Posted By GARYS As far as I was aware the most senior manager within a company (Typically M.D) is the person who is legally responsible for all regulatory affairs (H.S.E), this is the person who is responsible for signing the statement of intent and usually various other (senior managers) have the responsibility delegated down to them. The company I worked for is owned by a Dutch company where we form part of a European Division, there is a proposal to change the current management model from a "Country" model (M.D., Supply Chain Director etc) to a Euro model which will have 2 Operations Directors who in turn will have site directors reporting into them. There will be no M.D role but an appointed "legal reasonable" for each country to cover any specific local laws, but this person has no responsibility for any of the operations. My question is, with this model can the European Operations Director for the purpose of the H.S&E policies been show as the responsible person with no mention of the most senior manager within the UK company. According to the HSE the law doesn't require a signature on the policy?? just a policy. If there are any regulations which state a senior manager of a registered UK company has to be appointed could someone please advise as, as yet I can not find any reference which is confusing me. Maybe as it just common practice I just have it in my head that its a requirement. I look forward to your comments and thank you in advance

Posted By Jay Joshi I work for a global company that has no UK designated Managing Director. The legal entity responsible for UK is the company registered as a limited company in UK and this has a board of directors. There is a "Country Manager" who has H & S responsibilities, who has very little direct control over the "operations". Despite all this, there is no confusion regarding where health and safety responsibilities lie. The global entity has a CEO and VPs. We have a global HSE policy etc, supplemented by local (country/site) policies.

Posted By Jay Joshi There is no explicit health and safety legislation, but there is HSE Guidance on Directors. In our case, the UK country Manager is also on the Board of Directors of the UK entity registered with the companies house and he is "responsible" for all UK Health and Safety matters, despite the fact that the CEO and most of the VP's ( who are senior to the Country Manager) of the global entity reside in UK and on the same site. The CEO and VP's are responsible for the Global performance.

Posted By DJ Sorry, I forgot to add, that a MD (or other person) signing the policy is generally signing for and on behalf of the Board and not as an individual. Regards. DJ.

Posted By Cliff Davis In line with this question, more specifically aimed at the corporate manslaughter legislation. One of our directors has asked about training courses for directors on H&S law/issues. I think he's speaking from a position of a role within a company who has little experience in what he's letting himself in for by being a director, given he's in the firing line legally. Any suggestions on directors courses??.

Posted By GARYS Thank you to all that have posted a response to my query. To answer a questions which was raised by a couple of you - Yes the UK site/s are registered with Companies House as a UK company so it does exists as a legal entity. There are appointed company directors etc. So hopefully now shedding some more light, is there any specific legislation that state that the "board" as a collective or a single appointed board member has to be appointed as responsible for H&S? I know that the HSE recommends this, but I need to have something it black and white (if it exists) and I am struggling to find it (I have look at Turnbull reporting and the Companies Act etc..). The HASAW 1974 uses terminology for "Employer" etc, could I argue that the board is defined as the employer even though the UK company is owed by a large corporation so they too could be classed as the employer??!!! I think I am probably clutching at straws but any further assistance would be welcome

Posted By Andrew Wilson Garys, S37 of the HSWA 1974 give specific definitions of the Body Corporate and the HSE shall identify the 'controlling mind' under this body for any individual(s) prosecution.

Posted By Robert K Lewis The controlling mind is not really an issue unless you were looking at corporate manslaughter under the old Gross Recklessness methodology of the pre CMA regime. S37 is merely looking at any or all actions of one or more senior officers of the company. Bob

Posted By DJ GarryS, There are currently no "directors" health and safety duties other than those imposed by sections 7 and 8 of the HSWA and those imposed on all employees by health and safety regulations. INDG 417 sets out what the HSE believes boards and individual directors need to do to comply with "employer's" health and safety duties. Although compliance with HSG 417 is not mandatory, failing to comply with its provisions can be used as evidence against a company in any health and safety or corporate manslaughter prosecution and against individual directors in health and safety prosecutions. I hope this helps. DJ