presumably I would need to get PI insurance?)

3 - continue working for my company while giving advice to the sister company, but formalising the agreement in writing (but could this legally be done in such a way as to protect my boss if I am negligent towards the sister company?). Is there anyway I could benefit financially from this arrangement?

4 - tell the sister company to make their own arrangements regarding H&S, with me just co-operating with their appointed person.

From a personal point of view I would prefer an option that would result in me receiving more money, which to me is only fair as I will be doing more work and taking on extra responsibilities.

Any advice please?

Steve.
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#2 Posted : 14 May 2008 13:12:00(UTC)
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Posted By anon1234
You role descrition needs to clearly define your responsibilities and that you support both of these companies within the same larger business.

Your manager would not be held liable unless he failed to allow you sufficient time to perform the role, failed to provide proper resource, etc. Obviously some sort of consideration of your competence to support both companies should be made, etc.

Fianacial benefit to you? - thats for you to negotiate, but if this is done formally it sounds like it would require a change in your Ts&Cs, so you may be able to argue the case
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#3 Posted : 14 May 2008 16:00:00(UTC)
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Posted By srd
So would it be OK to 'support' the other two companies without working directly for them or without working for them on a consultancy basis?

Steve.
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#4 Posted : 14 May 2008 17:02:00(UTC)
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Posted By Ron Hunter
If you were to be transferred to the "Group" then you would be in a position to provide advice and assistance to all the companies under that Group.
Who is the source of advice & assistance at that Group level? They should i think have an overview of how this function is discharged across the subsidiaries.
In any event, the function and its provision should be desribed in discrete Policy Statements.
I understand your uncertainty, but if you are all in the same premises, doing much the same thing, this shouldn't be a big issue.
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#5 Posted : 14 May 2008 19:17:00(UTC)
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Posted By D H
Hi - I would have thought that if a company had a few sites (or sister companies) that a robust Safety Management System that was established at HQ would be rolled out to the other plants.
Does not seem practical to have different safety procedures and standards across the business especially if there is interaction among the services and workforce.
If this is the case, then it should be easy enough to implement.


Dave
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#6 Posted : 14 May 2008 19:48:00(UTC)
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Posted By CFT
srd

Reading 'between the lines, I guess you are really getting at potential liability for yourself if anything were to be not quite ship shape and Bristol fashion; so to speak

If you would like to shoot the breeze, I don't have an issue if you want to contact me via the live link.

As has been already intimated by anon1234 your terms & conditions of employment by-way-of CoE would be a reasonable starting point and it also greatly depends on the way you are to be appointed; is it formal or informal, documented or not and so on and so forth, including the additional 'pieces of eight' of course.

Your call.

CFT
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#7 Posted : 15 May 2008 07:54:00(UTC)
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Posted By srd
Liability was at the back of my mind, not just for me but for my current manager.

I thought that if I was employed on a consultant basis by the other two sister companies, then effectively I would be working for them, and in the event of a tragedy at one of the two sister companies then my current manager would not be liable.

As was said previously my current manager may be liable if he didn't allow me enough time to do the H&S work required at the two sister companies, so any arrangement where I don't work directly for the two sister companies could implicate him.

Steve.
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#8 Posted : 15 May 2008 08:15:00(UTC)
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Posted By Glyn Atkinson
I have done this remote advisory role to two sister companies before a formal split, so I have sympathy for your desire for title, status, monetary reward and group overviewing requirements.

Sadly none of these came my way, even though I set up a corporate safety image, with standard documentation and safety approach to training, signage, walkway designation paintwork, standard company SOP paperwork, common induction process for employees and contract workers etc.

From experience, you need to establish your time management, and who will be your day to day contact within the sister companies, strictly for H&S work - perhaps an assistant level appointment at minimum Certificate level, with the option for them to move up with further experience and time.

My distances were the main problem - 300 miles between work locations - not an easy drop in to solve problems area.

Eventually, the appointments were made for separate officer level roles, using my starter paperwork scheme to move forward, but now they are separate company entities after a management buy out and re-structuring process.

At least they have now got a scheme of working of which I can be proud that I set up.

(The NVQ evidence at level 4 stage of my learning curve was also invaluable.)
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