We have service users with mental health issues who pay rent to a private landlord, we supply staffing 24 hrs a day to look after them as they need a lot of care.

I have been asked todaty whty I visit as it is not our property. I think the landlord is not happy.

I gave this reason:

Health and Safety at Work etc Act 1974, section 2.
The management of Health and Safety at Work Regulations particularly regulation 3, duty to carry out a risk assessment.
The Welfare regulations, these regulations cover, safe access and egress, flooring, toilets, eating arrangements etc.
The Regulatory Reform (fire safety Order) 2005. (FSO)

I also explained that the landlord should be sharing the findings of risk assessments with us, as required under the Health and Safety at Work etc. Act 74 and the Fire Safety Order 05 article 22.

I'm I right?

If they are "service users" they are not employees and so many of these regs won't apply (maybe S3 of HASAWA, concerning people not in your employment, might). I would say that your common law duty of care is more relevant, rather than legislation which is based around people at work.

I think that is more than reasonable- I would imagine they have ways to contact you outside of these 2 visits per year. Perhaps the landlord thinks you are stepping on his reputation?

I personally see no harm in it- you want to know the place your staff are working in is fit for purpose and not impacting on their welfare. It is also a chance for you to rectify any issues your staff may be causing so really the landlord should see it a bit more as a two way street.

I don't really need to let anyone know I am coming to an area. But if it was the landlord I upset It would be water off a ducks back. The person I upset was who I work for and I didn't make recommendations that would change the building, it's layout or anything else. I just made a recommendation to keep our service users and staff safer.

That seems very reasonable - I've travelled to the ends of the earth to visit just a couple of employees working on client sites - so yes, proportionate. The landlord seems unreasonably sensitive in all this though....

Steve,

I seem to have a problem when I use the quote button and reply.

I didn't include the landlord, because the information that it was not our building was not relayed to me.
I didn't report into the landlord only to the senior manager for the area. I like to conduct unannounced visits as well as planned visits as I believe that this keeps them on their toes and gives a better indication of how H&S is being implemented when you walk away. If we always tell them it is like being audited by external agencies managers have everything in order for the day and then it's put to one side until next year. I am talking from experience as an auditors and as a H&S manager who walks around to see what is happening.
I worked for Fords once and they had the CEO visiting from America, we were given radios, a can of paint and a brush, this is so that they could radio ahead and we would have to paint anything that looked bad on route. He was here for an hour and it was a penny pinching exercise to prevent having to paint everywhere. The point being all looked well to him for the hour, us we had to hand back the new overalls and boots we were given and given back the overalls with holes in. Not all looks as it seems.