Fire Safety Legislation
New Fire Safety Order Quick Guide
It is no wonder businesses can find fire safety legislation confusing, there are more than 100 different pieces which all have implications for businesses.
The aim of the new Fire Safety Order is to simplify, rationalise and consolidate existing legislation.
Summary Of The Consultation Document
- Fire certificates will be no longer issued.
- Each individual company will be responsible for their own fire safety. The employer must conduct a fire risk assessment regardless of the size of the risk. The identified responsible person would therefore take 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 be sacrificed is unacceptable due to the risk to neighbouring buildings and fire fighters. The responsible person would have 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 are to 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 businesses £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 will be less burdensome and clearer, with the fire brigade reinforcing the Safety Order's requirements.
Who Is Responsible?
- Employer with control of a workplace
- 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 rests with employer
The responsible person will be held accountable. Under the Order they will be strongly 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.
For further information regarding fire safety legislation and regulations we suggest the following websites:
- www.hse.gov.uk - this is the website of the Health and Safety Executive who are responsible for the regulation of almost all the risks to health and safety arising from work activity in Britain.
- www.odpm.gov.uk - this is the website of the Office of the Deputy Prime Minister which is responsible for policy on housing, planning, regional and local government and the fire service.
- www.bsi-global.com - this is the website of the British Standards Institute and contains information regarding national and international standards. They also supply advice on what key standards apply to businesses in various sectors.