"A Responsible Person (In Scotland the Duty Holder) is someone who has control over the premises or activities that take place on the premises. This person could be the owner of the premises or someone appointed to manage the premises. The responsible person has a legal duty to ensure that the building or open space (normally a venue) is safe and that all necessary safety measures are in place."
Ask yourself this, "Would I feel safe in my Premises?"
"It's your responsibility to protect every piece of stock, note, book, every spoken word and every person." - Enquiry Leader
According to the law, the person responsible for a task or activity has legal and moral obligations, which include the "duty of care". This means they must act with reasonable care when engaging in conduct that could harm others. If a person acts negligently or recklessly and someone else is harmed as a result, they will be held liable. The "Duty Holder" encompasses various roles such as construction, manufacturing, specification, installation, maintenance, and operation of premises. In other words, the "Responsible Person" is accountable for ensuring that all aspects of a building and its equipment are safe and well-maintained.
The duty of care is owed to those likely affected by the conduct in question.
The legal duty of care extends to oneself, colleagues, emergency workers and anyone else in the work setting.
Part 3 of the Fire Safety (England) Regulations 2022 requires.
-improving cooperation and coordination between Responsible Persons (RPs)
-increasing requirements in relation to the recording and sharing of fire safety information thus creating a continual record throughout a building’s lifespan
-making it easier for enforcement authorities to take action against non-compliance
-ensuring residents have access to comprehensive information about fire safety in their building
Fire safety legislation is crucial for the protection of businesses and individuals. Standard fire safety practices can significantly reduce the risk of injury and loss of life. Companies must prioritize fire safety to ensure the safety of residents, employees, contractors and customers and the success of their operations. The government has responded to the dangers highlighted by the Grenfell tragedy by enacting the Fire Safety (England) Regulations 2022, which will become law on January 23, 2023. These regulations place new responsibilities on those in charge of fire safety in all areas.
The Fire Safety Order is a law that places the duty to keep people safe from fire upon the Responsible Person.
The Responsible Person is a legally created entity, as defined in Article 3 of The Regulatory Reform (Fire Safety) Order 2005, in Scotland it is the Fire (Scotland) Act 2005. The Fire Safety Order applies to most non-domestic premises (and some domestic).
It includes all businesses such as residential and social housing, offices/shops, entertainment venues of all types, schools, guesthouses, small day nurseries, places of worship and community halls.
The term “terrorism” comes from French terrorisme, from Latin: terror, “great fear”, “dread”, related to the Latin verb terrere, “to frighten”. The terror cimbricus was a panic and state of emergency in Rome in response to the approach of warriors of the Cimbri tribe in 105 BCE.
In the modern world, terrorism can happen anywhere and is, and always has been, something that need not have a common reason. In the main, it is places of public gathering that it occurs (a venue). Random acts of violence perpetrated against the innocent serve to punish the majority.
History will tell us that the reason why this happens is impossible to predict, every act has had a different cause, and the size and type of venue are not an indicator of where it might occur next. It is crucial to educate oneself about the threat of terrorism and prepare for any potential attacks.
Knowing the signs of suspicious activity and reporting it to authorities can help prevent terrorist acts. Additionally, planning for emergencies and knowing what to do during an attack can save lives. These steps can help ensure the safety of oneself and others in the community.
Martyn’s Law is a proposed legislation that aims to improve public security and Resilience against terrorism in the UK. It is named after Martyn Hett, one of the 22 victims of the Manchester Arena bombing in 2017.
The Law would require venues and public spaces to protect people from terrorist attacks, such as conducting risk assessments, implementing security measures, providing staff training and having preparedness plan. Using a tiered model, the Law would apply to different locations depending on their size and activity. A standard tier would apply to places with a maximum capacity of over 100 people. An enhanced level would apply to high-capacity locations such as stadiums, arenas and shopping centres. Enforcement of the Law would be by an inspection capability providing guidance and sanctions if needed.
Martyn’s Law is not yet passed as legislation. Still, the government announced its first draft in May 2023. It said it would work closely with security partners, businesses and victims’ groups to deliver it. The Law is supported by Martyn Hett’s mother, Figen Murray, who has campaigned for better security standards since her son’s death.
All of these items (and others) fall under the same "duty of care" as the Fire Safety Order.
Food businesses must implement procedures based on Hazard Analysis and Critical Control Points (HACCP) principles for storing and preparing safe food. The General Food Law provisions state that food shall not be placed on the market if it is unsafe. The governing body is responsible for ensuring that the national school food standards are met in England. The Food Standards Agency provides guidance on packaging and labelling and preparation and cooking.
COSHH stands for Control of Substances Hazardous to Health.
It is a law that requires employers to control substances that are hazardous to health. You can prevent or reduce workers’ exposure to hazardous substances by finding out what the health hazards are, deciding how to prevent harm to health (risk assessment), providing control measures to reduce harm to health, making sure they are used correctly and keeping all control measures in good working order. The Health and Safety Executive provides guidance on COSHH basics, types of harmful substances and how to prevent or reduce workers’ exposure to them.
The Health and Safety at Work Act 1974 is the primary law governing health and safety at work in Great Britain. It requires all businesses to provide necessary information, instruction, training, and supervision to ensure the health and safety of employees. Employers are also required to perform a risk assessment of hazards relevant to their workplace. Certain work activities have specific regulations, such as those for construction work or working with asbestos. Employers have a duty to report serious workplace accidents, occupational diseases, and specified dangerous occurrences under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). The Health and Safety (Offences) Act 2008 and The Control of Artificial Optical Radiation at Work Regulations 2010 are also relevant laws.
The Fire Safety Regulations and Martyn’s Law are designed with one purpose in mind, to make us prepare for terror in the same way that we are supposed to prepare for a fire (comply with legislation) or, increasingly, a medical emergency. We need to be aware of threats and how we might deal with them when they occur.
It is human nature to want to do this. We want to prepare; the best planning relies on having these things ready.
To do this, we are supposed to check. But the unfortunate truth is that we do not.
We let fire extinguishers go out of date on maintenance, and we use them as doorstops, and revellers often steal them. We chain fire exits, often because they are the easiest way of entrance for a burglar. We build obstructions of rubbish in these exit paths and do not check device operation. Door hinges rust to the point where they cannot open. We often use First Aid equipment and do not replenish - commonly on an exercise or drill.
"This human failure to have the will but not the memory to check, coupled with other forms of disaster, causes loss of human life and injury. Recent enquiries have shown this to be true."
Duty of Care defines responsibility whether you are the captain of an aeroplane or a ship, a teacher in a classroom, a manager in a pub or restaurant, a religious leader or a caretaker in a community hall.
And that definition now carries a threat.
If you are the responsible person and something happens, there is no appropriate equipment or systems preparation check. It is you who is to blame in any enquiry.
But how do you do this? How do you prove that you do take notice of legislation?
By subscribing to the Risk Manager App, you can show this. This toolkit provides the necessary prompts to check devices, systems and exits - pre-flight checks and tools that assist in an emergency and you can add more, those specific to your business (additional charges may be applied).