Who Is Responsible for Health & Safety in a Commercial Property?

Who Is Responsible for Health & Safety in a Commercial Property?

When it comes to health and safety in a commercial property, it's not always as simple as asking, “Who owns the building?”.

Depending on the property and how it is occupied, responsibility may sit with the building owner, landlord, employer, tenant, facilities manager or another person with control over particular areas or systems. In some cases, more than one party will have responsibilities that need to be managed together.

Understanding who is responsible is important because hazards such as asbestos, fire and legionella need to be identified and properly controlled.

Who Has Health & Safety Responsibilities?

There is no single person who is automatically responsible for every aspect of health and safety within a commercial property. Responsibilities depend on who controls the premises, who maintains it and what has been agreed in contracts or tenancy arrangements.

• Commercial Property Owners and Landlords

Property owners and landlords may have responsibilities for the condition, maintenance and safety of the building, particularly where they hold control over the premises.

However, these duties can vary depending on the arrangements in place. With asbestos, for example, the HSE states that the dutyholder may be the building owner, landlord or another person with responsibility for maintenance and repair.

• Employers and Business Occupiers

Employers are responsible for protecting employees and others who may be affected by their work. This includes identifying workplace hazards and putting suitable controls in place.

Fire safety is a good example. Depending on the circumstances, the ‘Responsible Person’ could be an employer, owner, landlord, occupier or another person with control of the premises. Where responsibilities overlap, they need to cooperate and coordinate their arrangements.

• Facilities Managers and Managing Agents

Facilities managers and managing agents may oversee maintenance, contractors or specific safety tasks on behalf of a property owner or occupier.

However, appointing someone to manage a particular task does not necessarily remove the responsibilities of the person with overall control. This is particularly relevant for specialist risks such as legionella, where suitable arrangements and competent support may be required.

Which Health & Safety Risks Need to Be Managed?

The risks within a commercial property will depend on the building and how it's used, but there are several areas that require specialist attention.

• Asbestos - Asbestos can still be found in many older commercial buildings. The dutyholder needs to identify whether asbestos is present, assess the risk and ensure it is properly managed.
• Fire Safety - A suitable fire risk assessment should identify potential fire hazards, consider who could be at risk and establish correct control measures.
• Legionella - People responsible for commercial premises or water systems need to assess and manage the risk of exposure to legionella. This includes putting suitable controls in place and monitoring them effectively.

What If the Property Is Rented?

Renting a commercial property does not automatically make the landlord or tenant responsible for everything.

The lease may divide responsibilities between the different parties. For example, a landlord may look after communal areas while a tenant manages the space they occupy. The important thing is to understand exactly who is responsible for each area and risk, rather than assuming someone else is dealing with it.

How Can You Make Sure Your Responsibilities Are Being Met?

If you own, occupy or manage a commercial property, start by establishing who is responsible for different aspects of health and safety.

You should:

• Check your lease and property management arrangements.
• Make sure appropriate surveys and risk assessments are in place.
• Keep relevant records and management plans up to date.
• Share important safety information with employees and contractors.
• Review arrangements when the building or its use changes.
• Seek competent specialist advice where required.

Health and safety is not just about having the right paperwork. Responsibilities need to be clear, risks need to be properly assessed and controls should be kept under review.

Specialist Support for Commercial Property Health & Safety

At Summit Environmental, we help businesses, property owners and other dutyholders identify and manage specialist risks within commercial premises.

If you are unsure about your responsibilities or need specialist support, contact Summit Environmental to discuss your requirements.