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Posted By christopher
It was suggested to me that when giving instructions to persons at work,we take on the legal role of a employer.
Do you think this is correct?
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Rank: Guest
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Posted By Kieran J Duignan
Christopher
As you don't indicate the context of your question, perhaps the best way of considering your question is to read Regulation 7 of the Management of Health and Safety at Work Regulations 1999 about 'competent person' and make your deductions from that.
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Rank: Guest
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Posted By J Knight
Hi Christopher,
Who's 'we' in your question? Do you mean safety professionals (in which case Kieran's point is relevant) or do you just mean anybody giving instructions, in which case your question seems to relate to the provisions of the Act itself rather than to Reg 7.
Who is or is not 'the employer' seems to me to be a question in contract and employment law. Certainly, we are all part of our employer's undertaking, but if you mean that, in giving instructions to our co-workers, does s2 of the H&S at work act (duties of employers) apply to us, I think my answer would be no. People who give faulty instructions which result in injury are usually prosecuted for their part in causing the injury under s7, duties of employees. the employer may well be prosecuted at the same time for breaches of s2, but we all know how difficult it is under current rules of procedure for courts to identify individuals as employers in anything but the most simple of organisations,
John
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