Legislation
Current legislation says that if you employ anyone you must do a Fire Risk Assessment.
Employ 5 or more persons and you’ve got to write it down.
Operate a premises under a licence or registration, and again you have to write it down.
Click the arrow to view a copy of the legislation…
The Fire Safety Order
UK fire safety provisions were scattered across more than 100 different pieces of legislation, all with many implications on businesses, and some with overlaps between their requirements.
This was often confusing to businesses as they attempted to become compliant with this raft of legislation. The aim of the Fire Safety Order – that was introduced under the Regulatory Reform Act – is to ‘simplify, rationalise and consolidate existing legislation’.
Summary of Document Fire certificates will no longer be issued.
Each individual company is now responsible for its own fire safety. The employer must conduct a fire risk assessment regardless of the size of the risk. The identified responsible person therefore takes full corporate liability.
If five or more people are employed, this risk assessment must be documented.
Extended scope of consideration now to include property safety, fire fighter safety and the environment around the site as well as just protecting life. This means that allowing a building to just burn is unacceptable due to the risk to neighbouring buildings and fire fighters. The responsible person has a duty to protect the fire brigade.
Unlike the Fire Precautions (Workplace) Regulations, the Fire Safety Order places emphasis on business continuity and containing and preventing the spread of small fires. The effectiveness of fire extinguishers is clearly recognised as a major provision in doing just this.
Protection is explicitly extended to all occupants and not just employees. Visitors, contractors or passers-by also have to be considered in the risk assessment.
Fire fighters now have greater authority to gain entry to premises and remove samples after a fire.
What are the implications for business?
With building fire safety being solely risk assessment led, the government believes the removal of fire certificates will save £1.7m per year. The long term saving if all businesses carry out a fire risk assessment could be around £110 million based on a reduction of workplace fires.
Overall the legislation is now less burdensome and clearer, with the fire brigade reinforcing the Safety Order’s requirements.
Who is responsible?
Employer with control of a workplace, failing that…
Person with overall management of a building
Occupier of premises
Owner of premises (i.e. empty buildings)
Whilst other people like landlords have some control, the primary responsibility rest with employer.
The responsible person will be held accountable. Under the Order he will be strongly be advised to nominate a competent supplier, one that can demonstrate it has ‘the appropriate skills and experience’. Both or either party may be held responsible at the time of inspection or post incident.
Whilst renewing the focus on the fire risk assessments and training the Order will state that fire brigades can advise on but not carry out fire risk assessments.