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Posted By S Deans
Afternoon,
I am in the process of assessing the competence of contractors. We have received a reply from a contractor who have 4 employees and 2 directors. I am aware that a health and safety policy is required for over 5 employees. My question is do the directors count as employees or not?
Thanks
S Deans
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Posted By Chris Abbott
I would say yes to that question.
Chris
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Posted By Lesley
I would also agree
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Posted By Anthony Slinger
The directors should also be included under the employers liability insurance
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Posted By Adrian Watson
Sorry,
Its 5 or more employees on the premises at the same time, not whether they have 5 or more employees.
Employers' Health and Safety Policy Statements (Excemption) Regulations 1975
Osborne v Bil Taylor of Huyton [1982]ICR 168 DC
Regards Adrian Watson
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Posted By Joe McNicholas
As I understand it every company needs a policy on safety the law only extends to it being in writing.
How about, for arguments sake, asking the company to explain their policy in writing to you.
Or get another contractor who doesn't need a legal requirement to make them think of safety, they would do it because it's morally right. - If only.........
Regards
Joe
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Posted By Adrian Watson
Joe,
For what it's worth I think that Lord Robens got it the wrong way round, Safety Policies don't produce Safe Companies. Before 1975, it was because they were Safe Companies that they produced Safety Policies.
In many respects the idea for a safety policy is an anacronism, dating back to good old prescriptive safety legislation.
Companies don't need seperate written policies for everything, they need safety to be incorporated in everthing. I've seen companies who don't need safety policies because they've well managed systems which include safety. Conversly I've seen poor companies with very good safety policies which aren't being implemented.
Regards Adrian Watson
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Posted By David Sinclair
I agree, it only applies to more than five people regularly on the premises.
I would also point out that not all directors are employees of the company.
Non Executive Directors tend to have "contracts for service" and as such they are more akin to contractors.
Executive Directors usually have a contract of service and as such they are employees.
Regards.
David
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Posted By Ken Taylor
Ask them to describe in writing their organisation and methods for keeping up-to-date with H&S legislation and guidance and ensuring safe working. It should provide much the same information you need to assess them.
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