1st October 2006 saw the Regulatory Reform (Fire Safety) Order come into force. The Government has introduced the new legislation as part of their commitment to reduce death, injury and damage caused by fire. The aim of the Fire Safety order is to simplify and consolidate the many pieces of existing fire safety legislation and to provide a risk-based approach to fire safety.
So what's all the fuss about? Nothing to do with you as the Fire service has always issued you with a fire certificate?
Wrong. As an employer, you have a responsibility for ensuring the health, safety and welfare of your employees and others who may have access to your workplace. This responsibility includes safety in relation to fire hazards. The new Order applies to all employers, large and small, and places a greater emphasis on fire prevention in all non-domestic premises, including the voluntary sector and self-employed people who have premises separate from their homes. One of the major implications of the new Fire Safety Order is that fire certificates will be abolished and existing certificates will no longer have any legal status.
In prevention terms, think of it in another way. Ask yourself the following questions:
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Can my business stand a fire?
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Could I satisfy any subsequent HSE investigation that I had completed the new risk assessments, and recorded the outcome?
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How would my insurance company react if the previous answer was no?
If your answer to any of these questions is not an affirmative yes then you may be at risk. So what's it all about and what do you need to do?
What do I need to do to comply with new Order?
The new Fire Safety Order means that as an employer, or a 'responsible person' who has control of a workplace, you must regularly carry out fire risk assessments to reduce the risk of fire and to make sure that people who use your premises can escape safely should there be a fire. Your risk assessment should take account of employees, visitors, contractors and any other group of people who use your premises. The aim of a risk assessment is to enable you to identify and take the steps required to eliminate, reduce or control safety risks to make sure your employees remain safe at work. If you employ five or more people you must record the findings of the assessments.
You should also create a plan of how you will deal with emergency situations in the workplace, for example, you should ensure that you have a clear fire evacuation procedure in place which is recorded and communicated to your employees.
Who is a 'responsible person'?
A 'responsible person' is defined by the Fire Safety order as "anyone who has control of premises or anyone with a degree of control over certain areas or systems". This can include:
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The employer for those parts of premises that staff may go to;
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The managing agent or owner for shared parts of premises or shared fire safety equipment such as fire-warning systems or sprinklers;
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The occupier, such as self-employed people or voluntary organisations if they have control; or
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Any other person who has some control over a part of the premises.
What will happen if I do not comply with the new Fire Safety order?
If you do not comply with the order, the fire authority may simply provide practical advice or, if the risk is serious, a formal enforcement notice will be issued to you. If you fail to comply with the terms of an enforcement notice, or you place employees at serious risk by failing to comply with the Fire Regulations, you may be subject to a fine and/or imprisonment.
HR Advantage can assist you to comply with the Fire Safety order by providing Health and Safety advice and guidance, as well as risk assessments, at very competitive prices. Alternatively, we can provide you with the tools that will enable you to conduct your own risk assessments. For further information, please contact Stuart on 01404 42359 or email stuart@hradvantage.co.uk.
November 2006
