Thursday, 22 November 2012

The management of Health and safety of communal areas

In buildings with multiple occupancy, the landlord (or building manager or facilities manager) is responsible for the premises as a whole, but also has special responsibility for the common areas of the premises.  These can be thought of the parts of the premises not demised to (or directly under the control of) individual tenants.  Typically, these may include: car parking areas, external areas (roads, paths, lighting, refuse storage areas, etc), entrance doors, reception areas, corridors, staircases and lifts. In addition, the landlord will usually be responsible for the various plant rooms (boiler room, lift motor room, pump rooms, etc), roof areas, fixed electrical installation, water supply, etc as well as for the safe management of contractors working in these areas. There are also some special areas of safety management that fall under the control of the landlord or facilities manager, such as: fire safety for the common areas, the fixed electrical installation, cooling towers, asbestos, etc.

Asbestos
It is recommended that the landlord has a Managment Survey (previously refered to as a Type 2 survey) or a Refurbishment / demolition survey (previously referred to as a Type 3 asbestos survey) carried out on the premises. The key findings of this assessment must be made available to tenants and to contractors and should include the location and type of any asbestos containing materials.

Where asbestos (or asbestos containing material) is known to be present in a building, there should be some form of asbestos management plan in place. This may involve simply monitoring the condition of the asbestos at regular intervals to ensure that it has not been damaged. At the other extreme, it may involve a planned removal of the asbestos by a competent organisation.

Control of contractors
Control of contractors working on site on behalf of the landlord can be a difficult area to manage. Many landlords (and facilities managers) introduce some form of contractor approval system to ensure that certain minimum standards are met. These systems usually ensure that the contractors have adequate insurance, that they have a health and safety policy and that they have appropriate risk assessments and method statements in place.  They do not ensure that the contractors are carrying out the work in accordance with the risk assessments and method statements. It is recommended that at least some of the works carried out by contractors are observed and monitored by the landlord (or their representative) to ensure that they are working in accordance with their agreed standards.  Higher risk activities should be monitored more often and more closely.  Certain contractor tasks will require a higher level of control, such as the use of a permit to work system.

Contractors will need to be given appropriate information and instruction relating to hazards associated with the premises. These may include the presence and location of asbestos, the location of underground services (such as gas, water and electrical services), etc.

COSHH and chemicals
Copies of safety data sheets and of the COSHH assessments should be available on site for any substances used or stored in the common areas, even if stored and used by contractors. These may include water treatment chemicals, cleaning materials and maintenance sprays and lubricants, etc.

Electricity
In most premises, the tenants will be responsible for their own portable electrical equipment. The fixed electrical installation may be responsibility of the landlord or the tenant, depending on the tenancy contract. In many cases, the fixed electrical installation (in part or in total) will be the responsibility of the landlord. In this case, it is recommended that the landlord arranges for the fixed electrical installation to be tested and inspected by a competent person (such as an NICEIC approved contractor) at regular intervals (usually five yearly inspections for commercial premises and three yearly inspections for industrial premises).

External areas and building façade
The external areas of the premises should be inspected regularly, including checks on the condition of the building façade and all structure attached to the building, such as lights, aerials, CCTV cameras, flagpoles, etc. Similarly, checks should be carried out for all external areas, including car parking areas, roads and footpaths, fencing, lighting, etc. Any defects should be addressed and made safe.

Fire Safety
Fire safety is likely to be a shared responsibility, with the landlord being responsible for the common areas and the tenants being responsible for their demised area. It is recommended that the landlord carries out a fire risk assessment for the common parts of the premises and make suitable arrangements for the provision, maintenance, servicing and testing of:

·         A fire alarm, including automatic fire detection
·         Emergency lighting (in the common parts)
·         Fire fighting equipment (in the common parts)
·         Doors, fire doors and automatic door release systems
·         Emergency evacuation routes
·         (Wet or Dry) risers and sprinkler systems
·         Housekeeping in common areas

Tenant responsibilities
The landlord should make it clear to the tenant what their responsibilities are. While the landlord may, reasonably, be responsible for the provision, servicing and maintenance of collective fire safety measures (such as building wide fire alarm and fire/smoke detection) the tenant is responsible for the safe evacuation of their own workers and visitors from the premises. The tenant may be responsible for the provision of fire fighting equipment in their demised area, etc. The responsibilities need to be considered, identified and ascribed.

Tenants’ fire risk assessments
Tenants are generally responsible for their own fire safety arrangements, although some aspects (such as a building-wide fire alarm) may be shared facilities managed by the Landlord. It is recommended that the landlord request copies of the tenants’ fire safety risk assessments and that copies of these are filed and, if requested, made available to the fire authority during the course of an inspection visit.  A tenant should provide the landlord (and other tenants) with information relating to special fire risks, such as the storage of LPGs, etc.

Gas supply and services
The landlord should ensure that the gas supply and services are safe and are maintained in a safe and serviceable condition.  All gas pipe work should be clearly identified (with suitable labels stating “Gas” or by colour coding the pipe work (yellow ochre). All gas equipment under the control of the landlord should be regularly maintained and serviced (by a Gas Safe registered contractor) and a Landlord’s Gas Safety Certificate should be obtained for all gas equipment.

Lifts and lift motor rooms
Lift motor rooms should be clearly identified and should be kept locked and should only be accessed by competent persons (such as lift engineers). Hydraulic lifts should be bunded to contain any leakages of hydraulic oil and all lift motor equipment must be suitably guarded.

Passenger lifts should be tested and inspected by a competent person at least once every six months although this frequency may be reduced to once in every twelve months for goods lifts that are not used to transport people (i.e. if their use is restricted to goods only), as required under the Lifting Operations Lifting Equipment Regulations 1998 (LOLER).

Suitable arrangements should be made for the servicing and maintenance of lifts and for the rescue of people trapped due to lift failure.

Pressure systems
Any pressurised systems within the premises should be tested and inspected by a competent person at the intervals described in the written scheme of examination for the system.  As with other equipment, the landlord will be responsible for ensuring that it is serviced and maintained in a safe condition.

Roof areas
Access to roof areas should be secured to prevent unauthorised access. Consideration must be given to the protection of workers from falls from height. This will require a risk assessment to determine the appropriate control measures for the premises. Typical collective control measures include having suitable edge protection (such as a balustrade wall or fenced edge protection of at least 1100 mm height). In certain cases it may be appropriate to consider individual or personal protective measures such as anchor points for use with harnesses and lanyards.  

Consideration should be given to the need for roof access. It is common for various pieces of plant and equipment to be located on flat roof sections, especially air conditioning units, water storage tanks, lift motor rooms, etc. In such cases, regular roof access may be required by a range of contractors. If contractors are required to make use of individual protective measures, then the use of such equipment must be made clear to the contractor and the landlord should satisfy themselves that the use of such equipment is covered in the contractors risk assessments and method statements, etc. In cases where the roof area is accessed by tenants’ contractors (such as to service tenants’ air-con units or to fit aerials) then the landlord should ensure that the tenant and the tenant appointed contractor have considered to the safety issues associated with roof access.

Other aspects of roof access safety to be considered include fragile roof sections, glazed sections and skylights, etc.

Staircases, landings and corridors
Staircases should be in good condition, ideally with handrails on both sides of the staircase. The staircases, landings and corridors should be well lit, free from obstructions and slipping and tripping hazards. These areas should be checked regularly to ensure that they remain in good condition.

Water supply and cooling towers, etc
The landlord will usually be responsible for the water supply to the premises, including cold water storage tanks, water heating arrangements and hot water storage. The landlord is also likely to be responsible for ensuring that the risks from poor water hygiene are avoided or controlled. This will usually require a Legionella risk assessment in line with the requirements of the HSC Approved Code of Practice & Guidance (L8) "Legionnaires' disease: The control of legionella bacteria in water systems". Control measures required may include: regular water temperature monitoring, maintenance of cooling towers, provision and maintenance of water dosing chemicals and equipment, dip-slide sampling of cooling tower water, etc. Such work is often contracted out to a water hygiene specialist.

In premises that have cooling towers or evaporative condensers, the landlord will be responsible for ensuring that these have been notified to the local authority (as required under the Notification of Cooling Towers and Evaporative Condensers Regulations 1992). Further to this, the landlord must maintain and service the cooling tower to ensure that the risks from Legionella are controlled properly. This will involve a detailed cooling tower (legionella) risk assessment and regular checking and testing of the water in the tower. Such work is often contracted out to a specialist water hygiene company.

Window and canopy cleaning
Suitable arrangements much be made for the cleaning of the building and its windows and canopies, etc. This may well involve working at height using ladders, scaffolds, cherry pickers, scissor lifts, window cleaning cradles, abseiling systems, etc. Although such work is generally carried out in external areas, consideration needs to be given to the cleaning of high level internal structures, such as atrium glazing, etc. Any access equipment associated with the premises must be tested and inspected by a competent person at appropriate intervals. This includes the testing and inspection of eye-bolt anchor points, access cradles and associated runways, etc.
 
Michael Ellerby
Director
LRB Consulting Limited
www.LRBconsulting.co.uk

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