Rank: New forum user
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Hi All,
I am working for an organisation that has commercial tenants renting office spaces and storage within Aviation Hangars. Each organisation has it's own working practices and staff independent to themselves, including H&S.
Some tenants conduct detailing, servicing or light maintenance on aircraft within the hangar bays - this the reason for their occupancy. The Hangar Bays are accessible by all and are seen as communal (shared) areas, therefore coming under the landlords remit. Tenant activity is currently managed by exception within these hangar bays through observing operating practices
The specific question from me is, is this enough? I understand our responsibilities to provide safe well maintained buildings, facilities and services. This question is specific to Tenants operational activities within (shared) Hangar Bays
Are we legally liable for tenant activity within the bays and if so, to what extent? Can we assume that the tenant has RA and Procedures in place to comply with H&S Regulations or should we be requesting evidence? In the event of an accident which would be logged to our premises, would we be exposed to any potential HSE action based upon tenants working practices and use of their own equipment?
Thanks for your guidance
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Rank: Super forum user
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When you have multiple customers using the same facilities, there is potential for interaction between what they are doing so that the activities of one can impact on another. This means there is a need for some coordination, and yes, you could be exposed to liability risk in some circumstances.
I would be consulting the tenants about their practices and needs and coming up with a set of agreed rules, together with roles and responsibilities (who should risk assess what, who inspects what, who does which maintenance) and what to do if there is a problem, and getting them all to sign up to it. Do you have anything like this already, for example in the tenancy contracts?
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Rank: Super forum user
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My mind like Kate has jumped to what do the tennancy contracts say. In what would be a large open area affecting several tennants is for example uncontrolled solvent spray painting permitted. If one of the tennants needs to do some welding do they check no one else has flammables present. Are there segregated disposal bins by business or type to stop the wrong things being placed inside e.g. hot metal / cigarette ends in a paper bin or general bin full of oily rags? When someone wants to swing a big hammer do they check everyone has earplugs? Who provides & tops up any spill kits / first aid kits / fire extinguishers? This is really not much different to a principal wrangling sub-contractors on a construction site - thing is in construction the principal gets to dictate what does and does not happen. I would suggest your best way forward is a tennants committee - agreeing ground rules, a forum to raise plans for anything exceptional and the opportunity to discuss any issues from the activity of others.
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Rank: Super forum user
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My mind like Kate has jumped to what do the tennancy contracts say. In what would be a large open area affecting several tennants is for example uncontrolled solvent spray painting permitted. If one of the tennants needs to do some welding do they check no one else has flammables present. Are there segregated disposal bins by business or type to stop the wrong things being placed inside e.g. hot metal / cigarette ends in a paper bin or general bin full of oily rags? When someone wants to swing a big hammer do they check everyone has earplugs? Who provides & tops up any spill kits / first aid kits / fire extinguishers? This is really not much different to a principal wrangling sub-contractors on a construction site - thing is in construction the principal gets to dictate what does and does not happen. I would suggest your best way forward is a tennants committee - agreeing ground rules, a forum to raise plans for anything exceptional and the opportunity to discuss any issues from the activity of others.
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Rank: New forum user
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Hello Kate and Roundtuit, Many thanks for replying so quickly and for your advice. Further information is that Tenant activity focus is on aircraft detailing with COSHH and working at height as primary hazards. Each tenant have their own ladders, steps and MEWPS which they store at the rear of hangar bays. We provide waste streams and facilitate the placement of COSHH Cabinets and Compressed Gas cages and have implemented a set of Hangar Rules covering access and housekeeping etc.
What level of responsibility would we have for the different organisations to have adequate RA's, conduct periodic inspections and ensure their staff are trained?
We currently manage this by exception via walkarounds and interact if we see what we feel are unsafe acts. Don't want to take responsibility for auditing/inspecting their processes, but conscious that if any event were to happen, it would be against our address.
Current Tenancy agreement simply references the tenant complying with all current legal and regulatory guidence.
Dave
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