Failure in their Duty of Care

« Back to blog home12 Dec 2011 by Indepth Hygiene

Too many Building Owners and Managers continue to Fail in their Duty of Care to Building Occupants

In the UK the importance of having ventilation systems, whether grease extract or extract and supply, thoroughly and regularly cleaned is still not given the attention it warrants by building owners and managers.  It certainly falls well below what is regarded as standard practice in the US where clearly there is a full understanding that ventilation systems need to be kept clean for the sake of the safety, health and well-being of building occupants.

Even where the UK has very clear legislation in place, such as the Fire Safety Order, which requires those responsible for the safety of building occupants to identify all risks and to take the necessary action to eliminate these risks on pain of prosecution for failure, there are still too many buildings where the fire dangers of uncleaned grease extract ducting, for example, are still being ignored.  This in spite of abundant evidence that grease in extract ducting when ignited will cause a fire to become widespread, very destructive and highly dangerous to those in its vicinity.

Property Insurers have lent their weight to the case for having these systems properly cleaned by making it a condition of their policies that extract ducting must be cleaned in its entirety, with the sanction that failure to do so will result in claims for loss and damage being refused in the event of fire.

Now the Fire Authorities – the ‘policemen’ of the legislation, are beginning to look more closely at the thoroughness of Fire Risk Assessments to check that all potential fire sources have been identified.  At the same time Fire Risk Assessors and Consultants have come under scrutiny by the Competency Council.  There is evidence that all too often grease extract systems have not been included in Fire Risk Assessments and if they are not identified as a potential fire risk they are unlikely to be cleaned.  The aim of the Competency Council is to improve the standards of practice of Fire Risk Assessment consultants but those retaining consultants should not forget that it is the person responsible for the safety of building occupants as defined by the legislation who will face prosecution for any compliance failures, not the consultant.

When one looks at how well the comfort and well-being of workplace occupants is being safeguarded by owners and managers ensuring that the air they breathe is kept as clean as possible, again one sees widespread failures to take appropriate action.  It is commonplace to see soot like deposits on and around ceiling ventilation grilles – a sure sign that the ventilation ductwork to which they are attached retains unhygienic deposits of dust and debris.

In hospitals, of course, dirty ducting poses specific challenges.  Extensive research has shown that conditions typically encountered in ventilation ducting are highly conducive to the growth of micro-organisms.  As part of the battle against Healthcare Associated Infections, notably MRSA and C. Difficile hospital estates and facilities managers are becoming aware that it is not just sufficient to concentrate extra effort on cleaning ledges, bed frames, curtain rails, etc.  They need to have an holistic approach to the problem by taking action to eliminate all potential sources of infection.  Making sure ducting systems are thoroughly cleaned is an important element of that strategy.

A word of warning to all those responsible for the well-being and safety of occupants.  Just as there are incompetent Fire Risk Assessors there are incompetent cleaning companies too.  Management of several major buildings have been astonished to find that as a result of fires they found that grease had not been fully removed from the internal surfaces of ducting even though they had commissioned cleaning.  It is incumbent on facilities and building managers to ensure they are receiving a professional and comprehensive cleaning service and to demand from the cleaning contractor a certificate clearly stating what has been cleaned.  There are several cases going through the courts at the moment where owners and managers have found themselves between a rock and a hard place.  On the one hand they have found it impossible to obtain compensation for losses due to fire in inadequately cleaned ducting from the cleaning contractor because he is either uninsured or insufficiently insured for the amount of the loss.  On the other hand they find themselves in breach of the Property Insurers’ requirement as a condition precedent to liability that the ventilation system be cleaned in its entirety.  It should not be forgotten that should anyone die as a result of management failure to take appropriate action to protect building occupants criminal proceedings can be instituted against the responsible person.

There is a clear message.  Ventilation systems, whether to provide for comfort, well-being or safety of building occupants, must be regularly inspected and appropriately cleaned.  Anything less and management can be accused of dereliction of their duties of care.