Rank: Forum user 
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Hi all,
I work for an aviation company that is separated in to a number of different companies, for example
ABC Aviation is at the top of the umbrella, with ABC Air, ABC helicopters and ABC Ground Services sitting underneath, all technically separate companies.
ABC Aviation, who owns all of the above, only has 2 employees, who are both directors and they own the building that all of the above companies work in. all of the above companies also has their own CEO etc and employees.
As ABC Aviation only has 2 employees, do they require a written H&S policy and risk assessments etc, and are they liable for anything the other smaller companies are responsible for? Im guessing they are only liable for the building everyone works in as they are the "landlord"?
All other companies do have policies and written risk assessments etc as they all have 5 or more employees, its just the requirements of ABC Aviation I'm intrigued by.
Thanks in advance for any help, this one has stumped me a bit.
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Rank: Forum user 
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The crux of this from a legal point of view (i.e. who would face the man in the curly wig) lies in your use of 'technically' separate companies, or are they actually other legal entities within the group?
If there is one legal entity, the parent company would hold the duties, but if the subsidiaries are seperate, they hold their own.
However, it also comes down to who is the controlling mind - Section 47 duites of Directors (consent, coneivance, neglect)
So, do the 2 directors of ABC Aviation influence the work of the other companies in such a way that can impact on H&S? If so, the directors could be liable even if the 'lower' companies are seperate entities.
Complicated, isn't it. This is an area of an investigation that can take a lot of time to unravel - I used to be in Construction Division, where structures varied - some were PLCs, with other trading arms effectively just departments, whilst other companies were split into seperate legal entities. Sometimes more than one legal entity within a broader organisation may face charges for the same breach / incident depending on their role.
Oh, and some of the details differ in Scotland to England / Wales. I don't miss it.......
Al
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Rank: Forum user
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Thanks Al, and yep, very complicated indeed.
All companies are legally separate, with their own CEO's and management structures etc, however, the guys who are the directors of ABC Aviation can pull the strings if needs be, as they are the owners of it all essentially.
As I said, all of the companies lower down int he umbrella are set up with their own policies, procedures and RA's etc, but the guys at the top want to know what they are responsible for, and as there is only two of them, did they need written policies etc etc.
Great info though, and very much appreciated.
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Rank: Forum user
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To my reading of the scenario, if the 'lower' level companies are stand alone entities, and have systems in place, the individuals should abide by them (and be 'managed' accordingly)
A failure to do so would be a fault of that individual, rather than of the 'higher' company.
Al
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Rank: Super forum user 
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As the law stands an organisation is only required to have a H&S Policy if they employee 5 or more employees - so the answer is no, on the proviso of course the other subsidiaries are legal entities in their own right with the proscribed documentation.
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Rank: Forum user
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Thanks RayRapp.
So it is fair to say that the only obligation from ABC Aviation is to ensure the building that they lease to companies below them is managed and in a safe condition etc?
At present they perform all fixed electrical installation checks, legionella management, fire extinguishers and alarm system maintenance etc etc. But from a landlords point of view, is there anything else they should be doing as the landlord?
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Rank: Super forum user
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Off the top of my head I can only think of - FRA and asbestos register if applicable i.e. built before 2000.
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