RRO-responsible person

[messy]

Thanks all

so the consensus of opinion is that it is the trust board that are the responsible persons in a hospital trust

each ward and department has a manager....if they are lets say, constantly wedging open kitchen fire doors (each ward has one) the board are responsible with regard to the RRO and not the ward manager?

My take on this type of issue where a local manager is flouting the 'preventative & protective measures' as detailed in the FRA (wedging doors and obstructing escape routes etc), is that the local manager (perhaps as well as the RP) could be prosecuted under Article 5(3) which states:

(3) Any duty imposed by articles 8 to 22 or by regulations made under article 24 on the responsible person in respect of premises shall also be imposed on every person, other than the responsible person referred to in paragraphs (1) and (2), who has, to any extent, control of those premises so far as the requirements relate to matters within his control.

[Midland Retty]

Hi Messy

Yes you are correct. Infact anyone can be prosecuted under the RR(FS)O see article 32 (2)(10) if they commit an offence.

[wee brian]

Yup

Just like a HSE inspector can nick a builder for not wearing his hard hat.

[bungle]

Going back to the hospital scenario, where does the chief executive fit in to the scheme of things?

Bungle

[wee brian]

He meets the definition of anyone. So he can be nicked. But he aint the RP.

[Midland Retty]

Bungle it depends.

Take a look at article 32(2)(8 ).

It basically states that if an offence has been commissioned  with the consent or connivance of, or can be attributable to, any neglect on the part of any director, manager, secretary, or other similiar officer of body corporate then that director, manager, secretary etc, can be prosecuted along with the body corporate.

So if the Chief Exec is part of the trust board and it can be proven that he / she did something in order to commision an offence which fits the above article then he / she may be prosecuted as well as the RP!

If not however it would purely be the body corporate (Trust Board) that would be punished.