Flat-Living.co.uk ARMA
ARMA LESSEE ADVISORY NOTE: LAN03 Health & Safety
One of ARMA’s key roles is to provide its members with technical support. However, from time to time, technical or other issues arise
where guidance for lessees as well as their property manager is deemed appropriate. Such guidance is contained in these Lessee
Advisory Notes (LANs) which are freely downloadable from www.flat-living.co.uk or www.arma.org.uk.
SUMMARY ELECTRICAL EQUIPMENT SAFETY
• This advisory note summarises the main Health & Safety
If electrical equipment is supplied by the landlord or agent to say a
regulations that apply to blocks of flats. There are many
cleaner, then it must be regularly tested and properly maintained.
others.
A visual inspection and a more formal test should be carried out at
• The duty to comply with the regulations falls on the
the intervals recommended by the Institution of Engineering and
Technology.
landlord or person responsible for management which
could be an agent, a resident management company or
a right to manage company.
LEGIONELLA
• Health & Safety should never be ignored or dismissed
because it requires additional expenditure.
Legionella is a bacterium common in water systems which can result
• The cost of failing to comply if there is an accident or
in legionnaires’ disease. Once again the landlord or agent of a block
injury may be far greater.
of flats has a duty to control the risks of Legionella in any pipes, tanks
and taps in common parts (including a cleaner’s cupboard). Cold water
tanks, taps and showers within lessees’ flats are the responsibility of
RISK ASSESSMENT OF COMMON AREAS the lessees, unless the lease puts repairing responsibility for them on
the landlord.
All blocks of flats must have a risk assessment carried out of the
health and safety of any common areas. It is a requirement of the
The starting point is a risk assessment usually carried out by an expert,
Management of Health and Safety at Work Regulations 1999. You
and if there are risks then a written action plan should be produced
may argue common areas are not “at work” but if any cleaner,
to reduce the risks. An annual review of the risk assessment should
gardener, managing agent or repair contractors enters them, then a
be made.
risk assessment must be made. The courts and the Health and Safety
Executive do consider common parts of blocks of flats as included
in health and safety regulations. Remember to include all areas
COSHH
including gardens, grounds, plant rooms, meter cupboards and lift
motor rooms.
COSHH is the control of substances hazardous to health. The most
usual relevant substances found in blocks of flats in common parts
If there are no employees of the landlord working at the block there is
are cleaning materials and possibly gardening chemicals.
no requirement to record the risk assessment but it would be foolish
not to do so. If there were to be an accident and you had no proof of
Once again the duty is on the landlord or agent to assess the risks
a risk assessment being carried out, you are much more likely to be
from any materials stored in the common areas. Most materials carry
prosecuted and/or sued for negligence. The risk assessment should
labels that identify the hazards that they may pose, manufacturers
be reviewed at least annually.
also issue safety sheets on how to handle the materials. It is a duty
to decide what instructions must be given to those who may handle
the materials to reduce risks, and what protective clothing may be
FIRE SAFETY
needed. If a contractor at the block is to use hazardous materials, then
it is a duty of the landlord or agent to obtain a COSHH risk statement
Every block of flats also requires a fire safety risk assessment. Again
from the contractor.
this applies to common parts, not to the inside of any flats and is an
obligation on the landlord. Fire Officers are able to enter any block of
flats to inspect, ask to see the risk assessment and issue enforcement RIDDOR
notices to improve fire safety should the need arise.
RIDDOR is the reporting of injuries, diseases and dangerous
occurrences. The regulations require the reporting of serious work
WORKING AT HEIGHTS
related accidents, diseases and dangerous occurrences. Even if a
landlord or agent has used a self employed contractor to work at a
Work at heights can be at any height if a person could be injured
block of flats, it is the landlord’s duty to report an accident to that
falling from it, even if below ground level. If window cleaners or other
contractor. The duty also applies if a member of the public is injured
contractors visit a block of flats, then an assessment of the risk
at the block.
from working at heights is required. Part of the duty to assess risk
will obviously fall on, say, the window cleaner, but the landlord or his
There is a national incident centre to which reports should be made.
agent once again also has a duty.
More information can be found at riddor.gov.uk
The principle is that any work at height should be avoided if it is
MANAGING ASBESTOS
practical to do it in another way. If it cannot be avoided, then the work
must be assessed and planned to be done with the least risk. Work Landlords and agents are under a duty to be aware of any asbestos
at height can include changing light bulbs, general cleaning, testing containing material in the structure or common parts of blocks of
smoke detectors and cleaning gutters. flats.
If a ladder or steps are supplied by the landlord for changing light The duty is specific and it is necessary to identify any asbestos which
bulbs or checking smoke detectors, they should be checked regularly may involve a survey, to maintain an asbestos register for any block
and a notice stuck on them with safety precautions for their use. where there are asbestos containing materials, and to have a policy
20
Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32