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Russ1977  
#1 Posted : 30 October 2017 14:20:59(UTC)
Rank: Forum user
Russ1977

Hi all,

I'd like your opinons please.

To cut a long story short, in one of our buildings, all of the windows on the uppers levels (those that open externally as well as internally) do not have restrictors.  I have argued that because falling through any of these windows leads to a sheer drop and most certainly serious injury or death that they should be restricted.

Others are of the opinion that because building control was passed with the windows in the current state, that this is sufficient.

I would appreciate some points of view guys.

Thanks in advance.

David Bannister  
#2 Posted : 30 October 2017 15:15:18(UTC)
Rank: Super forum user
David Bannister

As so often in H&S, " it depends"

If your buildings are used for school/college activities then there is a good case to be made for fitting restrictors whereas for normal office activities you may decide that they are not necessary.

What is the risk? How likely is it that someone will open a window wide and that someone will then fall out? You are the better placed person to make that judgement.  

Roundtuit  
#3 Posted : 30 October 2017 15:36:39(UTC)
Rank: Super forum user
Roundtuit

You will need to define the buildings purpose (school, college, office, hospital, refuge, hotel, library etc.), typical occupancy (adult employees, young/children, infirm, health issues, general public) and consideration of the openings (full height, sill at 1.5m etc.) to get a clear steer on your question

Personally I despise restrictors and given they are extremley uncommon in the domestic environment question their purpose in situations such as hotels.

Roundtuit  
#4 Posted : 30 October 2017 15:36:39(UTC)
Rank: Super forum user
Roundtuit

You will need to define the buildings purpose (school, college, office, hospital, refuge, hotel, library etc.), typical occupancy (adult employees, young/children, infirm, health issues, general public) and consideration of the openings (full height, sill at 1.5m etc.) to get a clear steer on your question

Personally I despise restrictors and given they are extremley uncommon in the domestic environment question their purpose in situations such as hotels.

Invictus  
#5 Posted : 31 October 2017 07:42:02(UTC)
Rank: Super forum user
Invictus

We don't have them on the central office building, but we do on the childrens homes, schools and elderly residential, unfortunately it wouldn't matter what my opinion is OFSTED and CQC call it. My opinion for them fitted on that type of building is they should be especially the childrens homes as we are dealing with YP's who have complex needs.

Russ1977  
#6 Posted : 31 October 2017 08:54:36(UTC)
Rank: Forum user
Russ1977

Thanks for the replies guys.

The environment is one of a higher educational institution. When it comes to H&S, I tend to err on the side of caution when students are concerned, their lack of safety awareness is a constant source of bemusement.

Ciaran Delaney  
#7 Posted : 31 October 2017 09:30:53(UTC)
Rank: Super forum user
Ciaran Delaney

As someone who has spent a lot of time as a mature student in third level institutions, I would strongly advise that you err on the side of caution.

boblewis  
#8 Posted : 31 October 2017 09:34:16(UTC)
Rank: Super forum user
boblewis

My experience is that most students defeat the restrictors within a day of first occupation.

Jonathan Hughes  
#9 Posted : 31 October 2017 16:06:13(UTC)
Rank: Forum user
Jonathan Hughes

Hi Russ,

I'm not aware of any prescriptive legislation requiring this. What is the justification from your colleagues for not fitting window restrictors? Is it cost, time or effort? In which case you're back to the basics of SFAIRP. Are any of the windows in any way designed to be emergency escape windows? Window ledges make great seats for some people, and a wide window is ideal for a crafty smoke when you don't want to vacate the building or set off the smoke alarms. Therefore it is reasonable to assume that people will be in close proximity to an open window. Add in a reduced perception of risk, combined with a distraction such as using a mobile phone, leaning out the window to speak to someone, if it's accomodation or accessible around the clock - the effects of anything they may have drunk or consumed, and the case to install them is starting to stack up. For the relatively small cost to purchase window restrictors, and the time to fit, versus the pain, trauma, liability and assocaited costs of anyone falling through a window, as CiarĂ¡n suggests - I would err on the side of caution and fit them. 

Best regards, Jon

Edited by user 31 October 2017 16:07:25(UTC)  | Reason: correct a typo

thanks 1 user thanked Jonathan Hughes for this useful post.
Steve e ashton on 30/11/2017(UTC)
A Brown  
#10 Posted : 02 November 2017 16:03:08(UTC)
Rank: Forum user
A Brown

My reading of this when I looked at the same issue in a Uni environment was that there is no defacto requirement, but there is firm industry guidance for education establishments (as there is for hospitals etc) and that the ready availability of restrictors made them a reasonably practicable solution to a forseeable risk (people leaning out to close an open window, for example, so a simple (and honest) risk assessment of the hazard would result in their fitment to all upper floors (and security reasons generally making them a good idea for the ground floor too!)

Al

thanks 1 user thanked A Brown for this useful post.
Steve e ashton on 30/11/2017(UTC)
FM-Dave  
#11 Posted : 30 November 2017 10:52:48(UTC)
Rank: New forum user
FM-Dave

I would agree with the above comments regarding fitment in educational establishments, though I would possibly extend this to publicly accessible areas too.

We currently inspect the window restrictors on a quarterly basis as dictated by the client on a PFI contract, but I presume if there is no legal requirement to fit them, is there a requirement to inspect them if you do decide to fit them? Would this be based purely on the original risk assessment that decided to install them?

Accidentia  
#12 Posted : 04 December 2017 16:58:51(UTC)
Rank: Forum user
Accidentia

You may wish to have a look at the case of Lewis v Six Continents (formerly Bass PLC) (Roger Ter Haar Q.C.), March 4, 2005, [2005] EWHC 316 (QB), QBD.  The claimant fell from a second floor window, apparenly whilst trying to get some fresh air, in a hotel and claimed against the occupier of that hotel on the basis that the floor to cill height was 50mm below current building regulation requirements and that bars or limiters were not fitted to the window.  In short, the court held that the fitment of restrictors or bars was not a reasonable precaution to impose on householders or hoteliers and the claim was dismissed.  The risk of injury as a result of falling from a second floor window was an obvious one.

However, it should be noted that following this case there is no requirement to retro-fit restrictors.  I believe, and this is not an an area I'm familiar with, that current Building Regulations do require the fitment of restrictors in situations to which they now apply.  Further, the claimant was a "visitor" to the premises and was not working there.  The hotel room would undoubtedly be a place of work for hotel staff and Regulation 15 (2) Workplace (Health, Safety and Welfare) Regulations 1992 provides that:

"No window, sky light or ventilator shall be in a position when open which is likely to expose any person in the workplace to a risk to his health or safety."

Therefore, had the injured party been an employee rather than a visitor, it is arguable that restrictors should have been fitted.  In addition, the above case seems to overlook the possibility of children being in a hotel room, in which case I would expect a different result.  Occupiers Liability cases are always fact sensitive and although the defendants were successful in the above case, one wonders whether the cost of defending this litigation outweighed the cost of the window restrictors.

lorna  
#13 Posted : 05 December 2017 09:40:31(UTC)
Rank: Forum user
lorna

As another one working in a College, I'd go for restrictors too... after most of my career in social care, I thought I'd seen it all but no, the students can still surprise me....

Xavier123  
#14 Posted : 05 December 2017 09:50:56(UTC)
Rank: Super forum user
Xavier123

The decision to fit or not is surely based on an assessment of whether someone can accidentally fall out of the window.  To my mind this should focus on the likelihood of individuals to open the window and the reason for its opening and taken in the context of other existing control measures/risk factors such as cills for perching on and height of window from ground.

In my own personal experience of lecturing in hot rooms with window restrictors fitted and no air con, I remarked to the h&s students that the fitting of the restrictors was likely a disproportionate control measure to address a risk that didn't functionally exist other than in the mind of the designer.  This may not always be the case though.

Regardless, if you form a view that restrictors ARE required, then you will legally need to inspect as they are a control measure you have selected and their effectiveness must be monitored and verified.

I dealt with a fatal accident investigation once in a hostel where the restrictors were routinely broken by the room occupants.  Given that falling out of the window (...individual in this case was attempting to jump INTO the window from a fire escape 6 floors up...) was actually highly unlikely owing to the arrangement of the cill/room etc. then I formed a view that the restrictors were actually superfluous.

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