02/09/2015
The owner of a building tenanted by 40 businesses has been jailed this month for numerous breaches of health and safety at work regulations, including exposing workers to lethal asbestos fibres.
Other breaches of health and safety included:
- Blocked fire exits
- Filthy toilets
- Serious electrical hazards
In summing up, the presiding magistrate said that the evidence showed an escalating pattern of failure to comply with legal requirements and a persistent and wilful disregard for health and safety.
The building owner was sentenced to eight months in prison and ordered to pay prosecution costs of £7,660.
Health and Safety Responsibilities of Commercial Landlords
Commercial landlords are often confused by their health and safety responsibilities. However, there are some key elements of health and safety that landlords must stay on top of, depending on the extent of control a landlord extends over the leased premises.
Responsibilities can include:
- Managing fire risks and fire safety
- Maintaining safe electrics
- Identifying the presence of asbestos within the premises so that the information can be utilised as part of the risk assessment process preparatory to the commencement of construction work.
- Maintaining refrigeration and air conditioning systems
- Gas - landlords may also have more general duties under Health and Safety at Work etc Act 1974, such as ensuring that heating equipment in common parts is maintained safely
The commercial lease will generally allocate responsibility for health and safety matters between a commercial landlord and tenant. However, if you have any questions, please phone our London office on 0207 993 6960.
Fisher Scoggins Waters is a leading construction, engineering and manufacturing litigation firm, specialising in disputes and disasters. For further information on this article or any of our litigation services, please contact us on: +44 (0) 207 993 6960.