Landlords and COVID-19

The coronavirus crisis has created completely unprecedented conditions across the country, this is true for landlords as well. Standard practice needs to be re-thought, as in many cases what needs to be done for tenants may need to change, as well as how to manage the safety and security of rented properties during this time. Of course, landlords are still legally obligated to take specific steps to look after the safety of their tenants.

Certainly, one of the most vital aspects of safety, that could be affected by the COVID-19 outbreak is fire safety. Fire safety professionals are still required to visit properties on a regular basis, so it is essential that they can practice safe levels of social distancing in order to manage their own level of risk. It would appear, based on responses to the National Fire Chiefs Council (NFCC) and Fire Industry Association (FIA), that those responsible for fire safety, have been granted key worker status and will continue to carry out as many tasks that require immediate attention throughout the crisis.

Perhaps one of the most important things to note is that due to the lock-down, tenants will typically be spending much of their time in their home. This can have implications for fire safety – and this is something that it is worth considering. So, the first step that landlords may need to take is carrying out a new fire safety assessment.

Fire safety assessments are an important legal requirement for landlords – but when significant changes occur to a property, it is essential that you ensure your fire safety assessment is still valid. Carrying out a re-assessment is important in order to make sure that the systems and plans in place are still relevant with tenants in their properties at all hours of the day. If you believe that your property might be affected by the change in usage, now is the time to act.

It is also important to note that the coronavirus is not considered to be a reason that landlords can relax their responsibilities regarding any kind of legally required fire safety services. It is imperative that crucial health and safety measures continue to be followed by landlords in order to remain in compliance with legislation.

It is a great idea to take this time as a key moment to reassess the fire safety precautions in your property and ensure that they are up to standard. The situation with coronavirus is very serious, but so are a landlord’s obligations to take health and safety seriously.

Who is responsible for fire safety?

Who is responsible for fire safety?

Generally, the employer (Responsible Person) is responsible for the fire safety of all who are lawfully on the premises (Relevant Persons). These include employees, visitors, contractors, members of the public and any person in the immediate vicinity, such as people walking past. Operational fire fighters at incidents are not included.

Responsibility for managing duties on behalf of the Responsible Person (RP) at the head of an organisation may be shared, for example, between branch or area manager, depending on the extent of control each has i.e. they must have the appropriate authority, skills and training to manage these duties. 

Is it permissible for others to carry out duties on behalf of the Responsible Persons?

Yes, the RP may nominate Competent Persons (CP). For instance, an RP may nominate others to act as fire marshals or wardens with a duty for assisting with evacuation; or an engineer might be given the task of testing fire alarms.

The RP must ensure CPs have the ability to carry out their tasks i.e. they must be properly competent, trained and equipped, or external experts may be brought in to fill any shortfall. 

Please bear in mind that delegating duties falling within the RP’s remit does not absolve a person from responsibility. It is down to the RP to put sufficient checks in place to ensure delegated duties are carried out correctly.

Do employees have responsibility?

Yes, employees must take reasonable care for the safety of themselves and others who may be affected by their acts or omissions at work e.g. wedging open a fire door. It is the RP’s responsibility to ensure employees receive training.

Who is responsible for fire safety in multi-occupied premises?

This may be shared by several people. In a multi-occupied office, the landlord/owner and tenants may be responsible for common areas with each occupier responsible for the areas they control. 

The fire alarm may be the sole responsibility of the landlord/owner if it is common to the entire premises. A tenancy agreement should identify who is responsible for each area of fire safety.

Occupiers have a duty to take reasonable steps to co-operate and co-ordinate with each other.

Who is responsible for fire safety when there is no employer?

The person in control of the premises is responsible. This could be the person or organisation paying the rent or owning the building. e.g. a charity trustee in the case of a charity shop or a parish council in case of a village hall.

Who is responsible for fire safety in an unoccupied building?

This is normally the owner of the building

For more information or help in carrying out a Fire Risk Assessment see our website www.anchorhands.co.uk

Risk in your business

Here we will be looking at the physical risks that need to be accounted for within any business planning, but hopefully will cover the general areas necessary to give you an idea of what to look out for.

Before we move on let’s be clear what we are talking about.

       

What is Risk?                                           

“Risk is the likelihood of a body or event to cause harm.”

This should not be  confused with Hazard.         

What is Hazard?            

“Hazard is the ability of a body or event to cause harm.”

From this we can see that in order to reduce the risks to our businesses we need to remove, reduce or protect against the hazards we come across. The way we do this is by carrying out a Risk Assessment

There are five steps to carrying out any risk assessment.

Step 1: Identify and record the hazards that are present, these fall broadly into five categories

Physical: such as pressure, heat, damp, noise, radiation and electricity

Chemical: such as dusts, fumes, chemicals, toxic materials and gases

Biological: such as infections, viruses and contagions

Ergonomic: work conditions, stress, RSI and man-machine interaction

The fifth one we'll come back to as it’s covered under specific legislation

Step 2: Identify the people that may be affected by the hazard

Paying particular attention to those groups that may be especially vulnerable such as the elderly, blind, young and disabled.

At this point it is possible to rank the severity of the risk, giving it a more tangible identity

Step 3: Remove, reduce the severity or Protect against, the Hazard.

The preference here is always to remove the hazard completely (rearrange items to avoid trips and impacts), if this cannot be done then reduce the severity of the hazard (use low voltage equipment or less aggressive chemicals) and as a last resort protect against the hazard (provide warnings or personal protective equipment).

Once again assuming that all the measures have been put into place, it will be possible to rank the severity of the residual risks. You can then establish whether the remaining risks are acceptable or if they need further action.

Step 4: Record, Plan, Inform and Train            

Record the significant findings from steps 1 to 3 and what actions have or need to be taken as a result.

Prepare any plans or procedures that may be required in order to facilitate the actions

Inform and instruct all relevant people, co-operate with all concerned.

Provide any necessary training that may be required as a result of the assessment.

Step 5: Review

Having carried out the assessments they must be kept relevant, which means that they should be reviewed on a regular basis or when conditions change (such as work practices, new technology, legislation or results of monitoring)

Remember any revisions to the assessments must be communicated to those that need to know the results of those revisions.

  

Why have we gone to the trouble of doing these risk assessments and putting whatever precautions in place, is it because of our genuine concern for our fellow workers safety, is it because it makes financial sense to do it or is it our legal duty?

The answer is all of the above!

a.     From a humanitarian and moral point of view, we do not want to cause or allow to be caused, harm to anybody

b.    Research shows that investing in risk reduction leads to better company performance.

c.     A good working environment is good business.

d.    Staff feel that they are valued.

e.    Your customers see a company that does it right and cares.

f.      You avoid costs associated with disruption, sickness, investigation, down time, compensation claims, increased insurance premiums and loss of goodwill

g.    And for those companies that cannot see the benefit, there are legal requirements, with quite hefty penalties for non compliance

Remember under step 1 of the risk assessment I said there was a fifth hazard, which was covered under its own legislation, this is Fire!

Potentially this one can be the most destructive, obviously to your staff, the public and visitors, but also to a business.

If your stock and premises are all destroyed, how are you going to trade?

This is why in March 2006 the “Regulatory Reform (Fire Safety) Order 2005” came into force, making it the responsibility of all owners or occupiers of commercial properties, to carry out a Fire Risk Assessment of those premises and put into action any necessary precautions and planning.

For the purpose of the legislation “Commercial” means anything non-domestic, so that includes churches, schools, libraries etc. In fact only military and some government buildings are exempt.

When we carry out our Fire Risk Assessment it’s worth remembering how fire works, for this we use the fire triangle.

 Fire needs 3 elements to exist firstly Fuel (flammable gases, flammable liquids or flammable solids. Secondly Oxygen (The air around us, oxidizing agents and stored oxygen) and finally Ignition (Naked flame, faulty electrical appliances, hot processes and hot machinery)… Remove any one of these and the fire goes out.

We have seen that there are many types of hazards and therefore risks, surrounding our businesses, it is essential then that we Eliminate these risks, if we cannot do this, then we should Reduce the effect of them, and finally Protect against any residual risk.

Remember none of this will work if we do not communicate your findings and plans to those who may be affected.

This way our businesses should be safe environments in which to work, be protected from the disruption and costs that incidents can bring and demonstrate to others that we are responsible and considerate business people.

All of this has to be a cost effective  benefit to all of our businesses, a benefit which you can take to the bank!

If you would like more information, then please contact us at info@anchorhands.co.uk

Firework Displays and Safety

Firework displays should be enjoyable and spectacular occasions – but they obviously need some responsible planning. The good news is that there is straightforward guidance to help you.
If you are organising a major public event, you will clearly need a robust and detailed approach to planning as well as professional involvement. If you are holding a local firework display, such as those organised by many sports clubs, schools or parish councils, you still need to plan responsibly, but the same level of detail is not necessary or expected. Below are some tips and guidance to help you.

Before the event:

• Think about who will operate the display. There is no reason why you should not light a display yourselves provided it only contains fireworks in categories 1, 2 and 3. but remember, category 4 fireworks may only be used by professional firework display operators. In untrained hands they can be lethal.
• Consider whether the site is suitable and large enough for your display, including a bonfire if you are having one. Is there space for the fireworks to land well away from spectators? Remember to check in daylight for overhead power lines and other obstructions. What is the direction of the prevailing wind? What would happen if it changed?
• Think about what you would do if things go wrong. Make sure there is someone who will be responsible for calling the emergency services
• Make sure you obtain the fireworks from a reputable supplier.
• If the display is to be provided by a professional firework display operator make sure that you are clear on who does what especially in the event of an emergency
• Ensure you have a suitable place to store the fireworks. Your firework supplier or local authority should be able to advise
• If you plan on selling alcohol the bar should be well away from the display site

On the day of the event:

• Recheck the site, weather conditions and wind direction
• Don't let anyone into the zone where the fireworks will fall – or let anyone other than the display operator or firing team into the firing zone or the safety zone around it
• Discourage spectators from bringing drink onto the site
• Don't let spectators bring their own fireworks onto the site
• If you will also have a bonfire at the display then you should:
  • Check the structure is sound and does not have small children or animals inside it before lighting it
  • Not use petrol or paraffin to light the fire
  • Have only one person responsible for lighting the fire. That person, and any helpers, should wear suitable clothing e.g. a substantial outer garment made of wool or other low-flammable material.
  • Make sure that the person lighting the fire and any helpers know what to do in the event of a burn injury or clothing catching fire
• Never attempt to relight fireworks. Keep well clear of fireworks that have failed to go off

The morning after:

• Carefully check and clear the site. Dispose of fireworks safely. They should never be burnt in a confined space (eg a boiler)

Additional points to consider if you are organising a major public display

For major displays, particularly those involving category 4 ‘professional’ fireworks or very large number of spectators, a more robust approach is obviously needed.

• Plan and mark out the areas for spectators, firing fireworks (and a safety zone around it) as well as an area where the fireworks will fall
• Think about how people will get into and out of the site. Keep pedestrian and vehicle routes apart if possible. Mark exit routes clearly and ensure they are well lit. Ensure emergency vehicles can get access to the site
• Appoint enough stewards/marshals. Make sure they understand what they are to do on the night and what they should do in the event of an emergency
• Contact the emergency services and local authority. If your site is near an airport you may need to contact them
• Signpost the first aid facilities

Insurance

Although it is not required by health and safety law, if you are holding a public firework display, it’s a good idea to have public liability insurance. Bear in mind that not all companies are used to dealing with this type of event, and as with any other type of insurance, it’s worth shopping around: look for a company that’s used to insuring firework and other public events – you are likely to get much better deal and avoid unsuitable terms and conditions. If you have difficulty with the standard insurance terms, TALK to your insurer and find a way forward; they can be very helpful.

Fire Safety Is Your Business

Some years after changes to fire safety law, The Fire Brigade is warning that many businesses still don’t have enough understanding of how the law affects their business or premises, and could be risking financial ruin or even prosecution.

The Regulatory Reform (Fire Safety) Order came into affect in October 2006 and replaced over 70 separate pieces of fire safety legislation. The Order applies to virtually all buildings, places and structures (the main exception being private homes) so includes premises like shops, restaurants, offices, nightclubs, care homes, sports venues and also communal areas, parts of blocks and houses of multiple occupation (HMOs) used in common by the occupants of more than one flat or bedsit.

The law places the responsibility for fire safety in the hands of employers and other people who have control of premises such as landlords, owners and other people with control of premises, so having an understanding of fire safety and the role you have to play is at the heart of good business management. This understanding is particularly important for small and medium size businesses and landlords who might not consider fire safety to be a top priority. Research from Touche Ross and London Chamber of Commerce estimates that up to 80 per cent of businesses fail within 12 months of suffering a major catastrophe, such as a fire.

The biggest change under the legislation is that fire risk assessment and a duty of fire safety care was introduced for most premises and replaced fire certificates for those premises that previously required them (factories, offices, shops, railway premises, hotels and larger boarding houses). If you are an employer or have control over a premises (known as the ‘responsible person’) then you are required by law to carry out a fire risk assessment and act on its findings.

The document should assess the fire risks to the property and people that work, live in or visit the premises. The risk assessment should also identify actions which need to be taken in order to protect the building from fire. It must be kept under consent review and amended if any changes are made to the premises.

The Fire Brigade carries out many fire inspections of premises each year and although the majority of buildings are managed well in regard to fire, there are still too many buildings that do not have an adequate fire risk assessment and as a result have fire exits blocked, inadequate fire alarms or poor training for staff. The Brigade can and does prosecute companies or individuals if there are breeches to fire legislation and though court action is a last resort, recent cases show that the courts will issue fines or even consider prison sentences for serious cases.