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Eddy  
#1 Posted : 14 March 2013 15:23:51(UTC)
Rank: Forum user
Eddy

Folks

Just a quick question that my MD has asked me and I would like your take on it. At present our MD signs the policy. He asked me could the 3 other Directors sign it along with him so that they are aware that they have responsibilites for health and safety. ED
Kate  
#2 Posted : 14 March 2013 15:26:57(UTC)
Rank: Super forum user
Kate

Yes, it's quite common to do this.
safetyamateur  
#3 Posted : 14 March 2013 15:59:25(UTC)
Rank: Super forum user
safetyamateur

Common practice for one of those directors to have special responsibility for H&S
Eddy  
#4 Posted : 15 March 2013 11:38:49(UTC)
Rank: Forum user
Eddy

thanks for your reply. anyone else like to comment. thanks
malcarleton  
#5 Posted : 16 March 2013 16:55:04(UTC)
Rank: Forum user
malcarleton

Its common practice where I work to have "Personal Charters" where individual management figures sign on to company Safety and Quality policies and accept their individual post responsibilities. These charters are openly displayed within our Safety Plan which is a living document available to all employees through the company intranet.
KieranD  
#6 Posted : 17 March 2013 07:47:47(UTC)
Rank: Super forum user
KieranD

Eddy

The simple innovation you refer to offers a straightforward route to enriching the safety culture of your organisation, provided and to the extent that you accompany the procedures of signatures with a well-designed company survey that implements the principle of mindfulness advocated by the leading safety researchers, Andrew Hopkins and Tim Marsh.
djupnorth  
#7 Posted : 18 March 2013 12:29:42(UTC)
Rank: Forum user
djupnorth

Please, please, please can we stop this practice of getting Managing or other directors to sign health and safety policies. It is a dangerous practice that could have serious consequences for the individuals concerned and then possibly you as the health and safety practitioner.

Health and safety duties are owed by the organisation as the employer and not by the board as a whole or by individual directors, as these duties are non delegable. Therefore a director should only sign a policy for and on behalf of the organisation. Responsibilities should only be delegated to the extent that matters are within that person's control. To do otherwise could be akin to painting a large target on them and saying to the prosecuting authorities come and get this person.

On a weekly basis I have to advise client MDs/CEOs of the above and they tend not to be best pleased with their health and safety adviser who suggested that they sign the policy "to show commitment to health and safety".

We all know directors who could not care less about health and safety but getting them prosecuted could also have serious implications for your future with the organisation.

Please message me if you have any questions, or you would like further information.

Many thanks.

DJ

damelcfc  
#8 Posted : 18 March 2013 13:02:07(UTC)
Rank: Super forum user
damelcfc

djupnorth wrote:
Please, please, please can we stop this practice of getting Managing or other directors to sign health and safety policies. It is a dangerous practice that could have serious consequences for the individuals concerned and then possibly you as the health and safety practitioner.

Health and safety duties are owed by the organisation as the employer and not by the board as a whole or by individual directors, as these duties are non delegable. Therefore a director should only sign a policy for and on behalf of the organisation. Responsibilities should only be delegated to the extent that matters are within that person's control. To do otherwise could be akin to painting a large target on them and saying to the prosecuting authorities come and get this person.

On a weekly basis I have to advise client MDs/CEOs of the above and they tend not to be best pleased with their health and safety adviser who suggested that they sign the policy "to show commitment to health and safety".

We all know directors who could not care less about health and safety but getting them prosecuted could also have serious implications for your future with the organisation.

Please message me if you have any questions, or you would like further information.

Many thanks.

DJ




So who is signing them in your world DJ?
SteveL  
#9 Posted : 18 March 2013 14:46:24(UTC)
Rank: Super forum user
SteveL

dj so HSG 65 OHSAS 18001 standards are being bettered by? who signing them? Who has the direction of the company if not the director of or CEO of the company. Oh you mean the lathe operator from the shop floor who has a grumpy supervisor shouting the odds at him.

"We all know directors who could not care less about health and safety but getting them prosecuted could also have serious implications for your future with the organisation"

It could also have serious implications for the safety and health of employees, OH forgot their the ones setting the direction of the company.
So the directors and ceo's have no responsibilities any where up north now because all the policies are signed by ?
NickH  
#10 Posted : 18 March 2013 14:57:29(UTC)
Rank: Super forum user
NickH

It is not a legal requirement, but is seen as best practice.

http://www.hse.gov.uk/textiles/audit/part1.htm

http://www.hse.gov.uk/contact/faqs/policy.htm
damelcfc  
#11 Posted : 18 March 2013 15:15:03(UTC)
Rank: Super forum user
damelcfc

Corporate Manslaughter has come in essentially to porridge MD's (as in effect they ARE the Body Corporate - the acting mind) for acts/omissions relating to H&S failures.

You cannot suddenly NOT get the Director with H&S responsibilities to sign the Policy Statement and think its all ok! 'You ain't signed it so you'll be alright' - it don't work like that!

It's been best practise, no more than that, its been standard practise since Adam was a lad for the Policy Statement to be signed by the Directing Mind with H&S responsibilities.

Why wouldn't you?!
NickH  
#12 Posted : 18 March 2013 15:43:39(UTC)
Rank: Super forum user
NickH

damelcfc wrote:
Corporate Manslaughter has come in essentially to porridge MD's (as in effect they ARE the Body Corporate - the acting mind) for acts/omissions relating to H&S failures.

You cannot suddenly NOT get the Director with H&S responsibilities to sign the Policy Statement and think its all ok! 'You ain't signed it so you'll be alright' - it don't work like that!

It's been best practise, no more than that, its been standard practise since Adam was a lad for the Policy Statement to be signed by the Directing Mind with H&S responsibilities.

Why wouldn't you?!


I completely agree - I was just underlining that it wasn't a legal requirement. For the record, my MD has signed ours. Then again, he is actively supportive of H&S within our business.
Phil Grace  
#13 Posted : 19 March 2013 15:52:43(UTC)
Rank: Super forum user
Phil Grace

Damel wrote: "Corporate Manslaughter has come in essentially to porridge MD's "

Am I misunderstanding something? CM does not confer any right to prosecute individuals. It allows the firm to be prosecuted following a workplace fatality without the need (as in the past) to secure a conviction of an individual.

It could be said that prior to CM it was more dangerous for a director to sign a H&S Policy statement since that could be a route to them being sued for Gross Negilgence Manslaughter. But then again Gross Neg still exists so perhaps there is little difference!

Phil
A Kurdziel  
#14 Posted : 19 March 2013 16:09:33(UTC)
Rank: Super forum user
A Kurdziel

Whether the MD, or CEO or whoever does or does not sign a Policy Statement makes no difference to the issue of criminal liability. In the first instance the duties and responsibilities under H&S law lay with the employer ie the organisation that they are all working for. Everybody in that organisation has a personal duty under Section 7 of the Health and Safety at Work Act 1974 and there are additional duties for directors Section 37. None of this is delegatable.
So whether the statement is signed or not has nothing to do with criminal liability. What it does demonstrate though is a commitment to the policy. A policy with nobody’s name under it does look odd. If someone chooses to ignore the statement they can just turn around and say “Well who is responsible for this who is backing this, why can’t I just ignore it?” A policy with no backing is just hot air and wishful thinking.
damelcfc  
#15 Posted : 19 March 2013 16:40:17(UTC)
Rank: Super forum user
damelcfc

Phil Grace wrote:
Damel wrote: "Corporate Manslaughter has come in essentially to porridge MD's "

Am I misunderstanding something? CM does not confer any right to prosecute individuals. It allows the firm to be prosecuted following a workplace fatality without the need (as in the past) to secure a conviction of an individual.

It could be said that prior to CM it was more dangerous for a director to sign a H&S Policy statement since that could be a route to them being sued for Gross Negilgence Manslaughter. But then again Gross Neg still exists so perhaps there is little difference!

Phil


Your bang on Phil - sorry my bad, GNM still stands and is actually what the MD would (could) go for. CM generaly fines the Company - quite often as you point out they live hand in hand on the shelf and are thrown in the direction of the company/individual at the same time.

so, CM, GNM, s37, s36, s7 - one way or another all angles pretty much covered ;-)
Eddy  
#16 Posted : 20 March 2013 10:56:32(UTC)
Rank: Forum user
Eddy

Thanks all
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