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Posted By Robert S Woods
Can someone explain (b)(ii) and advise on fire risk assessment in multi tenanted properties (businesses): must the tennants co-operate as in the (management regs duty) or at some point does it become the duty of the landlord or facilities management company?
Meaning of "responsible person"
3. In this Order "responsible person" means—
(a) in relation to a workplace, the employer, if the workplace is to any extent under his control;
(b) in relation to any premises not falling within paragraph (a)—
(i) the person who has control of the premises (as occupier or otherwise) in connection with the carrying on by him of a trade, business or other undertaking (for profit or not); or
(ii) the owner, where the person in control of the premises does not have control in connection with the carrying on by that person of a trade, business or other undertaking.
I would be greatful for any help with the above especially if it is plain English.
Bob
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Rank: Guest
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Posted By Robert K Lewis
As I understand them the following is meant:
A) The employer will always be responsible for the workplace under her/his control.
B) In common areas it is the occupier of the area or the property owner if there is no single occupant of these areas. It is the owner /occupier of these common areas who has a duty to ensure the compatibilty of works being undertaken in the premises, this may actually be a management company. This is absolutely right if you think about who controls the tenancy agreeements and is therefore in a position to ensure they are in possession of the facts. They can make it a condition of tenancy or lease.
Bob
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Rank: Guest
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Posted By Ron Hunter
key phrase is perhaps "any extent". All employers operating from or out of premises will have at least some control over these premises, what goes on there, control of fire hazards, etc. The phrasing suggests that it excludes employers of agency staff and/or any contractors working there - i.e. employers who have no control over the premises?
(I do hope that makes some kind of sense..............)
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