Rank: Forum user
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Hope you can provide clarity. Basically within the NHS, due to reconfiguration of services, on the 1st April there had been numerous property exchanges throughout the country between different organisations(thanks to the wonderful government).
My scenario,
The ownership of one our properties has transferred to another organisation. The new owners would like us to continue with legionella management requirements e.g. the appropriate tests, flushing, written scheme etc and the 'RESPONSIBLE PERSON' ROLE (who has competence and knowledge of the installation to ensure that all operational procedures are carried out in a timely and effective manner)
Question: Is it legally acceptable for a non-employee of an organisation to be the official 'Responsible Person'. I have a concern with this with regards to legal responsibility and liability for an other organisation that are the duty holder/controller of premises.
One suggest could be is to get the other organisation to accept the Responsible Person is their responsibility and train a member of their staff accordingly - or am I completely off track.
Your thoughts are greatly received.
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Rank: Forum user
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The responsibility lies with them as the landlord
they are pass there authority to you to conduct the work as there representative, if it goes wrong then the person at fault will feel the full force of the law ie if you do not carry out the role of maintaining the equipment as per ppm etc it will be you, if they do not do the work on all of there uildings it will be them or both depending what the failure was
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Rank: Super forum user
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The responsible person does not need to be one person but may be several persons each with separate functions which altogether make up the duties etc of the defined term responsible person. You can obviously do the job required but the responsible person must have the authority to ensure things get done on time and changes implemented where necessary. This you would have difficulty with as you will have no authority over the employees of the other organisation. One member of their staff preferably a director or senior manager should be appointed to oversee the management of legionella and hence will require some training. One point though about carrying out preventative measures and monitoring is that they should be separate roles to ensure independence of monitoring - may be same organisation but different people.
Take care
JohnC
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Rank: Super forum user
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I agree with the past comments. Sounds like the new owners are trying to shirk responsibility without understanding their legal standing. I suggest them going on a responsible persons BS1 course. Had to do a similar excercise with a client and had a joint training session on BS1 where we basically dressed it up as a course for us but shared costs for the course as initially the client thought "great we can go in this course and then be on top of them constantly" as clients usually do :-).
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