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Oliverp1  
#1 Posted : 05 July 2017 10:19:05(UTC)
Rank: Forum user
Oliverp1

Hello I am wondering if anyone can come up with any advice on the following matter?

We rent our building off a landlord that has a company oposite. The landlord has organised some repair work to be carried out on the roof of our unit. My company has had nothing to do with the organisation of the repair work. Where do our duities fall in regards with this contractor? Do we have to put any measures in place? My company at the moment is saying its up to the landlord to sort out health and safety issues but this satement doesnt quite sit right with me.

Cheers,

David Bannister  
#2 Posted : 05 July 2017 11:26:14(UTC)
Rank: Super forum user
David Bannister

I think that there are two aspects to this.

Firstly you need to be aware of what activities are going to take place, how, where etc so that you can ensure that a) the contractor is taking adequate precautuions to keep your employees safe and b) whether you need to do anything in this regard.

Secondly, you need to be aware of any potential threats to the business. If they drop the proverbial spanner in the works, how will it affect you, how will it be prevented, how will you minimise damage/interruption and how will you recover?

Just letting the contractor get on with it is not advisable.

Woolf13  
#3 Posted : 05 July 2017 12:03:20(UTC)
Rank: Forum user
Woolf13

Hi,

It is the duty of the landlord to ensure the contractor employed is carrying out the work safely and with appropriate controls. It is also the landlord's duty to inform you and anyone who may be affected by the work to ensure health and safety.

It is your duty (as you share the premises) to inform your landlord of any concerns and discuss with one another how the work will be controlled to ensure your safe access whilst works are undertaken.

Roof work is classed as construction work and therefore the Construction (Design and Management) Regulations apply. The landlord as "client" has certain duties, as does the roofing company to comply with. The landlord and contractor should be communicating with you to ensure works progress smoothly.

If you go onto the HSE website the following free documents may be of assistance:

L153 Managing health and safety in construction

HSG 33 Health and safety in roofwork

HSG 151 Protecting the public

I hope this helps.

thanks 1 user thanked Woolf13 for this useful post.
Oliverp1 on 05/07/2017(UTC)
damian2701  
#4 Posted : 09 July 2017 14:48:21(UTC)
Rank: Forum user
damian2701

Hi

Under section 4 of HASAWA 74 the person under an agreed tenancy has the obligation to control contractors entering or working on such premises, ther below is an extract taken from the aforementioned legislation :-

4 General duties of persons concerned with premises to persons other than their employees.

(1)This section has effect for imposing on persons duties in relation to those who—

(a)are not their employees; but

(b)use non-domestic premises made available to them as a place of work or as a place where they may use plant or substances provided for their use there,

and applies to premises so made available and other non-domestic premises used in connection with them.

(2)It shall be the duty of each person who has, to any extent, control of premises to which this section applies or of the means of access thereto or egress therefrom or of any plant or substance in such premises to take such measures as it is reasonable for a person in his position to take to ensure, so far as is reasonably practicable, that the premises, all means of access thereto or egress therefrom available for use by persons using the premises, and any plant or substance in the premises or, as the case may be, provided for use there, is or are safe and without risks to health.

(3)Where a person has, by virtue of any contract or tenancy, an obligation of any extent in relation to—

(a)the maintenance or repair of any premises to which this section applies or any means of access thereto or egress therefrom; or

(b)the safety of or the absence of risks to health arising from plant or substances in any such premises;

that person shall be treated, for the purposes of subsection (2) above, as being a person who has control of the matters to which his obligation extends.

However, under CDM 2015 your landlord will take on the role of a commercial client in respect of 

“client” means any person for whom a project is carried out;& therefore

(1) A client must make suitable arrangements for managing a project, including the allocation of sufficient time and other resources. (2) Arrangements are suitable if they ensure that— (a) the construction work can be carried out, so far as is reasonably practicable, without risks to the health or safety of any person affected by the project; and (b) the facilities required by Schedule 2 are provided in respect of any person carrying out construction work. (3) A client must ensure that these arrangements are maintained and reviewed throughout the project.

As such if the landlord is in charge of the purse strings then they will be client, if yourself arranged for the work to be carried out then yourself would be under the proviso of both Section 4 HASAWA 74 and Client duties under CDM 2015.

I would recommend discussing the above with your landlord and get something in writing.

The fundamental key here is communication, consultation, cooperation, liaison with appointed duty holders. 

I hope the above helps

Edited by user 09 July 2017 21:21:33(UTC)  | Reason: Exchanged client for landlord

thanks 1 user thanked damian2701 for this useful post.
Oliverp1 on 13/07/2017(UTC)
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