Health and Safety in Your Block

Sinead Campbell from London Flats Insurance explains the fundamental points of health & safety you need to be aware of in your block of flats or apartments.

As a Managing Agent, Residents’ Management Company (RMC) or RTM company director, we’re sure you are aware of the (rather long) list of responsibilities you accept when taking on the management of a building, with Health and Safety taking pride of place somewhere very near the top!

Should any accidents happen, steps will normally be taken to judge whether the accident could have been prevented- meaning that those in charge of the maintenance of the block could be held accountable if they can’t evidence their compliance with Health and Safety law.

Failure to comply can lead to serious consequences as well as resulting in unhappy residents with little faith in the building’s management.

Who is Responsible?

The RMC are ultimately responsible for health and safety within their building- which also includes the actions/work of anybody they choose to employ on either a part-time, full-time or casual basis as well as anybody visiting the property.

This means RMCs need to be incredibly vigilant in their efforts to maintain sufficient health and safety checks, reviews, attention to and knowledge of requirements and the accurate documentation of all of the above.

Keeping Employees Safe

According to the Management of Health and Safety at Work Regulations 1999, risk assessments must be carried out to ensure that the property is safe for any contractors or workers to work in.

Some working from height is inevitable when it comes to high-rise blocks so, to ensure proper health and safety standards are maintained at all times, the RMC must ensure the following steps are taken:

  • All work at height should be properly planned and organised
  • Those involved in work at height must be deemed competent
  • The risks from work at height should be assessed
  • Appropriate work equipment should be selected and used
  • Equipment for work at height is properly maintained and inspected
  • The risks from fragile surfaces must be properly controlled

Slips, Trips and Hazards

It is important to remember that proper maintenance and achieving health and safety standards often go hand-in-hand.

Most health and safety-related accidents involve a slip or trip and can have surprisingly serious consequences. While RMCs cannot be held liable for mere clumsiness, they must ensure that they are doing everything they can to maintain their properties to help avoid simple trips. This means ensuring that common pathways, rooms, corridors, halls, driveways, roads and courtyards etc. are clear of any debris or tripping hazards as well as any spillages.

Tripping hazards could be defined as anything from rickety stairs or a misplaced box to broken handrails and insecure carpets. For outside the premises, branches and rocks must be removed from footpaths and trees must be maintained to avoid injury (especially following severe weather).

Poor lighting can also contribute to falls, slips or trips so it’s crucial to ensure that pathways, corridors and outside areas are always properly lit to allow residents or visitors to safely navigate their way around the premises.

Fire Safety

Since 1st October 2006, every party responsible for a block of flats is legally required to undertake a Fire Risk Assessment with regular reviews. This again applies only to common parts and not to the inside of individual units.

While assessments can be carried out by an ‘competent person’ and so are often contracted out to professionals, the buck ultimately stops with the RMC or Managing Agent, so due diligence is advised before choosing a contractor to complete the task.

Fire Officers will be able to enter any block of flats to inspect, ask to see the risk assessment paperwork and issue enforcement notices to improve fire safety should the need arise. Keeping a paper trail of assessments, reviews and any improvements made is vital.

Electrical Safety

If electrical equipment is supplied to any contractors (e.g. a hoover for a cleaner) then it must be regularly tested and properly maintained.

Communal area wiring should be tested by a qualified engineer every five years.

Legionella

Legionella is a bacterium commonly found in water systems. Infection by the bacterium can result in Legionnaires’ disease, which can be fatal. Keeping the risks of Legionella at bay is crucial and every step should be taken to ensure contamination is avoided.

The person or party responsible for a block 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).

To ensure the necessary health and safety measures are upheld, a risk assessment should be carried out by an expert and reviewed annually. If any risks are identified, then a written action plan should be produced and followed to reduce the risks.

Asbestos

According to the UK Asbestos Training Association, around 5000 people die from asbestos-related diseases every year.

Incidents involving asbestos-containing materials (ACM) and the exposures they cause are avoidable by simply ensuring that the asbestos is not disturbed.

If your building was built before the year 2000 then it almost certainly should have an asbestos survey completed in order for you to comply with the Control of Asbestos Regulations. You must take reasonable steps to identify ACM by presuming the presence of asbestos until proven otherwise.

According to Regulation 4 of the Control of Asbestos Regulations (CAR 2006), if you own, occupy, manage or have responsibility for property, you have a legal duty to assess and manage the risk from ACM.

Where asbestos is located, you are required to keep an Asbestos Register which lists where ACM are present while highlighting the risks posed as well and making recommendations to avoid disturbance.

More often than not, the ACM can remain in situ if it can remain undisturbed indefinitely.

Signage

Safety signs are a vital component in ensuring the health, safety and general welfare of employees, residents and visitors to your building. They can be used to alert people to hazards as well as to demonstrate safe working procedures:

  • Green Signs can either tell people the location of certain safety equipment (such as first aid equipment) or where fire exits are located
  • Red Signs are used solely to show the location of fire extinguishers and other fire safety equipment
  • Blue Circles provide instructions- a prime example in blocks of flats would be a fire action notice
  • Red Circles with a diagonal line through the centre show that whatever is demonstrated by the image is prohibited e.g. no smoking signs
  • Yellow Triangles are used to make people aware of something that is dangerous- asbestos for example

Signs are used so that messages can be quickly relayed and understood without worrying about language barriers. In many workplaces, health and safety signage is now required by law.

Property Owners and Employers Liability Insurance

Poor health and safety standards can very easily lead to accidents taking place within your block of flats. Even with the best of efforts in place, accidents still happen. This can unfortunately lead to claims being made against the RMC.

Should any situation escalate to this point, it is wise to have legal protection in place to protect you and your fellow directors against any claims.

Specialist Flats Insurance policies will normally provide Property Owners Liability as well as Employers Liability Insurance. Check your policy to make sure you are protected.

Whether you are looking for:

  • Flats Insurance
  • Directors and Officers Liability Insurance
  • Terrorism Insurance
  • Lift Inspection and Insurance
  • Out of Hours Emergency Assistance
  • Roads and Private Estates Insurance

Call our team at London Flats Insurance on020 7993 3034 or visitwww.londonflatsinsurance.co.uk.

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