Rank: Guest
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Rank: Guest
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Posted By DJ
shaun,
A very interesting paper.
I have only one issue with the comments in the paper summary on the web link you provided, namely that that Responsible Person's duties under the Fire Service Order cannot be delegated.
While it will ultimately be for a court to decide:
Article 3(a) provides that the responsible person is only the employer to the extent that the workplace is under his control;
Article 5(2) provides that where the premises is not a workplace, the responsible person only has duties under the Order in so far as the requirements relate to matters within his control; and
Article 5(3) imposes on any other person those duties imposed by Articles 8-22 or under Regulations made under Article 24 who has to any extent control of the premises in so far as matters are within his control.
It is arguable therefore, that if a duty is delegated through a tenancy, licence, contract or other similar agreement, to the extent that the matter is no longer within the responsible person's control, he no longer holds that duty.
e.g. The responsible person contracts with a competent contractor to install, inspect, service and maintain a system within a premises and as part of that contract, the system is under the total control of the contractor (i.e. the responsible person is not allowed to interfere with the system in any way), the contractor and not the responsible person will have control and therefore the duties under the Fire Safety Order will fall on the contractor.
DJ.
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