Health and Safety Act in cases of emergency callouts

[NESW]

sorry if its in the wrong thread category, but recently when I specified we were to be the first point of contact in case of building emergency for our rentals, it was pointed out that under the HSA should I not respond immediately to a message that the PM could engage any business to undertake emergency work on my properties.

We have specific trades that attend to our properties and requirements. I'm going to issue the new (again) PM with a contact list of who these businesses are, but in the meanwhile, can anyone or would anyone point me to the specific part of the Act that states who shall be contacted in cases of emergency to attend to urgent works please.

We are rarely out of contact one way or another.

[Perry]

Ask the (PM?) for the statutory reference
in support of the assertion. Or you could
search the Act, yourself, here:
Health and Safety in Employment Act 1992

As it's aimed at employment, why would
it apply to rentals and their occupants?
I did a search for the word emergency . . . .

Search results

emergency appeared 2 times in 2 sections

6 Employers to ensure safety of employees
…develop procedures for dealing with emergencies that may arise while employees…

12 Information for employees generally and health and safety representatives
…what to do if an emergency arises while the employee is…

[NESW]

many thanks Perry. Its the 2nd time I have had it quoted to me when I mention I want to be the first point of contact in regard to work/repairs on my rentals. I'm going to put a list together of my tradespeople who are familiar with the houses, and ask at the bottom for the reference. Will let you know how I get on....

[lawt]

It's the health and safety in employment act.
Are you employing your tenants to stay there?
You aren't employing your PM - their company is.

In the original act even business working from home (assuming it was their residence) were exempt, now it did get revision during which a lot of previously excluded categories (eg motor vehicles and maritime) were included, but I don't recall them including residential at that stage.

So I think it would be one hell of a stretch to refer to it in this sense.

I'm picking it a convenience for them to use it - much like the privacy act.

[NESW]

Thanks, it was a comment about if ''something goes wrong at the property'' they have to organise immediate attention/repairs when I requested we are the first point of contact in regard to the property. We are a roofing business and it irked me with another PM they called in another roofing business from out of the area to look at something that was a plumbing job. Even as Owners we could have made it to the property faster than their trade, and why I want to be contacted in any case as its coming out of our pocket.

[teamchase]

You should have been called first, But i imagine they are using their emergency repairs clause in the contract signed.
check your contract.
If there is anything to do with health and safety, is it around the issue of: a firm is liable for the safety of the employee,(which you are, if you are invoicing them, for the work you undertake, on your property) and the safety of the works undertaken, so they are attempting to avoid liability, which is irrelevant if you operate a professional company with the right levels of indemnity and liability insurances.

[NESW]

Many thanks for the thoughts. When I entered the contract I ensured the relevant bits were marked, but I would suggest a PM has lots of other properties to look after as well, unless they get told they won't go looking at contracts until the deal is done and an invoice appears next statement.

So far though, I haven't received any objection to my call list.

[teamchase]

We dont have to go back and look at the contract, PM software these days keeps important facts like this on the forefront.
My suggestion, is that you get them to waive their maintenance fee on this slip up, (which they should have offered to do based on their error), and a friendly reminder about your contract should see that your PM doesn't slip up again.