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Owner and owned on same site, who's responsible?
Rank: Super forum user
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Here's a question, but I ask that if you do not know please do not try guessing because it's quite important:
Two businesses are on the same production site, around 100 employees in total. In one large room there is the owner, who own the building, pay the wages, own the machinery etc., and which consists of several directors, and who have shares in the owning company and responsibilities under the Companies Act etc. Outside that large room is a business which has a different name but which is owned by the first company. The senior management have a courtesy directors title, e.g., Managing Director, Technical Director, Sales Director, etc., but are not directors with regards to the companies act. The directors with the courtesy directors titles run the production and marketing side operationally and day to day.
With regards to the senior H&S responsibility, let's say if something went significantly wrong, would you say the directors with the courtesy titles have the senior responsibility or the directors of the owner have the senior responsibility? If the latter would you then expect to see that reflected in the site H&S Organisational Arrangements Document?
Thanks and regards.
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Rank: Super forum user
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Who is the controlling mind. Not the business unit "directors" from your description. Ultimately look at company house register.
Bob
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Rank: Super forum user
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Thanks for your reply Bob.
Phil.
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Rank: Super forum user
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I would also look at who is/are the employer/s ?
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Rank: Super forum user
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Good advice given already so take heed of it and; -
noting that we always need on this site lots of info to give credible opinions it sounds like there are two business here - check the tax man and similar for their various registrations and thereafter each company will have their own liabilities etc and titles do not really matter as has already been said its a 'controlling mind' situation and similar that counts - examples of who is responsible for what will be shown in the details held by Company House and H&S policy noting that if a H&S policy does not exist then there is probably an automatic crime present in regards to H&S if in doubt the most senior person in each case will have the duties and liabilities irrespective
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Rank: Super forum user
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From the limited information you have described, the Directors that make up the "board of directors" of the legal entity, which will be in the information at the Company House will in a legal sense be deemed to be with the senior H& S responsibility. The others with the courtesy directos titles appear to be departmental heads, whom I presume will have a reporting line to one or more of the "pukka" directors..
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Rank: Super forum user
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Thank you to all of you for your replies; I am seeing it as yourselves do. I also ask myself 'if the HSE were to visit and ask to see the senior person then who would we direct them to' and in this case I would be directing them to the 'owner'. If the owner were off site, say 100 miles away, then they still hold the senior responsibility but it is easier for them to argue they were not aware of the day to day operations, so far as is reasonably practicable, whereas when they are on site and move around it then they should be more aware and hence more engaged in site H&S.
As I am looking at the Organisational Arrangements for H&S I am looking to clarify and update this area and so your opinions help.
Thanks again,
Phil.
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Owner and owned on same site, who's responsible?
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