![]()
A Quick Guide.
The latest legislation affects all employers and employees in the UK.
UK fire safety provisions are scattered across more than 100 different pieces of
legislation, all with many implications on businesses, and some with overlaps
between their requirements.
This can be confusing to businesses as they attempt to become compliant with
this raft of legislation. The aim of the Fire Safety Order - that will be
introduced under the Regulatory Reform Order - is to ‘simplify, rationalize and
consolidate existing legislation’.
Summary of 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 neighboring 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 recognized 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, 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.