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SBH  
#1 Posted : 13 September 2017 12:42:35(UTC)
Rank: Super forum user
SBH

The employer is the responsible person in fire safety, but what accountability does a facilities management company have if their tasks are not completed correctly. eg fire alarm is not serviced, extinguishers are not serviced, and   an enforcement notice is issued. Is it the FM who receive it or the the employer or both who are responsible and should receive the notice?

SBH

RayRapp  
#2 Posted : 14 September 2017 07:41:42(UTC)
Rank: Super forum user
RayRapp

It really depends on the actual circumstances and how the fire authority decide who is the 'responsibe person' pursuant to the RRFSO.

1/ The employer of the building for failing to ensure that all fire safety controls and systems were provided and tested by a nominated and competent person. If under his control.

2/ The person who has day to day control over the premises.

3/ The owner where the person in control of the premises does not have control in connection with the carrying-on by that person of a trade business or other undertaking.

Clearly the responsibilities of the FM provider should be articulated in the T&Cs of the contract. However that does not negate the employer of all responsibility because they should make resonable checks to ensure the FM contractor is carrying out their duties diligently.

Hsquared14  
#3 Posted : 14 September 2017 08:13:12(UTC)
Rank: Super forum user
Hsquared14

The employer is still responsible and accountable all they have done is delegate the activity to a third party.  The employer should have a mechanism in place to check that the tasks allocated to the FM Contractor have been completed, I would expect the employer to hold regular due diligence meetings with the contractor to check that the terms of the contract ie all statutory inspections etc are being carried out to the correct timescales and are properly recorded.

A Kurdziel  
#4 Posted : 14 September 2017 08:29:18(UTC)
Rank: Super forum user
A Kurdziel

The point of the legislation is that someone has to take responsibility. People therefore tend to be responsible for the areas that they manage. So the landlord will (depends on the contract/lease)   will retain responsibility for the fabric of the building. If this is at fault (eg not maintaining the fire doors, fire stop not in place) then they are accountable. If the issue relates to how the business is being run (eg fire evacuation procedures) then the tenant carries the can. In the case of FM contractors this depends on the nature of the contract but the client is ultimately responsible for making sure that the work is carried. If the contract was drafted by someone with half a brain cell then they would have made sure that the FM company have to do the work if required, otherwise it might be the client (or the tenant or the landlord).

The enforcers don’t care who does the work as long as it gets done.

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