Rank: Forum user
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Is anyone able to supply me with a definition of 'control' according to section 3 of RRO -on a site with mixed tenancy please?
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Rank: Super forum user
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a quick answer
the definitation is recorded in case law but I am at a loss at this time to remember the parameters - any body help?
the basics are that the more somebody imposes their will and others have to conform the more a person is in control e.g. if you have agency staff working for you where you never see them nor direct them the less control you have over them as they are self governing & v-versa applies
The base principal applies in the RR[FS]O e.g. common areas; where the landlord does not let tenants do anything in a common area via an official contract and it is enforced so a strong control situation exists. additionally where there could be doubt e.g. common area again; it was felt that the landlord etc should be more stongly accountable under law hence the control element was brought in noting that rent is not easily obtained from common areas so identifying those in control is very hard in those cases as no easy link can be found so the landlord is in control irrespective e.g. they must ensure safe MOE in their control [ [common] areas
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Rank: Forum user
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Thanks Bob. In the event that there are multiple contractors permanently employed on a site and one of those contractors has the responsibility for authorising access by third parties to certain restricted areas on site BUT does not hold a budget for any works on site (as this is the responsibility of the client who is also based on site). Who would be classed as legally responsible for assessing fire risks in the afore mentioned restricted areas? The client is trying to say it is the contractor who allows the access, even though the client bypasses this restricted access by allowing others into the area without the contractors knowledge. Therefore I disagree that the contractor is the 'responsible person' for the restricted area but the client disagrees with me
Apologies for the waffle but hope it makes sense
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Rank: Super forum user
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without knowing all the details the controller of the undertaking is the overall responsible person so any official gaps [e.g. lack of risk asessment] is, in my opinion, automaticially their responsibility until such time as specific parameters are identified and duties officially allocated
speak to the clients insurer to clarify which area is common and which is not; this will help: NB you keep using the word client - expand please
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Rank: Super forum user
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If these contractors are working on a location where the client is based, and assuming the client is an employer and has a budget for repairs etc, then my view (based on the very limited info given) is it is the client's responsibility.
Article 3 is in effect a hierarchy and if the first criteria for describing a RP isn't met, you move on to the next
Article 3 (a) states ".......in relation to a workplace, the employer, if the workplace is to any extent under his control;"
Note the words "to any extent". Therefore 3(a) applies & the client is RP (not the contractor)
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