Barbour Webinar Monday 16 th September 2013

Transcription

1 Barbour Webinar Monday 16 th September 2013 Fire Risk Assessment and the Competent Person presented by Howard Passey Commercial Director, FPA Sponsored by:

2 Agenda for today s webinar Introduction Overview of Barbour Services Presentation Fire Risk Assessment and the Competent Person Questions and Answers submit your questions via the chat box at anytime Post Event Survey CPD Certificate

3 Housekeeping Health and Safety Executive Online presentation Sound quality sometimes better on the phone rather than computer sound card and speakers Ask questions at any time over the chat box For technical issues report them in the chat box call

4 Health and Safety Executive Ruby McCormack Head of Product, OSH Global, UBM Live Over 16 years in product and content development across publishing and financial services. Responsible for development of Barbour and SHP.

5 Barbour Providing compliance information and tools to health and safety, construction and facilities professionals since 1955 Part of UBM Plc (also owns SHP, Safety & Health Expo, Facilities Show, Firex, IFSEC, SHP4Jobs and the SHP IOSH Awards)

6 Health and Safety Executive Barbour Subscription Service The Only information service approved by IOSH and BIFM Online access via subscription to industry leading information from multiple sources in one central, easily searchable place Barbour is used by over 10,000 professionals in over 1,000 organisations & enforcement agencies

7 Health and Safety Executive

8 Tools within Barbour Service Barbour Document Library Legal Register Facility Legislation Diary Estates & Facilities Management Current Awareness Briefing Barbour Communication, Training, Management and Policy Resources NEW! ISO 14001, OHSAS 18001, Certification Gap Analysis Tool

9 Over 170 Topics within Barbour Service Accidents and Incidents Asbestos Essentials Asbestos Management Carbon Management Climate Change Legislation Creating an Energy Plan Energy Management Systems BS ISO 50001:2011 Environmental Issues Fire Precautions and Fire Protection Fire Risk Management Food Hygiene Rating Scheme Food Safety and Workplace Catering Hazardous Waste Management Landfill Legal Duties and Liabilities for Health and Safety at Work Manual Handling Risk Assessment Safety Culture Slips, Trips and Falls Waste Legislation in the UK WEEE and RoHS Regulations Working at Height Working with Contractors Workplace Environment

10 Compliance support Over 80,000 documents from over 800 sources 60% paid for Up to date information from HSE, legislation and key trade bodies Bookmarking function acts as a legal register facility

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12 Current Awareness Barbour ensures the organisation is ahead of the game Our editors review all consultations, legislation, guidance, case law, research reports, prosecutions and summarise providing access to:- Alerts where the subject matter is time sensitive A weekly briefing covering all new material

13 Customer Testimonial

14 Health and Safety Executive Post Webinar Complete post event survey Request your CPD Certificate Register for an on-line demo of Barbour Service including the Fire Safety supplement All delegates will receive an on-demand version of today's webinar

15 Today s Health and Safety Presenter Executive Howard Passey Commercial Director FPA While working for Ove Arup and Partners, Howard trained formally as a land surveyor, following which he spent eight years in the construction industry working for two main contractors progressing from a position of engineer to site manager. Howard joined the Fire Protection Association in April 1992 as a Training/Information Officer. Currently holding the position of Commercial Director he is primarily responsible for the Training, Membership, Publications and Fire Advisory Services functions.

16 Fire Risk Assessment & the Competent Person Howard Passey BEng(Hons) MIFireE MIFSM Director

17 Fire Protection Association UK s National Fire Safety Organisation Established 1946 Not for profit business Activities:- Training including e-learning ( Publications and DVDs including streaming ( Consultancy including Fire risk assessments and Risk management surveys Insurer research & publications ( Fire Risk Management journal for Members ( Experimental research, small and large scale Main website

18 Responsibility for fire safety

19 However, the message is much the same That any fire-risk in a premises must be managed, for the life of the building Therefore the Responsible Person / Duty Holder must ensure that a suitable and sufficient fire risk assessment is carried out and maintained and that appropriate control measures are implemented But, who is responsible?

20 The legislation Meaning of responsible person 3. In this Order responsible person means (a) in relation to a workplace, the employer, if the workplace is to any extent under his control; Risk assessment 9. (1) The responsible person must make a suitable and sufficient assessment of the risks to which relevant persons are exposed for the purpose of identifying the general fire precautions he needs to take to comply with the requirements and prohibitions imposed on him by or under this Order.

21 The legislation 5. Duties under this Order (3) Any duty imposed by articles 8 to 22 on the responsible person in respect of premises shall also be imposed on every person, other than the responsible person who has, to any extent, control of those premises so far as the requirements relate to matters within his control. (4) Where a person has, by virtue of any contract or tenancy, an obligation of any extent in relation to (a) the maintenance or repair of any premises, including anything in or on premises; (b) the safety of any premises, that person is to be treated, for the purposes of paragraph (3), as being a person who has control of the premises to the extent that his obligation so extends.

22 What does this mean in practice? If you are involved in provision, maintenance or management of fire safety at any level then you share liability for its usefulness and its operation when it s needed in fire, and that liability will still be there in the event of a court case. I place the order; it is not my responsibility to install the works If it is your responsibility to appoint a fire risk assessor or specify a system, materials and/or appoint the installation contractor, it is also your responsibility to ensure that they can prove competency for the work they are undertaking. It s no longer simply a duty of care or voluntary it s a legal obligation.

23 2 Pubs Hotel rooms above 1 x 9 rooms 1 x 6 rooms

24 The inspection by F&RS Common sense breaches Prohibition of 2 nd and 3 rd floors.. Locked exits Blocked staircases Non maintained fire alarm Non maintained extinguishers! Non maintained emergency lighting

25 Why Prosecute? Risk assessor competency? Common sense breaches for owner?

26 The result Mr David Liu Responsible Person 8 months imprisonment (due to early guilty plea) (Precedent set at 12 months) 15,000 Mr John O Rourke Fire Risk Assessor 8 months imprisonment (due to early guilty plea) 5,862

27 Advice from the prosecutor Know the legislation Know the guidance documents Qualifications/ Training / CPD Competency Beware of precedents/templates Be premises specific Keep up to date Experience

28 Analysis of 100 prosecutions From May 2007 With kind permission of Warren Spencer and IFSEC Global

29 Analysis of 100 prosecutions From May 2007 North west of England only Out of 100 cases, conducted only 3 trials All 3 found guilty Conclusion, most defendants pleaded guilty 5 cases withdrawn by prosecuting authority In 2, guilty plea entered by another defendant in respect of same premises In one other defendants company had changed names and been wound up In two other cases defendants disappeared. Warrants await!

30 Analysis of 100 prosecutions From May % of defendants pleaded guilty Conclusion well prepared prosecutions 28% involved HMOs 21% involved premises containing multiple occupation including living accommodation Therefore almost half of the prosecutions involved some form of domestic premises County councils prefer to leave prosecutions in HMOs to F&Ras rather than using powers under Housing Act Legal uncertainty surrounding extent and application of RRO to HMOs

31 Analysis of 100 prosecutions From May 2007 Charges varied but, 85% charges included alleged breach involving FRA 60% involved lack of fire alarm or working fire alarm Next most common lack of appropriate fire doors

32 Analysis of 100 prosecutions From May 2007 Sentences varied, Fines being main punishment (magistrates sentencing powers are limited to fines) Defendants can only be fined in accordance with their means (companies usually in proportion to profits) Total fines handed out 427, ,339 costs 6 sentences of imprisonment 4 suspended 2 immediate imprisonment Community orders, (curfews) and unpaid work

33 Enforcement examples Company When Fine + Costs Why Tesco Apr k Inadequate FRA, blocked escape routes, inadequate fire separation Shell Lillie House June 2009 June k Blocked routes, blocked exits, defective fire doors, excessive fire load, FRA not updated since 2003 and actions not implemented 45k + 6 months Serious fire safety failings leading to prohibition of use of the premises (breached twice) New Look Nov k Alarm was silenced during a fire and customers and staff allowed to re-enter Belfry Hotel Oct k Inadequate alarm, faulty detectors, substandard exits, lack of staff training

34 Competent Persons The Responsible Person must. Take measures for fire-fighting in the premises, and; nominate competent persons to implement those measures Establish and give effect to procedures to be followed in the event of serious and imminent danger; and nominate a sufficient number of competent persons to implement those procedures Appoint one or more competent persons to assist in undertaking the preventive and protective measures. Competent? preventive and protective measures means the measures which have been identified by the responsible person in consequence of a risk assessment as the general fire precautions he needs to take to comply with the requirements of this Order Sufficient training and experience or knowledge and other qualities

35 Fire Risk Assessment Competency Council

36 The FRACC criteria... An understanding of the relevant current best fire safety practices in premises of the type in question; An awareness of the limitations of the fire risk assessor s own experience and knowledge; A willingness and ability to supplement existing experience and knowledge, when necessary, by obtaining external help and advice.

37 An appropriate knowledge of... Assessment of risk from fire Applicable legislation Appropriate guidance Behaviour of fire in premises Means of Escape Effects of fire on people and their behaviour Fire Prevention Fire Protection Management of fire safety

38 What is an Appropriate level of knowledge?

39 BS9999: 2008 Code of practice for fire safety in the design, management and use of buildings states The later installation of electrical and IT cable systems, building service pipe work, for example, often causes significant damage to the usefulness of fire compartments in buildings..cold work checking can be as important as control of hot work permits for work on buildings

40 PAS 79 Fire development and spread can be passively limited by fire protection measures, such as fire resisting walls and floors, which can be used to subdivide the building into a number of separate fire compartments.. It will often be relevant, therefore, for the fire risk assessor to take account of such fire-resisting construction and to consider its maintenance [e.g. the adequacy of fire stopping ], often by inspecting sample areas of construction.

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43 What is appropriate?

44 Endoscopy r.zip

45 Modular construction

46 Structural insulated panels (SIPs) cellular plastics extruded polystyrene (XPS) sprayed polyurethane foam (SPF) polyisocyanurate (polyiso) insulation moulded expanded polystyrene (EPS)

47 Insulating concrete forms (ICF)

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49 Hemcrete Timber Sheep wool insulation

50 What is appropriate?

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52 Engineered solutions

53 In summary Assessor must be competent Varies with the circumstances If using an external consultant, ensure they are members of a recognised register Avoid the use of checklists other than for the simplest, and low risk of circumstances Use an appropriate template/proforma Record the assessment Keep the assessment under review

54 Some numbers Over 100 training providers offering FRA training.. Varying standards The FPA successfully trained in the region of 800 FRAs in the last 12 months and we are just one provider Four main Fire Risk Assessor Registers (albeit with more to come via BAFE SP205)

55 Fire Risk Assessor Registers... Organisation Application Cost Interview Fee Renewal fee Current Registrants IFE 127/ / 305 IFSM 650/ 400 No info No Info Warrington IFPO 185/ / / 300 NSI companies

56 Fire Risk Assessment & the Competent Person Thank You For more information visit..

57 Question & Answer session Contact Barbour: See the Barbour service via a free on-line demonstration Call or visit