Once the operator obligations have been identified, you must determine who holds binding responsibility for their implementation within your company. The operator obligations must therefore be delegated to responsible persons within the company.

Who is responsible for the delegation of operator obligations within the company?

The Management or the Executive Board

  • has overall responsibility and jurisdiction over the company
  • is responsible for the implementation of operator obligations 
    pertaining to environmental, energy and occupational safety-related legislation
  • is responsible for the organisation of legal management

The Management or Executive Board cannot fulfil all of the company’s operator obligations themselves, but must instead delegate the implementation of adherence to legal obligations to employees.

 

Operator obligations are delegated by the

  • top management level to
  • the 2nd management level, who delegate to
  • the 3rd management level
  • etc.

If the delegation of operator obligations within the company is not sufficiently organised, then the managing director and the members of the executive board are liable.

For this reason alone the following question arises:

Are the individual operator obligations delegated to responsible persons within your company who hold binding responsibility for the implementation of these operator obligations?

Delegation – Step 1: Do not delegate abstract responsibility for adherence to operator obligations, but instead delegate specific operator obligations

Do not limit yourself to establishing and delegating abstract responsibilities regarding adherence to operator obligations within the company, but instead delegate specific operator obligations. If you delegate abstract responsibilities for operator obligations, it is still not determined which specific operator obligations must be implemented. Ultimately, it is about ensuring that the specific operator obligations are actually implemented. The simplest way to ensure this is if specific operator obligations are delegated. Abstract delegation notices, with which the implementation of all operator obligations within a manager’s area of responsibility are delegated to that manager, do not – experience has shown – provide sufficient assurance of this.

Delegation – Step 2: Delegate the specific operator obligation to the employees who will actually be responsible for the implementation of the obligation.

If you delegate operator obligations from one management level to the next and so on, there is the risk that the operator obligation may become “stuck” at a management level and not delegated to the employee who should actually be responsible for the implementation of the obligation. Therefore, for every operator obligation determine who should actually assume responsibility for implementation and delegate the operator obligation specifically to this employee.

If you have any questions regarding the delegation of operator obligations – call me or send me an email.

I would be happy to assist you – free of charge – with any questions regarding the delegation of operator obligations.

Eva Gaertner
Legal Management Systems Advice
egaertner@gutwinski.com
+43-1-86632-37

With the gutwin software you can delegate and manage operator obligations without any hassle.

Legal obligations

Gutwinski Management GmbH