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THE REGULATORY REFORM (FIRE SAFETY) ORDER 2005 => Q & A => Topic started by: Fishy on February 28, 2012, 09:24:55 AM
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Guys:
A question has been posed by a colleague:
Situation: large national organisation that manages (owns, and occupies) 100s of individual buildings, all in England or Wales. Maintenance let out to contract, but all other activities managed 'in house', including H&S, Fire etc.
We know that 'the Employer' is the Responsible Person under the 2005 Fire Safety Order. However, who, precisely, is the 'Responsible Person'? Is it the individual (e.g. the building manager, for each individual premises)? The most senior line manager of the staff working there? The MD/CEO? Or is it a 'corporate' responsibility - i.e. the Company is "the employer", not an individual?
I recognise that in the unlikely event that a perceived failing under the Order came to court, all might end up in the dock, but the key is whether the ultimate accountability as 'responsible person' is a corporate or an individual one, & if the latter who that is likely to be, given the above situation?
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From previous discussions on this matter it appears in a limited company, its the body corporate and contact is via the company secretary. Managers could be considered as Persons having control art 5(3) as well as as other people, it would depend on the circumstances.
http://fire.org.uk/forum/index.php?topic=3022.0
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From previous discussions on this matter it appears in a limited company, its the body corporate and contact is via the company secretary. Managers could be considered as Persons having control art 5(3) as well as as other people, it would depend on the circumstances.
http://fire.org.uk/forum/index.php?topic=3022.0
Thanks for the link, Tom - I did a search but evidently didn't go back far enough! That answers the question perfectly.