Legislation
Workplace fire safety is supported by Government Legislation. The primary legislation in England and Wales is the the Regulatory Reform (Fire Safety) Order 2005 and applies to virtually all buildings, places and structures other than individual private dwellings. Therefore, if you own, operate or manage a business then you must comply with this legislation.
The 'Fire Safety Order' places the emphasis on risk reduction and fire prevention. Under the Order, persons responsible for commercial buildings, i.e. the employer, owner or any other person who has control of any part of the premises, are required to carry out a mandatory detailed fire risk assessment identifying the risks and hazards (the significant findings) in the premises. The fire risk assessment must be recorded if you employ five or more persons.
In addition, the Order requires the "Responsible Person" to:
- Make a suitable and sufficient assessment of the risks to which "relevant persons" are exposed, for the purpose of identifying the general fire precautions required to comply with the requirements of the above order.
- Identify the significant findings of the assessment, including the measures which have been or will be taken to fulfil his legal under the above order.
- Identify any group of persons who might be especially at risk in case of fire.
- Take into consideration all relevant persons, whether employed by him or not, who may be affected by a fire in the workplace or in adjacent premises.
- Provide and maintain such general fire precautions are necessary to safeguard those who use the workplace.
- Where a dangerous substance is present in or on the premises, he must ensure that risk to relevant persons is either eliminated or reduced so far as is reasonably practicable.
- Provide information, instruction and training to employees about the fire precautions in the workplace.
- Ensuring any facilities, equipment and devices provided in respect of the premises for the use by or protection of fire-fighters are subject to a suitable system of maintenance and are maintained in an effective state, in efficient working order and in good repair.
The Responsible Person
The Regulatory Reform (Fire Safety) Order 2005 places the emphasis for compliance with the 'Responsible Person', which in most workplaces is the employer and any other person who may have control of any part of the premises, for example; the occupier or owner. In all other premises the person or people in control of the premises will be responsible. If there is more than one responsible person in any type of premises, all must take all reasonable steps to work with each other.
The Competent Person
The legislation allows for any competent person to carry out an assessment. This can be done through a suitable training course. You will need to be able to demonstrate that an appropriately qualified individual completed the assessment. When using an 'outside' organisation to conduct a risk assessment that you will be responsible for, you should satisfy yourself that they are suitably competent and qualified to conduct the risk assessment.
Staff Training
Staff training is a legal requirement, all employees should be trained by a competent person. All employees should be trained in the action to be taken in the event of a fire and this training should be refreshed at regular intervals. At least one person should be present at all times whilst the building is occupied, who is competent in the use of portable fire fighting equipment. In larger premises, nominated staff should be given a greater degree of training, i.e. fire marshals, fire wardens etc.