Notice

Key Healthcare

Address: Victoria House/Regent House/Church, Park Road North, Middlesbrough TS1 3LD

Reason Issued:

Article 8 – Duty to take general fire precautions

1. The responsible person must
   1. take such general fire precautions as will ensure, so far as is reasonably practicable, the safety of any of their employees; and
   2. in relation to relevant persons who are not their employees, take such general fire precautions as may reasonably be required in the circumstances of the case to ensure that the premises are safe

Legislation.gov.uk reference for Duty to take general fire precautions.

Article 9 – Risk Assessment

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
   1. there is reason to suspect that it is no longer valid; or
   2. 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
   1. he employs five or more employees;
   2. a licence under an enactment is in force in relation to the premises; or
   3. an alterations notice requiring this is in force in relation to the premises.
7. The prescribed information is
   1. 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
   2. 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
   1. the risk assessment has been made; and
   2. the measures required by or under this Order have been implemented.

Legislation.gov.uk reference for Risk Assessment.

Article 13 – Fire fighting and fire detection

1. Where necessary (whether due to the features of the premises, the activity carried on there, any hazard present or any other relevant circumstances) in order to safeguard the safety of relevant persons, the responsible person must ensure that
   1. the premises are, to the extent that it is appropriate, equipped with appropriate fire-fighting equipment and with fire detectors and alarms; and
   2. any non-automatic fire-fighting equipment so provided is easily accessible, simple to use and indicated by signs.
2. For the purposes of paragraph (1) what is appropriate is to be determined having regard to the dimensions and use of the premises, the equipment contained on the premises, the physical and chemical properties of the substances likely to be present and the maximum number of persons who may be present at any one time
3. The responsible person must, where necessary
   1. take measures for fire-fighting in the premises, adapted to the nature of the activities carried on there and the size of the undertaking and of the premises concerned;
   2. nominate competent persons to implement those measures and ensure that the number of such persons, their training and the equipment available to them are adequate, taking into account the size of, and the specific hazards involved in, the premises concerned; and
   3. arrange any necessary contacts with external emergency services, particularly as regards fire-fighting, rescue work, first-aid and emergency medical care.
4. A person is to be regarded as competent for the purposes of paragraph (3)(b) where he has sufficient training and experience or knowledge and other qualities to enable him properly to implement the measures referred to in that paragraph

Legislation.gov.uk reference for Fire fighting and fire detection.

Article 15 – Procedures for serious and imminent danger and for danger areas

1. The responsible person must
   1. establish and, where necessary, give effect to appropriate procedures, including safety drills, to be followed in the event of serious and imminent danger to relevant persons;
   2. nominate a sufficient number of competent persons to implement those procedures in so far as they relate to the evacuation of relevant persons from the premises; and
   3. ensure that no relevant person has access to any area to which it is necessary to restrict access on grounds of safety, unless the person concerned has received adequate safety instruction.
2. Without prejudice to the generality of paragraph (1)(a), the procedures referred to in that sub-paragraph must
   1. so far as is practicable, require any relevant persons who are exposed to serious and imminent danger to be informed of the nature of the hazard and of the steps taken or to be taken to protect them from it;
   2. enable the persons concerned (if necessary by taking appropriate steps in the absence of guidance or instruction and in the light of their knowledge and the technical means at their disposal) to stop work and immediately proceed to a place of safety in the event of their being exposed to serious, imminent and unavoidable danger; and
   3. save in exceptional cases for reasons duly substantiated (which cases and reasons must be specified in those procedures), require the persons concerned to be prevented from resuming work in any situation where there is still a serious and imminent danger.
3. A person is to be regarded as competent for the purposes of paragraph (1) where he has sufficient training and experience or knowledge and other qualities to enable him properly to implement the evacuation procedures referred to in that paragraph

Legislation.gov.uk reference for Procedures for serious and imminent danger and for danger areas.

Article 17 – Maintenance

1. Where necessary in order to safeguard the safety of relevant persons the responsible person must ensure that the premises and any facilities, equipment and devices provided in respect of the premises under this Order or, subject to paragraph (6), under any other enactment, including any enactment repealed or revoked by this Order, are subject to a suitable system of maintenance and are maintained in an efficient state, in efficient working order and in good repair
2. Where the premises form part of a building, the responsible person may make arrangements with the occupier of any other premises forming part of the building for the purpose of ensuring that the requirements of paragraph (1) are met.
3. Paragraph (2) applies even if the other premises are not premises to which this Order applies.
4. The occupier of the other premises must co-operate with the responsible person for the purposes of paragraph (2).
5. Where the occupier of the other premises is not also the owner of those premises, the references to the occupier in paragraphs (2) and (4) are to be taken to be references to both the occupier and the owner.
6. Paragraph (1) only applies to facilities, equipment and devices provided under other enactments where they are provided in connection with general fire precautions.

Legislation.gov.uk reference for Maintenance.