Factory landlord won't wear safety glasses
April 1, 2019 9:49 AM Subscribe
Can we as a manufacturing tenant require the landlord's personnel to wear safety glasses?
Our manufacturing facility is leased -- we are a tenant in a much larger industrial building. We have a requirement for our workers and visitors to wear safety glasses when our area. Our landlord's facility management does not want to wear safety goggles when in our area.
1. Can we require the landlord's personnel to wear safety glasses?
2. Even if we do require it, how do we enforce the requirement?
3. Are we liable for their personnel when they are violating our policy? How would that go in an audit when there is no means of enforcement other than written complaints to the landlord?
Our manufacturing facility is leased -- we are a tenant in a much larger industrial building. We have a requirement for our workers and visitors to wear safety glasses when our area. Our landlord's facility management does not want to wear safety goggles when in our area.
1. Can we require the landlord's personnel to wear safety glasses?
2. Even if we do require it, how do we enforce the requirement?
3. Are we liable for their personnel when they are violating our policy? How would that go in an audit when there is no means of enforcement other than written complaints to the landlord?
Yes, you can require it. Get your insurance company to write up a requirement that says everybody — workers, visitors, landlord's people, etc. without exceptions — who sets foot on the manufacturing floor must where safety eyewear, or your insurance will be cancelled. Present that to the landlord, and ask them, in the light of their prior refusals, to sign a statement agreeing that they will adhere to the eyewear policy, and enforce it among their own personnel. Then, enforce it: do not permit them into your space without the eyewear.
posted by beagle at 10:18 AM on April 1, 2019 [6 favorites]
posted by beagle at 10:18 AM on April 1, 2019 [6 favorites]
A large prominent sign can really help with this. No need for lengthy explanations or paperwork - just point at the sign - no glasses no entry.
Also if they do end up getting injured you have clear evidence that they were made aware of the danger.
posted by Lanark at 11:06 AM on April 1, 2019 [3 favorites]
Also if they do end up getting injured you have clear evidence that they were made aware of the danger.
posted by Lanark at 11:06 AM on April 1, 2019 [3 favorites]
Best answer: Right now I suspect that the landlord thinks it's not their problem. If that's the case, beagle's approach might not work; the landlord already has everything they need (access to the property, as presumably spelled out in your lease), and so has no incentive to address the problem. Conversely, if you point out how it could become their problem, you might get some action from them.
So, a suggestion: talk to the landlord directly — not the facility manager. Point out that if one of their employees/agents is injured while on official business in the space you rent, then the injured employee could conceivably sue both you and the landlord over the injury: you because of "negligence", and the landlord because the worker was injured during the performance of work duties. It's therefore to your mutual advantage to enforce these regulations.
posted by Johnny Assay at 11:15 AM on April 1, 2019 [2 favorites]
So, a suggestion: talk to the landlord directly — not the facility manager. Point out that if one of their employees/agents is injured while on official business in the space you rent, then the injured employee could conceivably sue both you and the landlord over the injury: you because of "negligence", and the landlord because the worker was injured during the performance of work duties. It's therefore to your mutual advantage to enforce these regulations.
posted by Johnny Assay at 11:15 AM on April 1, 2019 [2 favorites]
IAAL, IANYL.
Most leases say that the landlord's access is premised on not unreasonably disturbing the tenant. Failure to observe basic safety precautions can be disruptive.
posted by joyceanmachine at 11:34 AM on April 1, 2019 [2 favorites]
Most leases say that the landlord's access is premised on not unreasonably disturbing the tenant. Failure to observe basic safety precautions can be disruptive.
posted by joyceanmachine at 11:34 AM on April 1, 2019 [2 favorites]
Is the safety glass requirement driven by an external entity, or workplace safety agency? In the USA, the employer has legal requirements to provide a safe workplace, and to comply with all relevant OSHA Standards. If there is a similar regulatory agency in your jurisdiction, it may be a legal requirement to mandate safety glasses. The landlord may rethink their policy when they realize that sending their employees into your facility without adequate PPE puts them in violation as an employer, too.
posted by yuwtze at 1:30 PM on April 1, 2019 [2 favorites]
posted by yuwtze at 1:30 PM on April 1, 2019 [2 favorites]
I am not a lawyer but am very familiar with health and safety rules at my organization in Australia. You can and should require someone to wear safety glasses and it doesn't matter who they are.
1. Yes
2. Literally don't let them enter the premises without glasses. The big sign suggested above should help.
3. Yes, probably. and even if not, if an accident were to happen it would likely turn into a big, expensive shitfight about said liability so enforcing safety regulations (which are probably government mandated) is a good way to go here.
posted by emd3737 at 1:48 PM on April 1, 2019
1. Yes
2. Literally don't let them enter the premises without glasses. The big sign suggested above should help.
3. Yes, probably. and even if not, if an accident were to happen it would likely turn into a big, expensive shitfight about said liability so enforcing safety regulations (which are probably government mandated) is a good way to go here.
posted by emd3737 at 1:48 PM on April 1, 2019
I would bet good money that your lease agreement contains language specifying that the tenant is required to carry insurance, even if it doesn't specify that you must have liability as well as property insurance.
If your insurance policy specifies that all employees and visitors must wear appropriate safety equipment, then yes, you are absolutely within your rights to prevent anyone who does not comply feom entering your premises, even if there isn't any insurance language in your lease.
Get a copy of your lease, your insurance policy, and call the property manager and let them know what their maintenance person is up to. I suspect this may just be a thing that their employee is not complying with, and they should set him straight post haste. ... you might be getting a new maintenance guy soon. By the way, if the maintenance guy shows up and complies but acts grumpy about it, let the PM know. You dont pay commercial rent to put up with garbage attitude and any PM worth their salt wants to keep good tenants happy.
I personally wouldn't go to the hassle of an indemnity agreement with any individual or company; your policy should be consistent for anyone entering your premises. If maintenance is entering as part of the lease, tell them to reduce the rent if they won't comply with your insurance requirements and hire your own maintenance staff.
posted by vignettist at 5:12 PM on April 1, 2019 [2 favorites]
If your insurance policy specifies that all employees and visitors must wear appropriate safety equipment, then yes, you are absolutely within your rights to prevent anyone who does not comply feom entering your premises, even if there isn't any insurance language in your lease.
Get a copy of your lease, your insurance policy, and call the property manager and let them know what their maintenance person is up to. I suspect this may just be a thing that their employee is not complying with, and they should set him straight post haste. ... you might be getting a new maintenance guy soon. By the way, if the maintenance guy shows up and complies but acts grumpy about it, let the PM know. You dont pay commercial rent to put up with garbage attitude and any PM worth their salt wants to keep good tenants happy.
I personally wouldn't go to the hassle of an indemnity agreement with any individual or company; your policy should be consistent for anyone entering your premises. If maintenance is entering as part of the lease, tell them to reduce the rent if they won't comply with your insurance requirements and hire your own maintenance staff.
posted by vignettist at 5:12 PM on April 1, 2019 [2 favorites]
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