Are you are an Employer? – Then ask yourself the following questions

1. Do you own or rent your business premises?
2. Is your business premises part of your home?
3. What are your Management arrangements for your building and employees?
4. Do you out source your building maintenance obligations?
5. Does your landlord indemnify you against safety facilities?
6. Have you checked your tenancy agreement?
7. Do you or your landlord have an asbestos survey available for your maintenance contractors?
8. Do you have a contractor approval process in place?
9. In multi-occupancy premises do ALL of your employees know what the arrangements are for safe evacuation, first aid, contractor approval?
10. Does your landlord ask you for a description of your business acumen on uptake of lease?

These are some of the serious questions that need to ask yourself – NOW!
Let us consider each question in turn:-

1. Do you own or rent your business premises?

1) – If the answer to (1) is YES, I own my business premises – then all of the management responsibilities for building and facilities management for the premises fall squarely on your shoulders.
Your responsibilities include provision of all of the following services to your premises namely, Water, Gas, Electricity, Refuse and also make you liable for Insurance, Access and egress, Contractors, Local Authority arrangements, Fire & Rescue arrangements – together with all of the HSAW Act 1974 requirements for your Employees.

1) – If the answer to (1) is NO, I lease or rent my business premises from a landlord, managing agent, corporation or consortium – then YOU personally need to check or obtain legal advice as to who is legally obliged to provide SERVICES AND FACILITIES under the tenancy agreement.
Your responsibilities may include provision of all of the following services to your premises namely, all of the HSAW Act 1974 requirements for your Employees and also any co-occupiers under your tenancy agreement and Sections 8 & 9 of the Management of Health and Safety at Work Regulations 1999 namely Procedures for serious & imminent danger and contact with external services.

2.Is your business premises part of your home?

2) – If the answer to (2) is YES, My home is also my business premises – then all of the management responsibilities for building and the facilities management for the premises where your employees work is under your control and the same requirements need to be in place. However if your workforce is made up from domestic servants you need to seek specialist advice.
Your responsibilities will almost certainly include provision of all of the following services to your premises namely, Water, Gas, Electricity, Refuse and also make you liable for Insurance, Access and egress, Contractors, Local Authority arrangements, Fire & Rescue arrangements – together with all of the HSAW Act 1974 requirements for your Employees.

2) – If the answer to (2) is NO, My home is NOT also my business premises – then all of the management responsibilities for building and the facilities management for the premises where your employees work may well be under your control and the same requirements as before need to be in place.
Your responsibilities will almost certainly include provision of all of the following services to your premises namely, Water, Gas, Electricity, Refuse and also make you liable for Insurance, Access and egress, Contractors, Local Authority arrangements, Fire & Rescue arrangements – together with all of the HSAW Act 1974 requirements for your Employees.

3. What are your Management arrangements for your building and employees?

3) – If you are unsure of the answer to this question – even if you are an employer in a multi-occupancy site the tenancy agreement will almost certainly require you to as a minimum to co-ordinate and co-operate with the Landlords safety arrangements.
These will include Fire & Rescue arrangements – together with all of the HSAW Act 1974 requirements for your Employees.

3) – If you know the answer to (3) it is YOUR responsibility to ensure that ALL of your employees know what the arrangements are.
Your responsibilities may include provision of all of the following services to your premises namely, all of the HSAW Act 1974 requirements for your Employees and also any co-occupiers under your tenancy agreement and specific arrangements for maintenance provision.

4. Do you out source your building maintenance obligations?

4) – If you are unsure of the answer to this question – even if you are an employer in a multi-occupancy site the tenancy agreement will almost certainly require you as a minimum to co-ordinate and co-operate with the Landlords safety arrangements – including for example, use of specific approved contractors.
Think about non-compliance with this request – i.e. using a “Gas Safe” plumber that you have selected from the local press as a cheaper option to the approved contractor – Failure to use your landlords preferred contractor may make you responsible for any accident, incident, loss or even worse – especially if the building insurance does not indemnify your contractors activities.

5. Does your landlord indemnify you against safety facilities?

5) – Your Landlord may provide certain items of equipment – e.g. fire extinguishers, emergency alarms, smoke detectors – check that they ARE regularly tested and even if you are an employer in a multi-occupancy site the tenancy agreement will almost certainly require you to check and report any defective items of equipment – The Landlord may even make you personally responsible for maintenance, loss and or replacement.

6. Have you checked your tenancy agreement?

6) – Check your tenancy agreement NOW before a problem or incident occurs.
I am increasingly concerned that for multi-occupancy sites where companies share units within the same large complex, the tenancy agreement does not require the business acumen or work activities being undertake on site to be disclosed before the tenant occupies the premises! You could have one employer manufacturing paper cartons and the tenant next door fire lighters? Who checks? Who ensures that the fire safety of the complex is maintained? Landlord under the Regulatory Reform (Fire Safety) Order 2005 (source: http://www.legislation.gov.uk/... ).

7. Do you or your landlord have an asbestos survey available for your maintenance contractors?

7) – Whose responsibility is it for checking Asbestos content in a building or work premises?
Again Occupiers of business premises may not be aware of their responsibility under the Control of Asbestos Regulations 2012. If you are the duty holder of premises then you need to have an asbestos survey undertaken. Again check your tenancy agreement

Questions 8 – 10

If you are in any doubt check or ask and ensure the necessary arrangements exist.