Churches- written risk assessment or not

[wee brian]

Yes - when they talk about licensed premises they mean any form of license or other statutory registration - so Licensed HMOs, Licensed dogs homes, Registered Care Homes and god knows what else.

[kurnal]

The following are extracts direct from the Order:

" (6) As soon as practicable after the assessment is made or reviewed, the responsible person must record the information prescribed by paragraph (7) where—
(a) he employs five or more employees;
(b) a licence under an enactment is in force in relation to the premises; or
(c) an alterations notice requiring this is in force in relation to the premises."

and from definitions:

""employee" means a person who is or is treated as an employee for the purposes of the Health and Safety at Work etc. Act 1974[8] and related expressions are to be construed accordingly"


With regard to the status of volunteers and the definition of employees I found the following link interesting, and there is a further link within this page to special types of employees which refers to a number of important legal cases.

http://www.hse.gov.uk/enforce/enforcementguide/investigation/status/contract.htm

I dont think things are clear cut at all and we will have to await some case law for a determination of when a volunteer is an employee. It appears to be very rarely the case.

[kurnal]

Just been brought to my attention that the link in my last posting is now out of date. Have rummaged around in the bowels of the HSE website and unearthed the following links, which I think have replaced the earlier info.

http://www.hse.gov.uk/contact/faqs/charities.htm

http://www.hse.gov.uk/enforce/enforcementguide/investigation/status-specific.htm#P53_8285

[John Webb]

Thanks for the update, Kurnal.

The IFE Heritage Special Interest Group continues to work on guidence for the more traditional places of worship and will be looking at what we hope is a final draft later this month.