health and safety
📖 What is health and safety? Meaning and definition
In the UK, 'health and safety' within the context of tenancies primarily concerns ensuring that rented properties are safe for their occupants. This involves identifying and addressing potential hazards that could affect the well-being of residents. For instance, if asbestos is found and disturbed in a property, it is considered a significant health and safety risk that requires urgent attention and removal to protect residents.
📋 Requirements
- Identification of potential hazards within the property, such as disturbed asbestos or structural instability.
- Assessment of the risk posed by identified hazards to the health and safety of residents.
- Implementation of appropriate actions, such as serving Improvement Notices or undertaking removal works, to mitigate or eliminate the risk.
- Prioritisation of works that address immediate and significant health and safety risks.
📝 Procedure
- Environmental Health Officers or structural engineers inspect the property to assess its condition.
- A report is obtained, detailing any structural stability issues or other hazards.
- A decision is made on the appropriate course of action, such as serving Improvement Notices.
- Works are carried out to address the identified health and safety risks, for example, asbestos removal.
💡 Examples
- A new managing agent for a block of flats prioritised the removal of disturbed asbestos in the loft because it was considered a health and safety risk to residents.
- Following inspections by Environmental Health Officers, Improvement Notices were served for a property with conditions described as 'tired and wanting maintenance' to address potential structural issues.
- Works were required to remove asbestos from a property because without its removal, there was a clear risk to the health and safety of the residents.
❓ Frequently asked questions
What kind of issues fall under 'health and safety' in a rented property?
Issues can include structural instability, the presence of hazardous materials like disturbed asbestos, or general conditions that pose a risk to residents' well-being, such as a property needing significant maintenance.
Who is responsible for checking health and safety in a rented property?
Environmental Health Officers and structural engineers are often involved in inspecting properties and assessing conditions related to health and safety, as seen in cases where improvement notices are issued or asbestos is found.
What happens if a health and safety risk is found?
If a risk is found, actions like serving Improvement Notices may be taken, or urgent works, such as asbestos removal, might be prioritised to eliminate the danger to residents.
Can a tenant make a health and safety complaint to an Employment Tribunal?
Based on the provided case, an Employment Tribunal may dismiss a health and safety complaint if it does not have jurisdiction over the matter, suggesting such complaints might need to be directed to other appropriate bodies or tribunals.
Is asbestos always a health and safety risk?
When asbestos is disturbed, it is considered a health and safety risk, and its removal is often prioritised to protect residents.