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#1 Posted : 20 July 2009 11:34:00(UTC)
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Posted By Rob35 As the title suggests, I have come across a request to state within a policy that overall responsibility for H&S is between 2 directors. Normally we state something along the lines of 'MD has overall responsibility for H&S......' This is the first time I have had this request, taking aside potential in house conflict etc, is this allowed legally? Thank you in advance Rob35
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#2 Posted : 20 July 2009 11:41:00(UTC)
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Posted By FAH Hi Rob Assuming you referring to a UK organisation, there's no reason for it not to happen. In fact, for larger, or operationally diverse, organisations, it may be the only way to go - although the MD or Chairman of the Boeard should still be identified as the ultimate responsibility. However, I would strongly urge that if the H&S responsibilities are to be shared by more than one Director; then the Policy explicitly identifies which Director will have primary responsibility for which subject. Also, how they will share any conflicting or overlapping roles. Frank Hallett
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#3 Posted : 20 July 2009 13:18:00(UTC)
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Posted By Robert K Lewis Frank Or make it clear that both are jointly and equally liable for the failures of the other:-) Usually makes some hard thinking. Bob
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#4 Posted : 20 July 2009 14:22:00(UTC)
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Posted By Rob35 Thank you Frank and Bob for your responses. Basically its a small company with 2 Directors of equal footing, no option to split responsibilities as you could for larger organisations. I felt it was a weak link, say a safety concern was raised that needs money spent, who would make the decision?? Needs careful wording
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#5 Posted : 20 July 2009 14:30:00(UTC)
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Posted By martinw Do your directors have operational responsibility such as one being finance and the other operations? They may have functions which they carry out or manage which give the answer.
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#6 Posted : 20 July 2009 14:38:00(UTC)
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Posted By Rob35 Not really both operational and still doing hands on work.
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#7 Posted : 20 July 2009 14:51:00(UTC)
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Posted By martinw Rob, I am assuming it has, but has it been discussed with the directors? As long as both are happy I don't see a problem. There will be periods when one is on holiday and the other still there so maybe not a bad thing with two directors for them to overlap on health and safety responsibility.
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#8 Posted : 20 July 2009 15:32:00(UTC)
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Posted By Rob35 Martin, Thank you, yes it has been discussed and are both happy to share the responsibilities. Just checking to see if anybody has had similar experience and whether there would be any issues if things went wrong, worst case scenario! Must start think that my glass if half full ;-)
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#9 Posted : 20 July 2009 15:54:00(UTC)
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Posted By martinw I suppose it comes down to whether if it comes to the crunch, each of the directors will individually see sense when it is required, i.e. follow good advice, and also that they will put their hands in their pockets when they need to, in the event of requirement for new kit, training etc. If they will, then all should be OK. But if one thinks health and safety is only there to avoid being sued, as one of my former directors did, it should prove interesting! From what you have said so far it should be hopefully ok. The fact that both directors are happy to sign up to it is a battle already won.
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