pat testing residents rooms stuff

[Richard Earl]

hi gents,
i keep getting asked if in shelterd housing sites were a company is charging residents to stay and pat tests stuff the company provide in the rooms like fridge microwave etc, that they dont have the right to test the stuff the resident has.

i feel this will leave the building open to risk of fire, and as i understand the RRO askes people to co operate with each other?

can anyone help with this.

also my partner is looking for H&S jobs in derby / nottingham area can anyone help with this

thanks gents

[Pip]

My initial thoughts are  I am not sure that there is sufficient grounds under the F.S.O. to insist on this.I shall make some assumptions-that the dwellings are occupied as a 'domestic' premises,and if in a block of flats,seperated into their own fire resistant boxes with a 'stay put policy'.Therefore they may not be required as 'responsible persons' to cooperate, although they would have other responsibilities e.g. maintenance of their front door for instance.However, the landlords, they may insist on lease conditions which could require the testing.However-supposing an item fails-does the landlord have the power to either have it fixed or confiscated?or could it be a condition of the lease?A point of interest-my other half runs a Private Residential Care home,where all electrical goods are Pat tested,the residents personal items included,but not charged direct for the service (one would assume that the cost is absorbed into the general care charges),as part of the Homes H&S policy.Items not passing are not allowed to be kept.This is a condition of the care contract.I think some  Hospitals operate a similar policy.

[kurnal]

Hi Richard
I should have a word with JM on this one- she will know the answer. Best wishes to both of you.
This is how I think it works.

There are many angles to this one and the fire safety order 2005 is only one of these.

Also in the frame are the consumer safety legislation, the wider HASAWA, the management Regs, the Workplace H&S  Regulations and the Electricity at Work Regs.

Pip rightly identifies the first issue- that affects all other areas- are the rooms a private dwelling or are they a workplace - part of an enterprise offering care and support.

As you say, if letting a room consumer legislation requires  evidence to show any  equipment subject to hire or rental  to be safe and PAT testing is part of this. So if the sheltered housing scheme offers flats to rent and a fridge is provided the landlord must pat test the fridge. But the occupiers equipment is not covered as the room is not a workplace.

If however the arrangement is that the premises are an enterprise providing treatment or care, and the rooms therefore are not an individuals private dwelling, the room is then part of a workplace and the employer has a duty to ensure  the H&S of staff and clients.

So then it is right and proper for the employer to set conditions that all equipment is pat tested and would be remiss if they did not do this. It is quite reasonable to set rules that only tested equipment will be brought into and used in the workplace and how they achieve that is down to them.

[Geoff]

Have to agree with both Pip and Kurnal!  I look after around 90 assisted living schemes (new name for sheltered) and we only test and maintain kit we provide.  Anything that is brought in by the tenants (they all have assured tenancy agreements) is down to them to maintain safely.

[Mr. P]

Do the residents have to have their own contents insurance? If so, would offering them the opportunity to use your PAT system reduce their costs or even your costs for facility/build etc. ins costs? I.E. you and they, are considering and reducing the likely-hood of incident