Short answer – Yes
Long answer…
In answering this question, the key piece of legislation to consider is the Health and Safety at Work etc. Act 1974 (HSAWA). Section 3(1) of the HSAWA requires it is the duty of every employer to ensure, that persons not in his employment are not exposed to risks to their health or safety.
Estate Agent Fined After Contractor Killed in Fall
Roger Jary, 79, was a contractor for Morris, Marshall & Poole (MMP), a firm of estate agents with offices in Mid-Wales and Shropshire. He was carrying out minor repairs to a bungalow in Welshpool, which was managed by MMP on behalf of the landlord, when the accident happened. A plastic roof panel gave way as he attempted to cross it and he fell to the ground two metres below, suffering fatal injuries.
The HSE conducted an investigation and found that MMP had failed to ensure that the repair work was properly planned and organised or that Mr Jary was competent to perform it. A prosecution ensued and MMP pleaded guilty to breaching Section 3(1) of the HSAWA. The firm was fined £75,000 and ordered to pay costs of more than £11,000.HSE inspector Chris Wilcox said, “Roger Jary might be alive today if simple safety measures had been put in place. Morris, Marshall & Poole had a duty to ensure the safety of those they employed – whether working directly for them or not.”
Does this affect landlords?
Yes – Section 3(2) of the Health and Safety at Work etc. Act 1974 (HSWA) requires that “It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health or safety.” Landlords, under Section 53 of HSWA are regarded as being self-employed(1) and tenants fall into the class of “other persons (not being his employees)”. If you rent out a property, you have legal responsibilities to ensure you conduct your undertaking in such a way that your tenant(s) are not exposed to health and safety risks.
(1) “self-employed person” means an individual who works for gain or reward otherwise than under a contract of employment, whether or not he himself employs others
Practical steps to be taken
The MMP case provides clues as to what agents and landlords should do to mitigate the risks:
- Check the contractor is competent – check the Competent Persons Register or for construction skills, check the Construction Skills Certification Scheme
- Ask the contractor to provide copies of their insurance – as a minimum you will want to see evidence of public liability and employer’s liability cover if the contractor has staff. The absolute minimum public liability cover is £1m, which may still be appropriate for the simplest of jobs.
- Ask the contractor to risk assess the job and provide you a copy of the risk assessment – the risk assessment will identify the hazards involved, the severity and likelihood of harm to establish the risk level present.
- For higher-risk, complex or unusual work, ask the contractor to provide a method statement for the job – a method statement provides instructions for how the job will be carried out safely.
- For the hazards identified at the assessment, consult available written guidance and share with the contractor.
Further Reading
Association of Residential Managing Agents – Employing Contractors
Health and Safety Executive – The health and safety toolbox: How to control risks at work
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