Posted By Robert Wise Hi, I have been offered a post as a Health & Safety Director for a medium sized building firm. I would like to canvas the opinions of other forum members as to the viability or implications of fulfilling this role on a part-time basis - 1 day a week - partiularly the H&S legal responsibilities of such a position. My concerns are that a part-time appointment of this nature may place me in the situation where I am legally responsible for the direction of H&S in the company, but I will only spend a day a week working for the company. Will this place me (personally) in a difficult position if an incident were to occur. I raised this question in interview and was told that an incident could happen anytime regardless as to how many hours I was employed by the company. However, this obviously does not sit right with me and I would like your opinions in order for me to clarify my thoughts. Many Thanks Bob

Posted By Charley Farley-Trelawney Morning Bob Strangely, I have just taken a position as a Director with a company as head of Health & Safety. I would certainly have my work cut out if I only did one day per week (which I would not!) I suppose it depends very much on your support team, the company will have H&S issues all the time it is open and beyond, so I would need to know what specialists were to be in the company looking after H&S in my absence. Responsibility duties with respect to liabilities are complex to say the least, one thing they can't do is pass over the responsibility to you by having you as the Director once per week in terms of legal liabilities, (try the hse.gov site for further information) I guess at the end of the day the question you have posted has been answered by yourself within the comments you made in the posting, in as much as you are clearly concerned enough to put it up for discussion, if it were me, I would have to consider what happens when I am not there, and in addition, what am I going to be doing with myself for the remainder of the week, I suppose the golf course could always be an alternative. Good luck Charles

Posted By Rakesh Maharaj Bob, I advise and at times mentor (although many wouldn't like to accept) a number of H&S Directors within plcs and medium sized organisations. This has afforded me the opportunity to observe the manner in which they go about meeting the expectations of the board and employees in terms of H&S. My views are therefore: Fully understand what the board's expectation is regarding H&S. If on balance appointment leans towards financial, contractual and legal considerations and a poor safety culture amongst staff exists then a greater amount of time is required to effect H&S changes and improvements within the company. However, should the motivations be what I refer to as 'genuine' in that the board and employees are motivated by improvement then I agree with Charley, the input time is lessened. Whilst an argument exists that this may be you responsibility, determine what the company's short, medium and long term objectives are and whether these can be met within the parameters that have been set. From a legal perspective, whilst I am not a solicitor, there are systems and strategies that one could adopt in overcoming this. It is important that some of these are incorporated into the terms and conditions of your appointment. I hope this helps Regards R

Posted By ken mosley Bob, Apart from certain aspects of the companies act your reponsibilities are not that different from a safety manager, officer, adviser etc. (look at the wording of HSWA sect.37). On a more practical note look at the job spec and remove as many of the "ensures". It is difficult enough addressing your statutory duties without adding conditions of employment that cannot be fulfilled. Then consider the policy and management systems, and how they are audited and policed. Your duty is to ensure the policy is adequate and that the management system is practically applied. You cannot ensure that compliance is continuously maintained only that it is audited. Then decide how much time you need to do the job.

Posted By Diane Thomason Ken - regarding "look at the job spec and remove as many of the "ensures". It is difficult enough addressing your statutory duties without adding conditions of employment that cannot be fulfilled." - this is interesting, are the items specified in a job spec legally part of a person's terms and conditions of employment? If so, surely it's not usually viable to specify that someone must "ensure" things anyway? (apologies everyone, I know we're straying into employment law here.)

Posted By Stuart Nagle Robert. I would suggest the following stategy: 1) inform the company you are interested, but would like to undertake an audit of H&S complaince prior to undertaking the appointment 2) undertake a brief H&S audit - say on a couple of sites and in respect of the policy and procedures and compliance with those policies and procedures. 3) following your audit you will have two things; a) satisfaction with their H&S systems and ways to improve, or; b) disatisfaction and a good idea they are looking to forfill the scapegoat position. 4) If (a) applies put forward you proposals for improvements at your initial meeting as conditions for your acceptance, which should include ensuring it is properly resourced. Get agreement as a condition of employment. 5) if 4 above is agreed, and your happy, take the job. If not, you know you wont have the time or rescourses to do the job - or the backing when push come to shove - and pass it up..... 6) If, after your presentation they are not willing to take you on, on the conditions stipulated, but make promises !!! Give it a wide birth and offer them the name of the nearest law company specialising in H&S litigation. They are only playing at H&S!! Stuart