Rank: Guest 
|
Posted By Michelle McGill
I have a question regarding Management Co Agents. Recently me company was commissioned to carry out a risk assessment and prepare a safety statement for a management co agent and risk assessments for the common areas of two of the properties the agent oversees. He insists that the management companies should have safety statements and insists that the management company has primary responsibility over the health, safety and welfare of the subcontractors, etc. that may work in the common areas of their residences.
To my mind, these management companies are people like you or I who own property and volunteer to be on the management company to look after the property, they then hire a Management Co Agent to oversee the hiring, work, etc. of subcontractors, maintenance personnel, etc.
It is my stand that the Management Company Agent must have a safety statement containing risk assessments of the common areas of residences he oversees as well as the risks associated with his own company. I reckon that the Management Companies see the agent as the competent person to oversee maintenance / service works, etc. of their premises.
Am I wrong? Have been researching like mad to find a verifiable answer to this debate with no success. I understand there is a steering committee looking into this very issue and planning to put forward legislation, but that could take ages! Any ideas or suggestions would be sincerely appreciated!!
Michelle McGill
Grad IOSH
|
|
|
|
|
|
Rank: Guest
|
Posted By Raymond Rapp
Michelle
I am not too familar with the work environment you describe. However, the underlying principle of health and safety liability is one of a shared ownership betwen all duty holders. In other words, each organisation would have a responsibility for looking after the safety of others. Your premise is correct as far as I am concerned.
Regards
Ray
|
|
|
|
|
|
Rank: Guest
|
Posted By Bob Youel
the 'control test' is VIP as that will be a very important part re any enforcement action,
so ID who is the controller for what etc and move on from there
there is case law where the employer has been prosecuted when their employee was hurt in 'common' areas as against their specific work area; as it was deemed that the employer is the controller of their employee in most circumstances irrespective, unless there is a real case to argue differently
contractual agreements [e.g. I control that & you control this'] are no defence re criminal nor civil law
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.