The Management of Health & Safety At Work Regulations 1999 covers the legal requirement of  health and safety risk assessments. They require all employers to assess and manage health and safety risks with risk management involving the identifying and controlling, (by sensible health and safety measures), any potentially significant risk of accident or ill health under employer supervision such as contractors, leaseholders, members of the public and visitors.

Whilst these Regulations don’t provide for the frequency of health and safety reports, it is highly recommended that they at least be carried out annually in order to identify any hazards that could result in significant injury.

Note: There is a difference between the obligations of just repair and repair/keep in working order with the latter being a higher obligation requiring those areas to be capable of functioning for the purpose of which they are intended. However, as there is no legal definition of common areas it will be the lease that is the definitive document.

Two of the most important elements are Regulation 3 as it is requires general assessment of all risks to health arising from work. It’s aim is to establish an effective system of ‘preventive and protective measures’ to safeguard employees.

The other is Regulation 5 which requires employers to make arrangements to cover the ‘effective planning, organisation, control, monitoring and review’ of health and safety.

A large part of the service charge budget may be required to adhere to the legislation but failure to comply could come at a far greater cost should an accident or injury occur.


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