Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
char  
#1 Posted : 17 June 2015 16:17:24(UTC)
Rank: New forum user
char

We rent an office in a shared block so we share a main entrance/ exit with several other business. We have our own fire extinguishers within our office area: however, there are no fire extinguishers within the shared area or at the main fire exit. I have requested these from the factor but they are refusing and saying it is not their responsibility. They do maintain the fire alarm and emergency lighting. We are in Scotland. Can anyone help with this as I cannot understand how they would not be responsible. Thanks
mssy  
#2 Posted : 17 June 2015 20:07:11(UTC)
Rank: Super forum user
mssy

Char I am not an expert in Scottish FS legislation as 80% of my work is south of the border, but: The Fire (Scotland) Act 2005 states in section 53: _____________________________________ 53 Duties of employers to employees (1)Each employer shall ensure, so far as is reasonably practicable, the safety of the employer's employees in respect of harm caused by fire in the workplace. (2)Each employer shall— (a)carry out an assessment of the workplace for the purpose of identifying any risks to the safety of the employer's employees in respect of harm caused by fire in the workplace; (b)take in relation to the workplace such of the fire safety measures as are necessary to enable the employer to comply with the duty imposed by subsection (1). _________________________________________ Section 79 defines the term workplace as: ________________________________________ “workplace”, in relation to an employer and the employer's employees, means any relevant premises which are used for the purposes of an undertaking carried on by the employer and made available to an employee of the employer as a place of work; and includes— (a) any part of those premises to which an employee of the employer has access while at work; _____________________________________________ Char, this means that your fire risk assessment must cover any part of the building where your staff have access - including communal areas such as stairs, corridors, toilets, waste areas and covered car parks. In England and wales, the fire legislation (Article 22 of the Fire Safety Order) requires all 'Responsible Persons' (Duty Holders in Scotland) to coordinate & Cooperate when they share the same space(s). I cannot find a similar part within the Scottish legislation Perhaps someone will be able to help on the cooperation part of the Scottish legislation
PIKEMAN  
#3 Posted : 18 June 2015 08:52:07(UTC)
Rank: Super forum user
PIKEMAN

Perhaps you are starting from the wrong angle? The controller of the premise should ensure that a Fire Risk Assessment is in place. Ask to see this. It should state what is required in fire extinguisher provision m- it may be that extinguishers are not required - very common nowadays. Ask the right questions. Once you find the responsible person, you can get the answers!
char  
#4 Posted : 18 June 2015 15:22:18(UTC)
Rank: New forum user
char

Thanks for your replies!
mssy  
#5 Posted : 18 June 2015 20:37:47(UTC)
Rank: Super forum user
mssy

Pikeman wrote:
Perhaps you are starting from the wrong angle? The controller of the premise should ensure that a Fire Risk Assessment is in place. Ask to see this. It should state what is required in fire extinguisher provision m- it may be that extinguishers are not required - very common nowadays. Ask the right questions. Once you find the responsible person, you can get the answers!
That is my point!! The common parts used by Char's firm's employees must be covered by Char's firms FRA (as well as the landlord)
toe  
#6 Posted : 18 June 2015 23:31:21(UTC)
Rank: Super forum user
toe

mssy wrote:
Char In England and wales, the fire legislation (Article 22 of the Fire Safety Order) requires all 'Responsible Persons' (Duty Holders in Scotland) to coordinate & Cooperate when they share the same space(s). I cannot find a similar part within the Scottish legislation Perhaps someone will be able to help on the cooperation part of the Scottish legislation
The reason why the duty to co-operate and co-ordinate cannot be found in the above legislation is because its not contained in the Fire Scotland Act. This requirement can be found in section 21 of the Fire Safety (Scotland) Regulations 2006. I hope this helps. However, the answer to the OP may not be in the legislation but in the lease agreement between the landlord and the tenant. My point here is there may be multiple 'duty holders' in relation to fire safety in Scotland, which need to be clearly defined in the contract of the agreements between both parties. In general though - the landlord is normally responsible for the communal areas of the building, including the provision of 'means of fighting fire and means of giving warnings in the event of fire'.
mssy  
#7 Posted : 18 June 2015 23:40:00(UTC)
Rank: Super forum user
mssy

Thanks for the pointer re cooperation Toe
Users browsing this topic
Guest
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.