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

Welding Operations and its Associated Hazards

Introduction

Welding and cutting operations are widely used in manufacturing and engineering environments. 

Fire is the principle hazard and can arise from the leakage of gases from the hoses catching fire or from the ignition of nearby flammable materials by the heat associated with welding (hot surfaces and sparks, etc).

Typical hazards associated with welding operations

There are several typical hazards associated with welding operations, including: Fire; molten metal and sparks; exposure to UV light; hot surfaces; exposure to substances hazardous to health; pressurised systems; electricity and slips, trips and falls

Fire: Welding creates hot surfaces, sparks and emissions of molten metals so there is always a risk of fire. Gas welding operations involve the use of a fuel (acetylene, propane, etc.) and so increase the risks of fire further. Leaking valves or failure to isolate the system correctly may lead to fuel in air build up. Leakage of oxygen can be dangerous as this may lead to an oxygen enriched atmosphere. In oxygen enriched atmosphere, materials are more readily combustible than under normal conditions. Accidents may occur when drums or tanks that have previously contained flammable substances are welded or cut as even with empty tanks, the heat can vaporise residues that will be ignited by the cutting or welding flame. The resulting explosion blows the drum apart, potentially causing serious or even fatal injury.

Molten metal and sparks: Welding operations generate sparks and emissions of molten metals, which may cause fires or can cause injury to the skin and eyes.

Exposure to UV light: Exposure to UV light from welding operations can cause damage to the eyes including a condition known as “arc eye”.

Hazardous substances: Welding fume comprises of metal oxides (mainly iron oxide) and of irritating gases, such as oxides of nitrogen and ozone. Welding fume can cause irritation and “metal fume fever'”. Long term exposure may lead to lung diseases and increase the risk of occupational asthma and cancer. Welding involving stainless steel increases the cancer risks as the welding fume will contain other metal oxides, such as chromium oxide. Surface coatings on the substrate (material being welded) may also give risk to additional hazardous substances, such as lead, etc.

Pressurised systems: In gas welding there is also the potential danger of the huge amount of energy stored in the cylinder by virtue of the compression of the gas, and fuel gases, which by definition, contain stored chemical energy. Pressurised containers (such as gas bottles for propane, oxygen or for inert gases for arc welding) may explode or give rise to a rapid venting of pressurised gases if damaged.

Electricity: There are risks of electric shock and of electrocution associated with arc welding operations.

Slips, trips and falls: There are risks of injury from slips, trips and falls arising from welding operations, generally as a result of poor housekeeping or of poor cable and hose management.

Risk assessment and control measures

Welding operations must be subject to suitable and sufficient assessment of the risks that they create. As well as the general requirement for risk assessment (created by Regulation 3 of the Management of Health and Safety at Work Regulations 1999) there may be a requirement for risk assessment under other regulations, in particular:
• Control of Substances Hazardous to Health Regulations 2002 for hazardous substances (welding fume and other substances that may be inhaled, ingested, etc.
• Dangerous Substances and Explosive Atmospheres Regulations 2002 for flammable and explosive substances (such as welding gases) that may cause fires and explosions.
• Regulatory Reform (Fire Safety) Order 2005 for the general fire risks associated with welding operations.

Fire: General fire safety precautions should be taken. Care should be taken to prevent to accumulation of combustible materials in areas where welding operations are carried out.
By the nature of the process, it is impossible to eliminate sources of ignition from cutting and welding operations. Precautions must be taken to prevent the build up of dangerous concentrations of flammable and explosive gases (such as acetylene). The condition of regulators, hoses and connections should be checked regularly, including checking for leaks (such as by the use of soap solution). Any damaged, worn or otherwise defective hoses or equipment must be replaced.

Flashbacks may be prevented by proper cleaning of the torch and adequate purging of the equipment before lighting up. There are also proprietary anti-flashback devices that should be fitted.

Prohibit the welding of vessels that may have contained flammable substances. If such vessels need to the welded (or cut) then the work should be controlled carefully (such as through a permit to work system) and the vessels must be fully cleaned and purged before welding.

Give consideration to the safe storage of gas cylinders. Fuel gases (such as LPG and acetylene) should be stored away from the oxygen cylinders in a suitable, secure compound with appropriate warning signs displayed. Gas cylinders should be stored outside of the building and should be separated from the building by a suitable fire wall or separation.

Molten metal and sparks and exposure to UV light: The eyes of welders, and of those working close to them, must be protected from molten metal, sparks and intense light. Welders will normally wear welding goggles (in the case of gas cutting and welding) or welding masks (in the case of arc welding). If other working nearby are at risk from the "flash", then suitable fire proof welding screens should be provided. Exposed skin (such as the hands) must be protected from splashes, sparks and from contact with hot surfaces.

Hazardous substances: Exposure to welding fume can be achieved in several ways. The most appropriate method or methods will be determined by the risk assessment. Control measures include:
• General ventilation – this is appropriate if the amount of welding to be carried out is small and there is sufficient general ventilation available to control, the risks from exposure to welding fume. In some cases, welding operations can be carried out outside.
• Extraction – there are several forms of extraction that can be used. Generally, the welding fume is extracted by a system comprising of a captor hood and a hose leading to a fan. The captor hood needs to be positioned close to the area being welded and the velocity of the air through the system needs to be fast enough to capture the fume and carry it through the extraction system. Welding torches can be fitted with their own high velocity low volume extraction systems that are designed to remove the welding fume as soon as it is generated and before it reaches the welder.
• Respiratory protective equipment – although the use of PPE is considered to be the last resort, it may be necessary to protect welders from exposure to fumes (such as one off welding involving stainless steel) and in cases where the use of extraction equipment may not provide adequate protection. The use of disposable masks (to EN 149 FFP2S) or the use of proprietary welding masks involving filtered air can be considered as part of the risk assessment.
• Restrictions on smoking, eating and drinking - smoking is now prohibited in all workplaces. It is recommended that restrictions are placed on the consumption of food and drink in the welding areas as this may lead to the ingestion of hazardous substances (especially chromium oxides) from the hands.
• General welfare facilities – provide suitable hand washing facilities, including soap and water.
• Health surveillance – this will not protect employees from exposure to hazardous substance. However, appropriate health surveillance will often allow for early identification of symptoms so that additional preventive measures can be taken at an early stage. Where workers are exposed to welding fume, especially welding fume that may contain chromium oxides, the employer should carry out lung function testing. The results of health surveillance must be recorded and records must be retained for 40 years.

Pressurised systems: The dangers associated with pressurise systems in welding operations may be controlled by the proper storage, handling and maintenance of cylinders and their fittings. Particular care must be taken not to damage the gas regulator on the gas bottles. Care should be taken to ensure that cylinders do not become involved in fires; if the metal shell is exposed to intense heat, the internal pressure will increase and the yield strength of the metal will be reduced, with possible splitting of the shell and explosive release and combustion of the contents.

Electricity: Like any other electrical equipment, arc welding sets need proper use, inspection and maintenance. It is important to ensure a proper earth-return from the work piece to the set. Electrical flexes, associated fittings and electrode holders must be properly insulated for outdoor use and there should be a suitable procedure for isolating the electrical power supply near to the welder. All electrical circuits should be fitted with an over-current device, for example, a miniature circuit breaker (MCB). Workpieces should be earthed unless a double insulated transformer is being used, in which case the transformer casing should be earthed and not the workpiece.

Slips, trips and falls: General housekeeping in the work area needs to be managed. In particular, cables and hoses need to be routed such that they do no create tripping hazards. In the case of portable welding equipment, this is largely the responsibility of the welder, but with fixed welding systems, consideration needs to be given to the routing of cables and hoses at the design stage.

Summary
Simple control measures are all that is required to control many of the risks associated with welding operations, although more elaborate control measures are required for more intensive welding operations or for those with special hazardous, such as stainless steel welding.

Please visit our website

Fall from height after contact with electricity

After suffering an electric shock at one of the UK's largest timber merchants, a subcontractor fell more than five metres from a crane ladder. The mechanical fitter suffered a several injuries, including a broken vertebra as a result of the incident.

The Cambridge-based building and timber merchants was prosecuted by the Health and Safety Executive (HSE) after the incident, which happened in September 2008. The fitter was employed by an Engineering Company that had been subcontracted to fix an overhead crane system at the timber engineering workshop in Sudbury, Suffolk. He was climbing a ladder to access the crane when he made contact with a live conductor, which caused him to fall 18ft. He landed on the concrete floor, sustaining a fractured vertebra, a broken ankle, smashed heel, and burns to his hands.

The timber merchants admitted breaching Regulation 4(3) of the Electricity at Work Regulations 1989 - failing to ensure work was carried out in such a manner as to not give rise to danger. The firm was fined £5,000 (with £4,344.70 costs).

The HSE Inspector said:

It is essential for companies to ensure that work undertaken on their behalf by subcontractors is properly managed and safe systems of work agreed prior to work commencing. ... have admitted that the task was handed over to Mr Minor without discussion as to the way it was to be undertaken or any precautions that may be needed prior to it being started.

Shocking! - Manufacturer fined £10,330

A stationery manufacturer has been fined after admitting exposing a worker to a high voltage shock that left him permanently disabled. The man was investigating a fault on a plastic welding machine in June 2007 when his fingers came into contact (or very close contact) with components carrying several thousand volts.

The shock severely burned his right hand and forearm, and damaged several muscles. He was hospitalised for 14 days and has since had to undergo skin grafts. He has not regained full use of his right hand and has been unable to return to work.

A Health and Safety Executive (HSE) investigation into the incident revealed that guard panels which should have prevented access to live circuits had been removed. Inspectors discovered that no record of maintenance checks was kept for any of the machines at the factory. The company also had no first aiders.

The company pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974 at the City of London Magistrates' Court. It was fined £4,000 and ordered to pay costs of £6,330.

A HSE Inspector said:

"A man's life has been turned upside down because of entirely preventable and basic safety failings. It is the responsibility of all managers to make sure that all maintenance work is properly planned and recorded and that adequate guards are fitted to all machinery when it is in use.

"If these simple things had been done it is unlikely that he would have suffered these horrendous injuries. But this incident could have been much worse - instead of losing the feeling in his fingers, he could have lost his life."

Landlord Duties

As a landlord (or as a facilities manager) you are responsible for the premises as a whole, but have special responsibility for the common areas of the premises. These can be thought of the parts of the premises not demised to the tenants. Typically, these may include: car parking areas, external areas (roads, paths, lighting, refuge 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 need to be considered, such as: fire safety for the common areas, the fixed electrical installation, cooling towers, asbestos, etc.