Regulatory Reform (Fire Safety) Order
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IN THIS ISSUE |
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WELCOME |
It is just 12 months ago since I wrote about the anticipated reform of fire safety legislation. Most of that article is still relevant today and if you have not already done so, it may be worth your while having a quick look at it. It is still available on our web site at
http://www.edp-uk.com/newsletters/firelaws.htm
At the time, our best estimate for when the revised legislation would come into force was “sometime in 2005”. As it turns out we were right in one sense but wrong in another.
We were right insofar as the legislation itself was published on the
7th June 2005 under the title “Regulatory Reform (Fire Safety) Order”. If you want some good bed-time reading, you can access the full text of the document from the legal pages of our website at.
http://www.edp-uk.com/law_regulations.htm
However, though the reforms have been published, and therefore we now know what they contain, the new proposed date when they are scheduled to come into force is April 2006. That provides a short breathing space for everyone to understand the new requirements and to make necessary preparations.
David Skews, (CEO)
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REGULATORY REFORM (FIRE SAFETY) ORDER |
Not a New Law
Strictly speaking, it would be a mistake to refer to the Regulatory Reform (Fire Safety) Order as “New” fire safety law. As its title implies, it is really a reform of existing requirements; previously spread across more than 100 discrete items of legislation, the main items being the Fire Precautions Act and the Fire Precautions (Workplace) Regulations.
As such, the Order is intended to simplify understanding of, compliance with, and enforcement of, the law.
It is probably also worth making the point that, with very few exceptions, this legislation covers all non-domestic premises.
So what are the main changes?
Risk Assessments instead of Fire Certificates
Perhaps the most prominent change to catch everyone’s attention is that fire certificates will no longer be required and any that have been issued will cease to have any legal status.
Instead, the new approach relies on Risk Assessments that are carried out in much the same way as for other aspects of health and safety.
Acting on the findings of risk assessments, employers have a responsibility to do all that is reasonably practicable to safeguard employees and people who are not employees but who may be exposed to risk in the event of fire.
Responsible Person
The legislation makes reference to the “Responsible Person” - a specified individual who is responsible for the premises. This person is the main duty holder in regard to fire safety and therefore has overall responsibility for:
- Undertaking the Fire Risk Assessment
- Putting precautions in place to safeguard employees and non-employees
- Ensuring that testing and maintenance is carried out for such aspects as
- Fire detection and alarm systems
- Fire fighting equipment
- Emergency exit routes and fire exits
- Fire evacuation drills and assembly points
In addition, the responsible person is accountable for training, provision of information and a variety of other duties insofar as they affect fire safety, such as use of personal protective equipment, protection of young people, risks from explosive atmospheres, etc.
In fact, this is a very high profile and responsible role for whoever is appointed.
Legal Enforcement
According to the Order, the enforcing authority is defined as
“the fire and rescue authority for the area in which the premises are, or are to be, situated”
and this applies to the majority of organisations, though there are some exceptions such as:
- Construction industry
- Ship building
- Nuclear installations
- Defence bases
- Crown owned premises
The organisations listed above are by no means exempt from the requirements of the Order but they are subject to variations in the way the requirements are enforced.
Visit by the Inspectors
Inspectors have the authority to enter and inspect your premises if they have reason to believe such a visit is appropriate.
In addition to inspecting the premises themselves, such a visit could involve interviewing responsible persons, inspecting records, taking samples and making whatever other enquiries are deemed necessary to determine whether or not you are complying with the provisions of the Order.
Further Information
Clarification of these measures and more specific details of how the reformed legislation is to be applied can be gleaned from the actual text of the document, which you can access from the legal pages of our website at
http://www.edp-uk.com/law_regulations.htm
For advice on how the Order affects you in particular, contact us to arrange a visit from one of our health and safety specialists who will advise you about the arrangements you need to put in place in preparation for April 2006.
You can contact us by ‘phone, fax, e-mail, post or by using the enquiry form on our website. Full contact information is available at
http://www.edp-uk.com/contact_us.htm.
Once this new Order comes into force, life should become simpler for all of us in terms of understanding the law and hopefully, as a result, we will all be safer from the risks posed by fire.
See edpFRAMEWORK for a broader perspective on Managing Health & Safety
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CASE LAW |
Faulty Fire Works
By way of illustrating the need for Fire Risk Assessments, a fireworks company based at a former US airbase in Oxfordshire was required to pay £28,000 in fines and court costs.
This was not because of an actual accident and no-one was hurt. It was a routine HSE inspection that identified boxes of damaged fireworks that were leaking explosive powder.
The chair of the magistrates graphically summed up the situation in the words:
“It is only by the grace of God that two people were not killed or seriously injured. There is considerable doubt over the use of adequate procedures even after eight months of new management. This demonstrates that the company was careless, and I could go further”.
The simple fact was that the company did not have a safe system of work in place for identifying and dealing with damaged fireworks and they did not have precautions in place to prevent an accident by fire or explosion.
The Regulatory Reform (Fire Safety) Order is not yet in force and therefore didn’t apply in this case. Instead, they were fined under the Health and Safety at Work Act and the Explosives Act.
It would have been much better, and cheaper, however, to carry out appropriate risk assessments and put control measures in place to manage the risks.
You can read details about the case on the HSE website at
http://www.gnn.gov.uk/Content/Detail.asp?ReleaseID=152812&NewsAreaID=2
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LEGAL MONITOR |
In regard to new and changed legislation, there have been a number of developments since the previous issue of our newsletter, including:
- The consultation period on the Corporate Killing Bill came to an end
- The review period for the RIDDOR Regulations has also closed
- Control of Major Accident Hazards (Amendment) Regulations have been introduced
- Control of Vibration at Work Regulations has come into force
- Work at Height Regulations (Northern Ireland) has come into force
You can access this legislation from the legal pages of our website at
http://www.edp-uk.com/law_regulations.htm
If you need specific advice on how these changes apply to your organisation, please contact us to arrange a visit from one of our consultants.
View anticipated Changes to Health & Safety Law. Then decide how you might be affected and if you need to make changes in preparation.
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David Skews, (CEO)
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EDP Health Safety & Environment Consultants Ltd
Lakeside, Alexandra Park, Prescot Road, St. Helens, Merseyside, UK
Telephone: +44(0)1744 766000
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