Rank: Forum user 
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I have been asked by my church Trustees to look at creating a health and safety manual for the Church. However, I am not sure that the Elders (3 out of the 4 consider themselves self-employed) are responsible under the provisions of the HSWA 1974.
I would be grateful if someone could establish the appropriateness of self-employed people being as named and accountable for the management of health and safety in a 'church' envionment
The Trustees were very aware that, as a legal entity, the Trust can sue and be sued! We need some protection and I have tried to take a common-sense approach.
Can anybody help me with some advice
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Rank: Super forum user 
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http://www.communities.g...ons/fire/firesafetyrisk7 refers to generic fire safety within as it says, small and medium places of assembly, which includes churches. You can download the document for free if you scroll down. If the Elders do not consider themselves responsible, who else would be, self-employed or not? Good question though, the answer does not spring to mind immediately. Long day.
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Rank: Super forum user
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Sorry Applegarth, did not read your post properly, told you it has been a long day. FRA advice not specifically relevant for h&s manual but hopefully will give useful info anyway.
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Rank: Forum user
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Given that you will have cleaners, maintenance people etc working on site who may be employed by the Church Committee, it would make sense to have something in writing, though it needn't be too lengthy or wordy. Just something outlining responsibilities etc. There is always the risk scenario where the little old lady who comes in and does the flowers twice a week slips over and breaks her hip. Often, the little old lady has a son or daughter who think they knows enough about the law to get her to pursue a claim.
Who would be liable then? Perhaps the church elders need to contemplate this......along with Section 37 of HSaW.
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Rank: Super forum user 
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I would expect that your church is a registered chairity, in which case the Trustees are accountable for compliance with all relevant legislation, including H&S. If your local congregation is part of a larger body, then the corporate Trustees should have made it clear how their responsibilities are devolved to the local congregation. Trustees don't have to be employed - for most charities they are all unpaid.
In my own case, it is clearly defined that the local 'governing body' are responsible as Trustees for local matters. I have found it fairly easy to compile a generic risk assessment for the premises, and a fire risk assessment. These are then discussed with the small number of employees, to make sure nothing significant has been missed and that the documented controls are practical and effective.
We don't have a 'safety manual' as such, but if you want one, then it should be based on the risk assessment(s). We do of course have some written procedures, but they are in the form of notices, signs or overall job instructions for the various individuals with specific roles. The risk assessment is reviewed with anyone who takes up one of these roles as part of the handover.
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Rank: New forum user
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Find out who your insurers are. Ecclesiastical Insurance produce some good guidance on church HS Policies, Health and Safety and Fire.
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Rank: Super forum user 
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As it is Christmas and have just watched 'Miracle on 34th Street', in which the judgement of the court cases hinges on the governments 'official' recognition of God as demonstrated by the motto on US bank notes 'In God we Trust'; I wonder if the UK courts would consider God himself to be the employer for the purposes of the HASAWA? :-)
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Rank: Super forum user 
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Re-iterating some of the previous comments, I believe that the Trustees are responsible for health, safety, welfare and fire matters relating to the church. It is not too onerus and some basic rules, policy and so on to manage the premises are required. Ideally, one of the Trustees should take ownerhip of these matters on behalf of the Trustees.
In God we trust...but just make sure you have the policies and practices in place just in case.
Ray
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Rank: Super forum user
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Nicely said RR. God bless us all!
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Rank: Super forum user
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I have to hand it to Ray - an excellent response!
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