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Donna Winter
Member - 5 posts
On occasion we (cleaning contractor) have been asked to carry out fire marshal duties by the client (ie the occupier).
Facts:
Our cleaning staff carry out cleaning duties 5 days per week starting at various times throughout the day eg 5:00am to 8:00pm, in shifts.
All cleaning staff are required to sign in and out each day,
My view:
Contractors can be considered as "invited guests", therefore should not be asked, or expected, to take on the responsibilities of fire marshall.
Please advise
Harry Vankempen
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Philip Jeffs
Member - 299 posts
I think any contract could easily be worded to include the use of cleaners for any number of tasks. Its simply necessary to get both parties to agree on what's being provided, and word a contract accordingly. However without a contract then it shouldn't be assumed these duties fall to a cleaner to perform.
That said I wouldn't want our cleaners carrying out this duty due to insurance considerations if nothing else. The roll is primary to the welfare of staff in the event of a fire, and secondary as a means to prevent excessive damage to the company property if possible. I'm sure our insurers would want that handled by trained personnel.
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Dale Collins - Bond Pearce LLP
Online advisor - 9 posts
Good afternoon Harry
It is my view that it is wrong for an employer to expect/request contractors to undertake the task of fire marshall. The obligation on the employer is to ensure there are adequate systems in place to ensure the safety of staff and others, and he can only do this by asking employees to accept the duty of fire marshall (subject to adequate training) or employ competent external assistance.
The employer has no control/authority over the work being undertaken by the contractors (subject to contractual oversight) and cannot insist on them undertaking additional duties. The contract the contractor holds with the employer would need to be amended (and the contract value probably increased) if it were to be agreed that the contractors were to undertake the addidtional duties.
The emplyers insurers should also be notified that external contractors were to be used.
I hope this assists
Dale Collins
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Anonymous
On the occaision of the main clean of a building it is possible that the majority of people in a premises during the cleaning times are from an outside contracted company.Therefore it would be exceptable for them to provide cover for there own staff at least.Maybe this could form part of the requirement at the contract negotiation stage.
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