ArmAguiDance
HEALTH SAFETY
Advisory Note
All blocks of flAtsmust have arisk assessment carried out of the health andsafetyofany common areas. It is a requirementoftheManagement of Health and Safety atWork Regulations 1999. You may argue common areas are not “at work” butifany cleaner, gardener,managing agentorrepaircontractorentersthem, then a risk assessmentmust bemade. The courts andthe Health andSafetyExecutive (HSE) do consider common parts of blocks of flats as included in health and safety regulations. Thecommonpartsdonot just include internal areas; they also include theroof, building structureand external areas. Remember to take account of all areas including gardens, grounds, plant rooms, meter cupboards and liftmotor rooms. If thereare noemployeesofthe landlord
working at the block there is no requirement to record theriskassessmentbut it would be foolish not to do so. If there were to be an accident andyou hadnoproof of arisk assessmentbeing carried out, youwould be much morelikelytobeprosecutedand/orsued fornegligence. Theriskassessmentshouldbe reviewed at leastannually.
Fire saFety Everyblock of flats requires afire safety risk assessment. Again this applies to common parts, nottothe inside of anyflatsand is an obligation on
thelandlord.FireOfficersare able to enterany blockofflatstoinspect, ask to see the risk assessment and issue
46 & 03 h&s at a glance
■Blocksof flatsincludehousesthathavebeen convertedinto flats,evenif thereareonlytwo flatsin thehouse.
■Thedutytocomplywiththeregulations fallsonthelandlordorpersonresponsible formanagementwhichcouldbeanagent,a residentsmanagementcompany oraright to managecompany.
■Wherethewordlandlordisusedin this note it alsoincludesresidentsmanagement companiesandright tomanagecompanies.
■Healthandsafetyshouldneverbeignored or dismissedbecauseit requiresadditional expenditure- thecost of failingtocomply if thereisanaccident or injurymaybefar greater to thelandlordanddirectors ofresidents managementcompanies.
enforcementnotices to improvefire safety should theneed arise. Failuresmayalsolead to prosecution in the courts.
Working at height Work at height appliestoany height if a person couldbeinjured fallingfrom it,even if belowground level. If window cleaners or othercontractors visitablock of flats,then an assessment of theriskfrom workingat height is
required.Partofthe dutytoassess risk will obviously fall on, say, the window cleaner, butthe landlord or hisagent once again also has a duty.
If work at heightcannotbe
avoided itmust be assessed and planned to be done with the least risk
ARMA’s advisory note updated in January, summarisesthemain health and safety regulations that
applytoblocksofflats.There are many others.
The principle is that any work at height
should be avoidedifitispractical to do it in
anotherway.Itifcannotbeavoided,thenthe workmust be assessed and planned to be done with theleast risk.Workatheight caninclude changinglight bulbs, generalcleaning, testingsmoke detectorsand cleaning gutters. If aladder or stepsare supplied by thelandlord forchanginglight bulbsorcheckingsmoke detectors, they should be checkedregularly andanoticefixedtothemoutlining safety precautions for their use.
electrical
equipmentsaFety If electrical equipmentissuppliedbythe landlord or agentto, say, acleaner,then itmust be regularly tested and properly maintained.Avisual inspection andamore formal test should be carried out at the intervals recommended by the Institution of Engineeringand Technology.(See further information)
legionella Legionella is abacteriumcommon in water systemswhich canresultinLegionnaires’ disease.Onceagain thelandlord or agent of a block of flats has a duty to control the risk of Legionella in anypipes,tanks and taps in common parts(includingacleaner’s cupboard). Cold watertanks,tapsand showers within lessees’ flats arethe responsibility of the lessees, unless the lease puts repairing
Spring2012 Flat Living
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