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FIRE SERVICE AND GENERAL FIRE SAFETY TOPICS => Fire Safety => Topic started by: nearlythere on October 06, 2010, 09:07:28 AM

Title: Is provided accommodation part of the workplace.
Post by: nearlythere on October 06, 2010, 09:07:28 AM

http://www.bbc.co.uk/news/uk-england-merseyside-11476340

This might go some way to help clarify that well debated subject as to whether provided accommodation is part of the workplace. In another online news article the fire was in "his" living room at the hotel. The H&S Ex saw fit to successfully prosecute under the H&S at Work Act so it and the court was satisfied that the living room was the victim's place of work.

Title: Re: Is provided accommodation part of the workplace.
Post by: Meerkat on October 06, 2010, 09:45:45 AM

I think this might be a bit of a red herring.  HSE is the body that takes prosecutions against landlords for failing to comply with the requirements of the Gas Safety (Installation and Use) Regulations 1998.  Under these regulations landlords have duties towards their tenants http://www.hse.gov.uk/gas/domestic/faqtenant.htm (http://www.hse.gov.uk/gas/domestic/faqtenant.htm) and the issue of whether the premises is a workplace or not is irrelevant.  Quite a few prosecutions are taken relating to student accommodation. Examples here http://news.hse.gov.uk/category/gas/ (http://news.hse.gov.uk/category/gas/)

Note that the prosecution was taken under section 3(1) of HASAWA which covers the duries of employers towards those NOT in their employment who may be affected by their undertaking.

Title: Re: Is provided accommodation part of the workplace.
Post by: jayjay on October 08, 2010, 12:49:50 PM

Here is another news article re accomodaton.

http://www.thisisplymouth.co.uk/news/Indian-restaurant-bosses-fined-163-8-000-horrific-safety-breaches/article-2736980-detail/article.html