Agreed the employer will generally be the responsible person, However, you also need to consider enfocement guidance note one:
39. In many cases there will be more than one person subject to the obligations of a responsible person for premises. The level of responsibility will vary according to the employment position (total responsibility for an employer) and the degree to which the person can exercise control over safety in the premises. This is a deliberate aspect of the Order to allow enforcement action to be taken against the person who is culpable and/or in a position to remedy contraventions.
40. In cases where there is more than one responsible person or more than one person with duties under the Order, it is expected that the enforcing authority will use its discretion in deciding what enforcement action to take and against whom that action should be taken. Enforcement action may be taken against one or more responsible persons. For example, if an employer has no control over the area or matter in question and a fi re precaution is not being properly maintained by a landlord it may be more appropriate to address enforcement measures to the landlord who does have control. However, action may be appropriate against more than one person.
41. Enforcing authorities will wish to consider the degree of culpability and the appropriateness as to the person (or persons) against whom any necessary action should be taken. For example, where an owner’s acts or omissions jeopardise the safety of employees, such as an obstruction to the means of escape, the employer, as a responsible person, must call upon the owner, who has similar obligations to cooperate and co-ordinate to do what is necessary in line with their responsibilities as responsible persons. Even so, despite the absolute duty of the employer, where that
employer has acted reasonably and can demonstrate that fact and where the fault lies with the owner it would be reasonable to consider taking action against the owner alone.
