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Posted By Barrie (Badger) Etter
The situation - part of our building is sublet to another company. The sublet company has a 'disabled' employee on walking sticks.
Have just been approached by them for us to purchase the evac chair. IMHO I feel its their employee so they are responsible for the purchase of said chair, even tho' they are in our building. Am I wrong?
Your opinions please and thanks.
Badger
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Posted By Stuff4blokes
Their employee, their choice to occupy your building, their risk assessment, their chosen risk control measure, their responsibility.
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Posted By martinw
Occupier liability.......
You still have to make sure that the facilities are safe in shared, common areas; other areas over which you share control and responsibility are moot: keep a lookout for reference to approved doc M in case someone throws it at you, of course.
But agreed, majority is the employer's responsibility.
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Posted By Crim
How does the "disabled" employee get up there? Is there a lift or is it via stairs?
If that person can walk down stairs albeit slowly, and if the staircase enclose has the required fire protection then a slow descent may be acceptable depending upon your risk assessment.
If you really need an Evac chair whose employees will evacuate the person in the chair? Training is required, as is enough able bodied employees to be available for the evacuation.
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Posted By Barrie (Badger) Etter
Apologies for not replying sooner - been on holiday.
Sublet employee gains access to 1st floor using lift. Stairwell open frame type and the lady concerned would probably still be decending it after everyone else has evacuated.
The evac chair would most likely be used by that employees people.
Badger
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Posted By Mark Eden
The disabled persons employer is wholly responsible for evacuating them from the building - not you. If they want an EVAC CHAIR they should supply it and training for their staff to use it.
As they appear to have identified this as a requirement you need to ask for a copy of their fire risk assessment and the evacuation plan for their disabled employee to ensure they are carrying out what they say.
Don't forget under the RRO you are required to hold a regular meeting with all occupiers of a building to discus fire safety issues, where situations such as these can be high lighted.
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Posted By Barrie (Badger) Etter
Hi Mark,
In this instance they asked me what I thought would be the quickest way to get the lady out, whereby I suggested an evac chair but beginning to regret mentioning it.
Badger
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Posted By Stuff4blokes
Providing the chair is one thing; getting someone to be the willing volunteer to operate it is a whole different matter.
However, it's still the employer's problem.
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Posted By Barrie (Badger) Etter
Thanks Guys
I'm taking it as they've got to supply the evac chair and I need to take part M to bed with me (zzz) to bone up on what my company should be doing regarding lady with two sticks.
Badger
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Posted By water67.
Hi, seems like the old error of not conducting an assessment before you replied, that includes talking to the individual too many assessments are made by assumption and the individual is never consulted.... remember the disability is 24 x 7 for her and i assume she goes in and out of other buildings; shops houses etc. It may be that she can walk down the stairs albeit a bit slower than others and a buddy system may be required/best option. Remember it is a protected area and she should have at least 30 mins to get out safely.
hope this helps.
Cheers
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Posted By tonyf
agree with Mark Eden comments I'm an accredited fire risk assessor and advise on this all the time
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Posted By Barrie (Badger) Etter
Lady in question was second port of call after responding to initial request.
As indicated earlier the stairs are an open frame type NOT protected so she may end up being choked on smoke fumes before she hobbles down all the stairs.
Badger
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