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#1 Posted : 11 May 2007 12:42:00(UTC)
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Posted By Esther Bucklee
Hi All

I have a poser for you that has been troubling me for a little while. I deal with all health and safety issues for my company. We are a finance company and office based and have very little risk. We also have a firm of solicitors who do some work for us that "rent" a section of the offices. They have approx 30 staff.

Obviously in some areas I have to take them into consideration as it would be impossible to do emergency lighting for just our bit of the offices and likewise for other "premises based" H&S issues. However my question is this... to what extent are we as the company they are renting space in responsible for their H&S issues ie risk assessments 1st aid, new and expectant mother risk assessments, DSE assessments and so on. We do supply their office furniture and IT equipment if this has any bearing.

I want to know now as I know that two of their staff members are pregnant and I know also that their Head office has not done risk assessments. I doubt they have visited this site with regards to health and safety at all.

Any and all comments welcome and if you have ideas of what more I should be doing please let me know.

Thanks

Esther
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#2 Posted : 11 May 2007 13:12:00(UTC)
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Posted By Glyn Atkinson
From the info given, it sounds as if you have a sub contractor relationship sharing office amenities within one building.

We have a similar undertaking but our contact is joint manufacturing on a production line in one building area.

Our contractor firm supplies all risk assessments for their particular work via an appointed external safety consultant.

I then go through all aspects of joint working with their on site senior manager to ensure that all parties are in agreement with shared facilities or materials.

This involves live CORGI gas testing and commissioning of built gas central heating systems as part of a construction process to mobile homes, so obviously the assessments and actions in place need to be correct to protect both sets of workers - a bit more high risk than your office worker scenario.

My practical advice would be to formally contact the senior member of the solicitors firm in writing to find out if their firm has any provision for control of their staff with regard to safety aspects of their use of facilities and equipment within your building.

Another practical enquiry would be to your liability insurer to see if they have any written clauses for sub letting to third party workers in their risk area of the policy.

This would be your lever to the other party's head office to take action without upsetting anyone.

The insurers could possible revoke your insurance cover or not pay out on a claim if the full assessment process has not been completed and approved.

This advice is from talks held in my firm, and issues raised, not necessarily from a legal or safety perspective.

Hope this helps.
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#3 Posted : 11 May 2007 16:05:00(UTC)
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Posted By Thomas Kennedy
Ether

I think you need to meet you tenants to set out in writing a plan of who is responsible for what (including maintenance reporting and action).

I've been a tenant before in a workplace. We were provided with an empty workspace which we occupied with our own furniture, desks, chairs, tables... right down to the kettle.

We were responsible for the maintenance and testing for everything we provided ourselves etc, and the risk assesments for using them. The risk assessments highlighted a need for first aid provision - it was us that had to provid it

In turn the landlord was responsible for all fixtures and fittings that were permantly attached to the building. The landlord maintained all fire apparatus, building repairs, services (gas electric,water, a/c, lifts),coordinated the fire evacuation test and drills. The landlord also provided reception and security so they maintained that too.

Hope it helps.
Tommy
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#4 Posted : 11 May 2007 16:34:00(UTC)
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Posted By Ron Hunter
Yes, your Risk Assessments should take account of risks posed by your undertaking and activities as they relate to this 'contractor' group, but you do not have any duty to conduct NAEM R/A for their employees.

Regulation 11 of the Management of Health & Safety Regulations, and the associated supporting guidance in L21 (HSE Books) will provide more info.
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