LFB/NHS Fire Safety Concordat Seminar 30 th September 2015

Fire Safety in Multiple Occupancy NHS Premises John Brett MBA MSc BSc(Hons) CMIOSH TIFireE Head of Health, Safety, Security and Fire (London) Paul Digby MIFireE TechIOSH Area Health, Safety, Security and Fire Manager (NW London)

Presentation Overview The evolution of fire safety management in multi-user healthcare premises. The challenges presented by the transition from public sector values to private sector realities. The importance of understanding the correct application of the RRO in leasehold premises.

Key Legislative Shifts RRO 2005 – Employers now responsible for fully assessing and managing fire risk in their premises. In many cases, PCT’s assumed this role. Health and Social Care Act 2012 – Abolished the PCT’s. Laid the foundations for the formation of NHS Property Services. Moved premises under the Landlord control of various providers (public and ‘semi-private’ sector).

NHS Property Services A government-owned private limited company, with the Secretary of State for Health as the single Shareholder. Carries Landlord responsibilities for nearly 4,000 premises nationally and around 500 here in London. Operating to bring the NHS Estate into a ‘realistic’ market state, but with any profits generated being ploughed back into frontline NHS services.

What do these changes mean in reality? In a nutshell… New Responsibilities! The PCT’s were often both Employer and Landlord – meaning they took on board the duties as responsible person. No PCT’s = ‘Occupying Employers’ now carry primary responsibility themselves. NHSPS is a aiming to operate more like a commercial landlord to improve sites.

As with other NHS Services, this raised queries…

and to some extent… confusion!

Key Challenges arising from the shift Expectation and Communication! Many ‘Occupying Employers’ are not aware (3 years on!) that they are now the responsible person at their premises. Expectation that NHSPS will simply pick- up where the PCT left off. And, this is after multiple communication releases to the contrary!

Surely the lease/license will clarify things? Only around 25% of NHSPS tenants have an effective lease or license to occupy in place. In the truly commercial world, all tenants would have a lease or license before they occupy a premises. THE NHS

How does the New World Order fit with the Regulatory Reform (Fire Safety) Order? From a multiple occupancy perspective: Article 3 – defines responsible person Article 7 – disapplication of certain provisions Article 9 – risk assessment Article 11 – fire safety arrangements Articles – info and training Article 22 – cooperation and coordination

NHSPS Role Where NHSPS is in control of common areas, it has responsibilities as a landlord. Where NHSPS have staff on site, it has responsibilities as an employer (but not necessarily for primary coordination). Tenants are starting to accept this approach but many LFB enforcement officers are being frustrated at not being able to discuss issues with an NHSPS Responsible Person on sites where NHSPS are not Employers. On such sites, responsibility for providing information to the LFB is passed to the Lead Tenant (where one can be readily identified and/or we can get them to accept the responsibility!).

NHSPS Role continued… However, this has been creating issues as some Lead Tenants have stated items such as: they have no funds to cover this element, or that they presumed the Landlord would cover this function. NHSPS is aiming to work with tenants to promote effective fire safety management within their buildings and to ensure that responsible persons are identified for each site.

Tenant Roles at Multiple Occupancy Sites Primarily to cooperate with the landlord and other tenants that occupy the site Ideally, to take on board a coordination role where they are the significant occupier at the site To undertake the FRA for their own demise and, where necessary, to share significant findings with stakeholders To participate in and/or (depending on identified responsibilities) organise evacuation plans, fire drills and training (for both staff and wardens/marshals) Comply with measures implemented/imposed to improve fire safety across the site as a whole

Going forward we can ensure that : Tenants accept full responsibility for their staff and the areas they occupy on sites. Joint inspections with the Occupiers’ inspectors or the LFB are considered. We work with the CQC to provide information they require for the sites and help them enforce outcome 10 of their inspection regime.

Any Questions?