Rank: Guest
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The following paragraph appears at the end of the introductory blurb to my Fire Risk Assessment.
Disclaimer
This fire risk assessment has been prepared, written and reviewed by a competent qualified Fire Officer Mr ........................ who is an associate of .................. Consultancy. However, no liability can be accepted if, as a result of the interpretation of this risk assessment or the miss-application of remedial measures by The Company, legal proceedings, injury, death, economic loss or property damage occurs.
This fire risk assessment is generic in nature and must be adapted by The Company , to be specific to the job of work which is being undertaken wherever necessary e.g. hot works.
Client Signature: .................................................... Date: ...............................
The above signatory hereby endorses, on behalf of The Company, the recommendations and comments contained within this assessment.
As this FRA was completed before I joined the Company I do not know what was agreed between the Company and the Consultancy but surely if you pay thousands of pounds for an FRA you would expect a site specific assessment not generic. Some of the stuff in the assessment doesn't apply e.g. they go on about a BBQ in the garden - the Company has never had a BBQ in the garden - I could go on but enough said.
Also are Disclaimers like the one above legal and has anybody seen them before.
Cheers
Rich
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Rank: Super forum user
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Tough one I think.
First you hit the nail on the head with "generic" which would set alarm bells ringing with me.
If they just put the disclaimer on the FRA I think they could still be at fault if things went wrong. But, if you have signed accepting the disclaimer it may put a different slant on things and you could be held partly liable perhaps?
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Rank: Super forum user
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Rich - you know the vaalue of this document already.
Do you want us to make you feel better or just tell the truth from the info that you've provided?
I personally will always include a disclaimer relating to how the client may actually act upon my recommendations as I have no control over that aspect - the rest is worthless in my opinion.
The use of the term "Fire Officer" is probably a straight deception as it implies a serving fire officer; if the document doesn't identify that it comes from a commercial arm of an identified Fire & Rescue Service, it's deliberately misleading. And it can't be your local FRS, it will have to be another.
Unless you've edited it for confidentiality; the use of the term "The Company" tells you that the provider can't even be bothered to put the client name in.
The statement that it is a "generic" FRA and requires to be adapted by yourselves tells you all you need to know about the worth of the document.
You need professional help!
Frank Hallett
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Rank: Guest
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Cheers Frank and SW for your comments.
I guess Frank I just wanted confirmation that the report has no value and wanted verification of the truth. I did, for confidentiality substitute The Company for the real name.
Cheers once again for your comments
Rich
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Rank: Super forum user
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As far as I am aware frs do not carry our fire risk assessments as they are the policing agency.
When I fire risk assess I do not provide a disclaimer as that is a cop out in case something goes wrong.
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Rank: Super forum user
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To add to firesafety's comment and my earlier one re disclaimers.
My disclaimer does not exclude anything that I've done, identified or proposed in the preparation of any report, document or procedure.
The disclaimer specifically excludes what the client/recipient does with it as I have absolutely no means of exercising any control over that aspect.
I warrant my work; I cannot warrant what others do with it. I bet Prof Lofstedt wishes he'd thought of that!!
Frank Hallett
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Rank: Super forum user
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You have to give this consultancy 10/10 for trying, but it is indeed a load of old tosh.
It's for the Courts to decide who is and who isn't a 'responsible person' under Article 5(4)(b) of the Fire Safety Order.
I reckon many Judges would be a little peeved if any professional tried to sign away their legal duties by such an ill- conceived disclaimer
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Rank: Super forum user
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And 'your'company 'paid thousands of pounds' for the pleasure; not knowing the complexity etc of the premises this may have been a little over the top too??
Just out of interest are the 'consultants' on the 'register' of competent consultants or member(s) of IOSH - there may be a possible breach of points 4 and 6 of the CoC???
http://www.iosh.co.uk/~/..._and_Byelaws_060411.ashx
Sorry for pushing the knife in further.
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Rank: Super forum user
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Rank: Super forum user
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Burger!!!
Nor that link - but you get my frustrated drift.
S
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