Posted By James Putman I wondered if I could gauge opinion in relation to the following scenario: A family (mother and two severely disabled children) live in a single self contained housing association unit. At least 4 carers (supplied via the NHS) are required to be present 24 hours per day to look after the children, and sleeping accomodation is available for these carers. My understanding is that a fire risk assessment should be carried out in accordance with the RRO as the unit is the carers place of work. Please advise if you have differing opinions on this. Many Thanks, James

Posted By Crim Yes it is a workplace and also a "sleeping" risk. Fire risk assesment required.

Posted By marcusblack Hi, Fire Risk Assessment is a must. Don't be fooled into thinking this is just a house and therefore low risk. The vast majority of fatal fires are in domestic premises!! Your employee is at a significantly higher risk than most and you must ensure adequate controls are in place. As has been advised previously, speak to the local fire and rescue service for advice. Mark

Posted By James Putman Hi, Thank you all for your response. The fire authority have been in and issued and enforcement notice (to the housing association), so they clearly think that an FRA is required. However, the Housing Association has queried this (siting the reasons given by Eddie in the thread above). Having given this further thought, I am starting to feel that the FRA should be the responsibility of the NHS/Agency supplying the carers, rather than the Housing Association (at least to satisfy the general duties under the HASWA 74 and MHSWR 99). I have been confused by the applicablity of the RRO 05 as the official guide relating to residential care homes clearly states that it is not applicable to 'single private dwellings where out-posted nursing care is provided'. In view of this, I am still not 100% on what to advise the Housing Association, and certainly not ready to dispute the enforcement notice on their behalf.

Posted By James Putman Thanks Bob, For clarity, I am a fire risk assessor employed by the Housing Association - usually to carry out assessments within the common parts of the residential properties.

Posted By DJ James, The answer to the question you have raised is far from simple and something that has been causing me no end of headaches for over two years now. In summary: The situation is that if the premises is a "domestic premises" (irrespective of whether or not it is also a workplace) the chances are that the RRO does not apply. Therefore no risk assessment is required under the RRO. The fact that the RRO does not apply does not remove an employer's duty to protect the health and safety of employees and therefore an assessment would need to be carried out under Regulation 3 MHSWR in respect of employees only. Carrying out a risk assessment is one thing but implementing identified controls is something else, if you (as an employer of care staff) have no control (in respect of maintenance or alterations) of the premises and cannot implement those controls. Section 3 of HSWA (in respect of the tenants) may not apply but Part 1 of the Housing Act probably will and therein may lie the solution. I hope this helps.