Who is actually responsible for the less-abled evacuation?

 

A common recurring question regarding less able evacuation, which we are frequently asked 2-3 times a month, is: “Do we have evacuation chairs on our premises, or should the landlord manage this?”

While the UK law does not require the use of evacuation chairs, it holds building owners, operators, or tenants responsible for providing means of escape for all building users, including those with disabilities or mobility issues.

Even though the legislation does not explicitly mention evacuation chairs, they are widely recognised as a practical and effective solution for safely evacuating individuals with mobility impairments, especially in multi-story buildings or locations with limited accessibility.

As someone responsible for business premises, you have an obligation to your staff and the people who use your building to ensure adequate fire precautions are in place. This includes conducting suitable risk assessments, such as identifying potential fire hazards, planning for emergency evacuations, and having emergency evacuation equipment in place.

In a multi-tenant building, the responsibility ultimately falls on the employer. Even if you only occupy one of two floors along with 8 other tenants, it’s essential to ensure that you have proper measures in place. We often come across fire risk assessments stating “no disabled staff are employed,” so evacuation chairs are deemed unnecessary. While this may be true, it’s important to recognise that “less able” doesn’t only refer to someone in a wheelchair. It could be someone with a temporary injury following knee surgery or a hip replacement. They may be able to use the lift in the morning, but what happens if the building needs to be evacuated and the lift is out of service? Having a robust Personal Emergency Evacuation Plans (PEEPs) system in place is crucial. The individual in question might not necessarily need an evacuation chair but may just require assistance from a buddy to reach a safe place or to use the stairs.

Now, let’s focus on the original question about evacuation chairs.

As an employer, you have ultimate responsibility for your employees and visitors within your leased areas. The landlord is only responsible for the common areas. If you do have evacuation chairs, you need suitably trained staff and enough coverage for staff holidays and sickness. Moreover, would the landlord even have enough staff on-site to manage and operate the evacuation process? Most landlords only have a small team of reception staff or security who have other functions to perform during an evacuation, such as liaising with the fire and rescue service and securing the perimeter of the building.

In conclusion, our advice is to thoroughly understand your processes and procedures, especially concerning PEEPs. Don’t rely solely on the landlord, as it’s your responsibility. However, in most cases, landlords are willing to collaborate with tenants on a scheme to provide the same type of chair and training, potentially included in the service charge. This approach allows for better value for money when purchasing in bulk. Cooperation and coordination, as mandated in the Regulatory Reform (Fire Safety) Order, are key. 

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