Risk Assessment

Controlling the risks in the workplace

As part of managing the health and safety of your business you must control the risks in your workplace. To do this you need to think about what might cause harm to people and decide whether you are taking reasonable steps to prevent that harm. This is known as risk assessment and it is something you are required by law to carry out. If you have fewer than five employees you don’t have to write anything down.

Caldera FS can offer to assist your business in the following areas:

Fire risk assessments
Fire stopping compartmentation surveys
Fire door surveys

The RRFSO places a statutory obligation on the responsible person in control of non-domestic premises and the common areas of a House in Multiple Occupancy (HMO) with the safety of everyone in the building, whether working, visiting or living there.

Simply put, the responsible person has a duty of care to ensure the building that they have responsibility for complies with the FSO.

Meaning of “responsible person”

3. In this Order “responsible person” means—
(a) in relation to a workplace, the employer, if the workplace is to any extent under his control;
(b) in relation to any premises not falling within paragraph (a)—
(i) the person who has control of the premises (as occupier or otherwise) in connection with the carrying on by him of a trade, business or other undertaking (for profit or not); or
(ii) the owner, where the person in control of the premises does not have control in connection with the carrying on by that person of a trade, business or other undertaking.

Duty of Care

Duties under this Order
5.—(1) Where the premises are a workplace, the responsible person must ensure that any duty imposed by articles 8 to 22 or by regulations made under article 24 is complied with in respect of those premises.
(2) Where the premises are not a workplace, the responsible person must ensure that any duty imposed by articles 8 to 22 or by regulations made under article 24 is complied with in respect of those premises, so far as the requirements relate to matters within his control.
(3) Any duty imposed by articles 8 to 22 or by regulations made under article 24 on the responsible person in respect of premises shall also be imposed on every person, other than the responsible person referred to in paragraphs (1) and (2), who has, to any extent, control of those premises so far as the requirements relate to matters within his control.

Risk Assessment

9.—(1) The responsible person must make a suitable and sufficient assessment of the risks to which relevant persons are exposed for the purpose of identifying the general fire precautions he needs to take to comply with the requirements and prohibitions imposed on him by or under this Order.
(2) Where a dangerous substance is or is liable to be present in or on the premises, the risk assessment must include consideration of the matters set out in Part 1 of Schedule 1.
(3) Any such assessment must be reviewed by the responsible person regularly so as to keep it up to date and particularly if—
(a) there is reason to suspect that it is no longer valid; or
(b) there has been a significant change in the matters to which it relates including when the premises, special, technical and organisational measures, or organisation of the work undergo significant changes, extensions, or conversions, and where changes to an assessment are required as a result of any such review, the responsible person must make them.
(4) The responsible person must not employ a young person unless he has, in relation to risks to young persons, made or reviewed an assessment in accordance with paragraphs (1) and (5).
(5) In making or reviewing the assessment, the responsible person who employs or is to employ a young person must take particular account of the matters set out in Part 2 of Schedule 1.
(6) As soon as practicable after the assessment is made or reviewed, the responsible person must record the information prescribed by paragraph (7) where—
(a) he employs five or more employees;
(b) a licence under an enactment is in force in relation to the premises; or
(c) an alterations notice requiring this is in force in relation to the premises.
(7) The prescribed information is—
(a) the significant findings of the assessment, including the measures which have been or will be taken by the responsible person pursuant to this Order; and
(b) any group of persons identified by the assessment as being especially at risk.
(8) No new work activity involving a dangerous substance may commence unless—
(a) the risk assessment has been made; and
(b) the measures required by or under this Order have been implemented.