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Baillie30523  
#1 Posted : 27 April 2012 10:35:55(UTC)
Rank: New forum user
Baillie30523

I am working on a large luxury refurbishment. I know the workplace regs do not normally apply to a domestic premises but this is a high end property which actually has staff accomodation, a commercial kitchen with chefs etc, butlers, so at what point does a domestic premises then become a place of work and has to comply with the workplace regulations? and to what extent? So for instance emergency lighting in the staff areas but not in the bedrooms, living room etc?
peter gotch  
#2 Posted : 27 April 2012 13:32:37(UTC)
Rank: Super forum user
peter gotch

Hi Baillie Section 51 of the HSWA 1974 excepts application of the Act to persons employed as a domestic servant in a private household. If these chefs, butlers etc fall into this category, then neither the Act nor any regulations made thereunder including the Workplace Regs will apply. The principles would apply for the purposes of common law.
bob youel  
#3 Posted : 27 April 2012 13:47:18(UTC)
Rank: Super forum user
bob youel

Cracking info from Peter but is it not correct that what was accepatable in 74 is not know acceptable and has now been changed? I am not fully up to date especially so as recent servant [slave] court cases have made some decisions that have far reaching affects and common, civil & Occupiers liability law does apply
Ron Hunter  
#4 Posted : 27 April 2012 14:16:37(UTC)
Rank: Super forum user
Ron Hunter

Is this is single household, Baillie? Is so, then HASAWA not applicable, but if condominium things are different. In the context of refurb. your local planning and building control people will essentially interpret and dictate the fire safety and other building standards requirements. Many, if not most of the essential elements of the workplace regs will be achieved by default by proper application of the building regs.
aud  
#5 Posted : 29 April 2012 09:09:09(UTC)
Rank: Super forum user
aud

The exclusion of private servants from the HSWA is not quite as simple as 'anyone who is a butler is excluded'. The section actually says: "Nothing in this Part shall apply in relation to a person by reason only that he employs another, or is himself employed, as a domestic servant in a private household." Therefore if a butler, cook, driver, cleaner etc is employed by 'someone' who is already an employer, the exclusion does not apply. In the example cited, it is seems inevitable that there is already an 'employer', so there would be no exclusion. This observation does not cover the overlap of 'workplace' and the complexity of owner & landlord, likely to be registered as a company. Section 51 is relevant though, for individuals engaging personal care under Direct Payment schemes. They then become employers only in relation to the domestic servant in their own household, so the rights and responsibilities of the HASAWA do not apply. However, the common law 'duty of care' applies regardless, and DP advice is that insurance cover for this responsibility is essential. I have not heard any view on if the DP recipient was also self-employed (maybe running an online-shop) that this would affect the above. How times have changed.
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