Designated Person vs Authorised Person
There are many important differences between a designated person and an authorised person. One of the most important is that a designated person is not responsible for the company’s debts, while an authorised person is. This blog post will discuss the differences between these two types of people and what it means for your business.
The Construction Standard, 29 CFR Part 1926, Section 1926.32, also defines a designated person: as an “authorized person”, which reads as a person approved or assigned by the employer to perform a specific type of duty or duties or to be at a specific location or locations at the job site.
OK. Which job duty does not, or would not, require knowledge, skill, or training? Which other Standard specifically references a designated person? A common answer is NFPA 70, National Electrical Code, section 590.6(b). In each case, the assured equipment grounding conductor program, where used, requires that the program is continuously enforced at the site by one or more “designated” persons. The program cannot be used without the “designated” person or person(s).
An authorized person means someone approved or assigned by mine management to perform a specific type of duty or duty or to be at a specific location or location in the mine.
According to Law Insider: Authorized Person means any officer of the Fund and any other person authorized by the Fund to give Oral or Written Instructions on behalf of the Fund. An Authorized Person’s scope of authority may be limited by setting forth such limitation in a written document signed by both parties.
Some Key Differences Between Designated Person & Authorised Person
There are several key differences between designated persons and authorised persons. Here are ten of the most important ones:
- Authorised persons are authorised by the company to make decisions on its behalf. Designated persons are not authorised to make decisions on behalf of the company.
- Authorised persons have access to more information than designated persons. This is because authorised persons have access to the company’s confidential information, while designated persons do not.
- Designated persons are usually only responsible for a specific company area, while authorised persons have a more general responsibility.
- Authorised persons are typically senior staff members, while designated persons are usually lower-ranking staff members.
- The authority of authorised persons is derived from their position within the company, while the authority of designated persons is derived from their specific role within the company.
- Authorised persons are usually required to sign documents on behalf of the company, while designated persons are not.
- Authorised persons have the power to bind the company in contracts, while designated persons do not.
- Authorised persons are typically liable for the decisions they make on behalf of the company, while designated persons are not.
- Authorised persons are usually appointed by the board of directors, while designated persons are usually appointed by senior management.
The construction industry knows about competent persons. If a scaffold is erected or excavation is inspected, both shall be inspected before use and periodically throughout the work shift, as necessary, by a competent person. This is a person or person(s) who have accumulated skill and knowledge working in a trade and have received any additional training to increase or improve those skills. This competent person also exhibits sufficient skills in teaching or training others about the specific training topic.
The definition of a competent person is found in the OSHA Standard 29 CFR Part 1926, (Construction Standard) Section 1926.32 Definitions: “competent person” means one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has the authorization to take prompt corrective measure to eliminate them.
Where does the term, qualified person, fit in? The definition is found in the OSHA General Industry Standard, 29 CFR Part 1910, Section 1910.399, “one familiar with the construction and operation of the equipment and the hazards involved.” This ties into the requirements of Section 1910.332 related to training. The OSHA Construction Standard, 29 CFR Part 1926, Section 1926.32 defines a qualified person as one who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated his ability to solve or resolve problems relating to the subject matter, the work, or the project.
The National Electrical Code-2008 edition revised the definition of qualified persons who have the skills and knowledge related to the construction and operation of electrical equipment and installations and have received safety training to recognize and avoid the hazards involved.
How this definition may apply to the workplace includes if an electrical tradesperson wishes to use Exception No. 1 of Section 200.6(E)-identification of grounded conductors, or the Exception to Section 590.6(A)-temporary installations GFCI protection, or the Exception to Section 430.102(B) disconnect at motor location-then person shall be qualified. If not, the exception(s) may not be used, and different wiring methods must be used.