I work in the Higher Education Sector and our institution operates student residence facilities on campus however, the residence buildings are owned by an incorporated charity made up of 6 trustees; 2 from our institution, 2 from a bank and 2 from a Facilities Management organisation. Despite having 2 trustees from our institution, it is a separate legal entity. Our institution is aware of its responsibilities under health and safety legislation, as is the FM organisation however, my query relates for the incorporated charity. I am led to believe that by not having any employees, it falls outside the scope of the Health and Safety at Work etc Act 1974 (HASAWA74), but I'm not convinced. Can anyone offer any guidance having either worked with charities or found themselves in a similar situation. Specific questions I'm struggling with in relation to the incorporated charity are: * Should it have a H&S Policy? * Should it complete risk assessments? * What are its responsibilities regarding asbestos for example? Thanks in advance. Andrew.

An undertaking does not need to have PAYE employees to fall under the scope of HSWA e.g. Is the charity receiving a 'gain' by a person irrespective of the persons employment status i.e. A person paints the hall for nothing, using their own kit and paints etc in their own time so HSWA applies because the organisation has made a 'gain' and HSWA applies to any paid maintenance that U undertake As for a policy? It would not take long to produce a policy on the lines of your Env policy [which I expect U have] The 5 people comment in law: Just think about it; does the 5 person comment in law really stop U from having liabilities and duties and being taken to court; no it does not, so I would again advise U to have a policy irrespective Almost all other law will also apply especially environmental areas