employers' responsibilities

Introduction.

Everyone is responsible for fire safety at work, Employees and Employers. Fires at work kill people and businesses so it makes good sense for everyone in the workplace to consider fire safety.

In October 2006 the Government updated the fire safety legislation that applies in England by enacting the Regulatory Reform (Fire Safety) Order 2005. Further information on this new fire safety legislation is given in Fire Safety Law section below. The following paragraphs provide an overview of employees and employers responsibilities under the new legislation concerning Fire Safety at Work. In addition East Sussex Fire & Rescue Service offer a number of Commercial Courses to help business´s in the area tackle the fire safety issue.

Employers need to :

  1. Carry out a fire risk assessment.
  2. Produce a written emergency plan.
  3. Ensure that Employees know about the risks present in the workplace.
  4. Ensure that they know what to do in the event of an Emergency.
  5. Train your staff to know what to do in the event of fire.
  6. Maintain the premises and any fire related facilities, equipment and devices.

Fire certificates, issued under previous fire safety legislation, are now obsolete. However, the fire safety standards detailed in these old fire certificates will undoubtedly provide a good basis for compliance with the new law. The Fire Precautions (workplace) Regulations 1997 have also been repealed and replaced with the new legislation.

A simple Entry Level Guide [pdf - 330 KB] to making your premises safe is available to download. It also tells you how to carry out your fire risk assessment and identify the safeguards which you should have in your workplace.

You may need additional information if you have large or complex premises.

A series of guides for different business sectors is available from the following Government website (http://www.communities.gov.uk/publications/fire/regulatoryreformfire).

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Fire Safety Law.

The Regulatory Reform (Fire Safety) Order 2005
came into force 1st October 2006

A new regime of fire safety enforcement will affect employers and those who are responsible for, non-domestic, Industrial, commercial and residential premises. Self-employed people and the voluntary sector will also be brought within this regime.

This new legislation aims to simplify, rationalise and consolidate the old fire safety legislation. It provides for a risk-based approach to fire safety allowing more efficient effective enforcement by the fire and rescue service. At the core of the legislation lies the Fire Risk Assessment. This is an organised appraisal of your work activities and the workplace to enable you to identify potential fire hazards, and to decide who (including employees and visitors) might be in danger in the event of fire, and their location. You will then evaluate the risks arising from the hazards and decide whether the existing fire precautions are adequate, or whether more needs to be done. With the old fire safety legislation having now been repealed, occupiers of premises no longer need to apply for a Fire Certificate.

The Fire Protection Association (FPA) with the Office of the Deputy Prime Minister (ODPM) produced a leaflet called Guidance on Fire Safety at Work [pdf - 261 KB]. This leaflet provides some useful checklists that may assist with your initial assessment of your workplace.

Fire Gateway Image

The Government has, in partnership with other stakeholders produced a suite of guides (http://www.communities.gov.uk/fire/firesafety/firesafetylaw/aboutguides/) which will help the responsible person comply with the new legislation. Check your compliance with the new legislation by filling in the online self-assessment form on the Fire Gateway (www.fire.gov.uk).

In addition, the Chief Fire Officers Association (CFOA) has produced a number of guidance documents which give information on what you can expect with regard to enforcement from your Local Authority Fire and Rescue Service, once the new legislation has been introduced. These are available on the Hampshire Fire & Rescue website via the following link (www.hantsfire.gov.uk/forbusiness/firesafetyregs/fsrpolicydirectives.htm).

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Fire Risk Assessment.

The Responsible Person must carry out, or appoint a Competent Person to carry out a Suitable and Sufficient fire risk assessment of the risks of fire to their employees and others who may be affected by their work or business. Those who employ five or more employees should keep a formal record of any Significant Findings and remedial measures that have, or may need to be, taken.

To help you ensure your premises comply with the new legislation, an online self-assessment form is available. This consists of a series of fire-safety related questions which should take no more than ten minutes to complete.

At the end of the process, you will have the option to view your results and any suggestions for improvement that may be applicable by means of an online form which you can print or save for future reference.

Responsible Person.

In the Order "Responsible Person" means in a workplace, the employer in any other premises the person who has control of the premises (as occupier or otherwise) in connection with the carrying on by him of a trade, business or other undertaking (for profit or not), or the owner, where the person in control of the premises does not have control in connection with the carrying on by that person of a trade, business or other undertaking.

Competent Person.

The competent person or fire risk assessor need not possess any specific academic qualifications but should:

  • understand the relevant fire safety legislation.
  • have appropriate education, training, knowledge and experience in the principles of fire safety.
  • have an understanding of fire development and the behaviour of people in fire
  • understand the fire hazards, fire risks and relevant factors associated with occupants at special risk within the buildings of the type in question.
  • have appropriate training and/or experience in carrying out fire risk assessments.
Suitable and sufficient.

Whilst the legislation does not define suitable and sufficient it is generally considered that a risk assessment should do the following:

  1. Identify the fire risks arising from or in connection with work:
    Attention should be paid to sources of ignition, sources of fuel and work processes.
  2. Identify the location of people at significant risk in case of fire:
    It will be necessary to identify the areas that persons will frequent, whether they be employees, customers, visiting contractors etc.
  3. Evaluate the risks:
    • Are existing fire safety measures within the premises adequate?
    • Are sources of fuel and ignition controlled?
    • Is there adequate means for detecting fire and giving warning?
    • Is there adequate means of escape in case of fire from all parts of the premises?
    • Has adequate and appropriate fire-fighting equipment been provided, and is it suitably located?
    • Is there an adequate testing and maintenance regime in place for fire precautions within the premises?
    • Have employees been adequately trained in fire safety procedures within the premises and in the use of fire-fighting equipment?
  4. Record findings and action taken:
    Prepare an emergency plan, inform, instruct and give training to employees in fire precautions.
  5. Keep the assessment under review:
    Generally the review date should be one year from the date of completion of the risk assessment, however it may be necessary to set an earlier date depending on the type of premises, processes carried out, etc.

    Employers and the self employed are expected to take reasonable steps to help themselves identify fire risks, e.g. by looking at appropriate sources of information such as legislation, and codes of practice or by reference to a competent individual.
    • For small premises presenting few or simple hazards a suitable and sufficient fire risk assessment can be a very straightforward process.
    • In many intermediate cases the fire risk assessment will need to be more sophisticated. Some areas of the assessment may require specialist advice such as in a particularly complicated building.
    • Large and complex premises will require the most developed and sophisticated fire risk assessments particularly where fire engineering solutions have been developed to overcome difficult fire safety issues.
    • Fire risk assessments must also consider all those who might be affected by the undertaking whether they are employees or others such as contractors working on site or members of the public. Particularly attention should be given to those individuals who are especially vulnerable. such as young persons, the elderly or those with disabilities.
Significant Findings.

Significant findings should include:

  • the significant hazards identified in the assessment. That is, those hazards which might pose serious risk to workers or others who might be affected by the work activities if they were not properly controlled.
  • the existing control measures in place and the extent to which they control the risks (this need not replicate details of measures more fully described in works manuals etc but could refer to them)
  • the population which may be affected by these significant risks or hazards, including any groups of employees who are especially at risk.
Other Sources of information.

More definitive guidance will be found in:

The Approved Code Of Practice to the Management of Health and Safety at Work Regulations 1999
[ISBN 0 71 762 488 9. Available from HSE Books (www.hsebooks.com)].

PAS 79:2005, Fire Risk Assessment - A Recommended Methodology (By C.S. Todd and Associates)
[ISBN 0 580 44723 5. Available from the British standards Institute (www.bsi-global.com)].

Guide for small accommodation providers: "Do you have paying guests?"

Information is available at:http://www.communities.gov.uk/fire/firesafety/firesafetylaw/accommodationproviders/

A series of Government Technical guides for business premises is available at http://www.communities.gov.uk/fire/firesafety/firesafetylaw/

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Safety Training.

East Sussex Fire & Rescue Service offer a number of training courses for the business community which aim to improve awareness and encourage delegates to give greater consideration to safety at their place of work. Further details can be found on our Commercial Training Page.

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Accommodation Providers

East Sussex County Council Trading Standards Service in partnership with local Environmental Health Departments, Tourism Offices, East Sussex Fire & Rescue Service, Disability Equals Business and Tourism South East have launched the "Fit For Purpose" initiative to provide local accommodation providers with a joined up approach to business advice and support.

What's in it for businesses?

Local businesses will have access to guidance on the following areas of law:

  • Health & Safety
  • Fire Safety & Risk Assessments
  • Food Safety
  • Trading Standards Criminal
  • Trading Standards Civil
  • Disability Discrimination Act

This is available in the form of a pack with accompanying checklists, which may be downloaded via the link below. The checklists are designed to help your business identify where you are doing well, but more importantly where you may need further advice or support.

How do businesses participate?

The checklists are sent back to Trading Standards who will then forward them to the appropriate service. You will then receive advice from the relevant service. Once your business has made the necessary changes - you will be able to self certify that your business is "Fit For Purpose" and complies with the above legislation. A certificate to showcase your business' participation in this initiative will then be issued. A small number of participants may be audited to ensure the scheme has worked.

Training seminars will be organised to compliment this initiative in June and November 2006. To register your interest in attending seminars, please contact Mina O'Brien on 01323 418201 or email: business.support@eastsussex.gov.uk.

Fit For Purpose covers aspects of the Tourism South East initiative "Partners in Success". On completion of Fit For Purpose, your business can then choose to participate in "Partners in Success".

For further information on how Fit For Purpose can benefit your business please contact the Business Support Officer at East Sussex Trading Standards on 01323 418201 or email: business.support@eastsussex.gov.uk.

You can also access information from your local Environmental Health Department and Tourism South East.

To download the pack, please visit: www.eastsussex.gov.uk/fitforpurpose.

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Further Business Fire Safety Advice.

Contact your local Business Fire Safety Advice Team to get more information concerning Fire Safety at Work.

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