Prison Fire Safety - Relevant Persons

[BCM]

This is not my field but my organisation (NHS Trust) has taken on staff delivering medical services in prisons.  I am of the opinion that FSO applies, how far does co-operation and co-ordination with other responsible persons apply? Where are the boundaries and what weight will our FRA have?

[CivvyFSO]

The RRFSO applies almost as it does anywhere else, enforced by the Crown Premises Inspectorate Group. The main aspect of the RRFSO which doesn't apply in prisons etc is the part that essentially stops you locking doors.

You blatantly don't have control of the premises, therefore the person having control becomes the RP. It is up to them to ensure your staff are safe, and even though the doors can be locked, they still have to protect relevant persons (staff and prisoners alike) "so far as is possible".

Article 20 applies more than article 22...

20.—(1) The responsible person must ensure that the employer of any employees from an outside undertaking who are working in or on the premises is provided with comprehensible and relevant information on—

(a)the risks to those employees; and

(b)the preventive and protective measures taken by the responsible person.

(2) The responsible person must ensure that any person working in his undertaking who is not his employee is provided with appropriate instructions and comprehensible and relevant information regarding any risks to that person.

[tmprojects]

I should say at the outset that i am a Crown Premises Fire Inspector.

Civvy is right in that article 20 is more applicable than 22.

In a prison environment the NHS does not occupy part of the site as their own occupancy, they only provide a service. for example; the healthcare wing is still controlled, managed and staffed by prison officers who 'oversee' the service provided by NHS staff. therefore the NHS have no control over the workplace.

as such; the NHS are not considered a Responsible Person as defined under article 3(a)

In this instance article 22 does not apply because the NHS are not an RP within the premises. this is also the reason why the NHS is not required to carry out a Fire Risk Assessment.


 

[BCM]

I love you guys!!!!  Thanks very much for the advice.

[tmprojects]

your welcome!!!! i love you too!!!!