The new fire regulations - more demands on the employer? The Regulatory Reform (Fire Safety) Order 2005

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1 The new fire regulations - more demands on the employer? The Regulatory Reform (Fire Safety) Order 2005 Adair Lewis BSc CEng FIFireE CPhys MInstP CChem MRSC Technical Manager The Fire Protection Association Protecting people, property and the environment

2 The problem 1956 Keighley Mill: 8 dead 1960 Hendersons Department Store Liverpool: 11 dead 1961 Top Storey Club Bolton: 19 dead 1969 Rose & Crown Saffron Walden: 11 dead 1985 Bradford City FC: 56 dead Factories Act 1961 Offices, Shops and Railway Premises Act 1963 Licensing Act 1964 Fire Precautions Act 1971 Fire Safety & Safety of Places of Sport Act 1987

3 The current situation The National Health Service & Community Care Act The Environment & Safety Information Act The Fire Precautions Act The Building Act The Gaming Act The Management of H&SAW Regulations The Fire Precautions Sub-Surface Railway Regulations The Health & Safety at Work etc Act The Licensing Act The Fire Precautions Workplace Regulations Numerous Local Acts The Safety of Sports Grounds Act The Fire Certificate (Special Premises) Regulations The Local Government Miscellaneous Provisions Act The Fire Safety and Safety of Places of Sport Act

4 Why are changes needed? Fire safety provision is scattered among many different pieces of legislation. It is sometimes inconsistent and can be difficult to understand Employers have a duty of care for their staff under existing health and safety legislation

5 Principal existing fire safety legislation (1) Under the Fire Precautions Act 1971, the use of certain types of premises were designated by the Secretary of State as requiring a fire certificate. Two designating orders were introduced: Fire precautions (Hotels and Boarding Houses) Order 1972 The Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 1989

6 Principal existing fire safety legislation (2) The Fire Precautions (Workplace) Regulations 1997 as amended 1999 require employers and others to carry out a fire risk assessment

7 As amended The Fire Precautions (Workplace) Regulations 1997 as amended by The Fire precautions (Workplace)(Amendment) Regulations 1999 as amended by The Dangerous Substances and Explosive Atmospheres Regulations 2002 as amended by The Management of Health and Safety at Work and Fire Precautions (Workplace) (Amendment) Regulations 2003

8 Fire Precautions (Workplace) Regulations 1997 as amended 1999 This legislation requires employers to: carry out a fire risk assessment identify the significant findings of the risk assessment provide and maintain such fire precautions as are necessary to safeguard those who use the workplace provide information, instruction and training to employees about fire precautions

9 What are the new regulations? The Regulatory Reform (Fire Safety) Order 2005 Coming into force on 1 st October 2006 (?)

10 The European influence Allows the Secretary of State to make regulations and approved codes of practice HEALTH & SAFETY AT WORK ACT 1974 Describes broad standards of health and safety at work THE MANAGEMENT OF HEALTH AND SAFETY AT WORK REGULATIONS 1999 These regulations required people to undertake health and safety risk assessments of their workplace EUROPEAN COMMUNITIES ACT 1972 Allows the Secretary of State to make regulations One such set of regulations was the: FIRE PRECAUTIONS (WORKPLACE) REGULATIONS 1997 These regulations amended the Management of Health and safety at Work Regulations, so that not only did they call for a health and safety risk assessment to be carried out, but they called for a fire safety risk assessment to be carried out as well. These regulations describe the broad standards of fire safety which must be achieved in workplaces, but the requirement to use risk assessment to identify the specific need for fire safety comes from the Management of Health and safety at Work Regulations 1999 Fire Safety An Employer s Guide is a guide which explains how to use risk assessment to meet the standards of the Workplace Regulations

11 What is the stated purpose of the new legislation? To amend various Acts and Statutory Instruments to simplify, rationalise and consolidate the law with respect to fire safety in buildings in use This will make it easier for businesses to understand and local fire authorities to enforce

12 Legislation to be revoked Fire Precautions (Workplace) Regulations 1997 as amended 1999 Fire Precautions Act 1971 Fire Certificate (Special Premises) Regulations 1976

13 Examples of other legislation to be amended include Fire Safety and Safety of Places of Sport Act 1987 Construction (Health, Safety & Welfare) Regulations 1995 Licensing Act 2003 Celluloid and Cinematograph Film Act 1922 Pet Animals Act 1951 Marriages (Approved Premises) Regulations 1995 Gaming Act 1968 Food Act 1984

14 Who will this new legislation affect? The new fire safety regime will cover virtually all workplaces and places to which the public have access - but not domestic premises

15 Specific exempt premises Domestic premises Offshore installations Ships Fields and woods Aircraft, locomotive or rolling stock used as a means of transport Mines

16 The changes The main emphasis of the change is selfregulation (which continues the trend set by the Fire Precautions (Workplace) Regulations) Fire certificates will be abolished and will cease to have legal status Under the RRO the Responsible Person for each premises will be required to carry out a fire risk assessment and take steps to reduce or remove the risk

17 Who is the Responsible Person? The employer (where there is one) Otherwise: The person in control of the premises in connection with the carrying on of a trade, business or other undertaking (for profit or not) The owner Any other person who to any extent exercises control over the place

18 How to comply The easiest way that employers can ensure they are ready for the changes is to ensure that they are complying with the current Fire Precautions (Workplace) Regulations The basic requirements of these current regulations are going to be carried forward into the new order

19 The Responsible Person The Responsible person must: Appoint at least one Competent Person as Safety Assistant Ensure that the Competent Person has sufficient training and experience or knowledge and other qualities to properly assist in undertaking the prevention and protection measures Ensure there are sufficient numbers of them and they have sufficient time to do the job

20 The Competent Person The Competent Person: Should be an employee If not an employee they must be provided with all relevant information Should have sufficient training and experience or knowledge and other qualities to enable him properly to implement the measures

21 The fire risk assessment Must be a suitable and sufficient assessment of the risks It must include certain pieces of prescribed information, which include: Significant findings, including measures which have or will be taken to reduce or manage risk Any group of persons identified as especially at risk Written records of the fire risk assessment must be kept for enterprises with five or more employees

22 Other prescribed duties measures to be considered include Fire safety arrangements Elimination or reduction of risks from dangerous substances Firefighting and fire detection Emergency routes and exits Procedures for serious and imminent danger and danger areas Maintenance Provision of information and training for staff and contractors

23 Measures to be considered also include Provision of cut-off switches for luminous tube signs Maintenance of measures provided for protection of fire fighters

24 Fire risk assessment review The risk assessment will need to be reviewed and updated regularly particularly if it is no longer valid or significant changes have been made to: The layout of the premises The work processes The number or abilities of the people present The management of the organisation

25 Keeping up to date

26 Competency Fire risk assessment must be suitable and sufficient Safety Assistants must be competent Risk assessment is, in essence, an easy principle to understand, identify the hazard, eliminate, reduce and/or manage the hazard and assess the level of risk the residual hazard presents But how many of us have the relevant levels of knowledge and experience to be able to assess hazards from a fire safety perspective?

27 Options Use published guidance and checklists ODPM Local fire authorities PAS79 from BSI (maybe not suitable for the uninitiated) Train relevant staff Employ a consultant Reputable company/individual with experience of relevant industry sector Institution of Fire Engineers Register of fire risk assessors and auditors (

28 Who will enforce the new fire safety order? Local authority fire brigades - most workplaces HSE - nuclear installations, ships and construction sites Local authority designated sports grounds and regulated stands HSE / Office of Rail Regulation

29 Frequency of inspection Visits to premises will be undertaken on a risk-based approach, ie high-risk premises will be visited more frequently Premises may be deemed high risk because they are poorly constructed, poorly managed or have poor fire prevention and protection measures, or because they incorporate a number of high fire hazards (such as a basement night club)

30 How will the Order be enforced? Alterations notices Enforcement notices Prohibition notices Duty to consult (eg fire authorities and licensing authorities)

31 Contraventions Minor contravention: Fire Authority issue an enforcement notice It is an offence for a person to contravene any requirement imposed by an enforcement notice.

32 Contraventions Serious cases : A prohibition notice may be served. A person can be taken to court and found guilty of an offence. But the failure must place one or more employees at risk of death or serious injury in case of fire; and that failure must be intentional or due to his being reckless.

33 Contraventions An alterations notice may be served if the premises: constitute a serious risk to relevant persons (whether due to the features of the premises, their use, any hazard present, or any other circumstances); or may constitute such a risk if a change is made to them or the use to which they are put.

34 New powers Entry and inspection all or part To make enquiries To require extracts of records To investigate fires To take samples

35 Compliance ODPM Guidance British Standards Insurer s Recommendations Engineered solutions FPA Publications

36 ODPM guidance The government intends to publish a series of guidance documents There will be separate guides for the following premises: large places of assembly small and medium places of assembly factories and warehouses residential care sleeping accommodation theatres and cinemas educational premises offices and shops outdoor events hospital premises transport network

37 British Standards PAS 79 Fire risk assessments BS 5266: Emergency lighting BS 5306: Fire fighting BS 5499: Fire safety signs BS 5839: Fire detection and alarms BS 7671: Electrical installations

38 Insurers recommendations InFiReS - Insurers Fire Research Strategy: Active working group Passive working group Risk Control working group Security ( IPCRes ) working group

39 Engineered solutions DD240: Fire safety engineering in buildings DD9999: CoP for fire safety in the design, construction and use of premises BRE Fire Safety Engineering a reference guide Other sources

40 FPA Publications Library of Red Books DVDs CD ROMs Fire safety log book Leaflets etc

41 Other sources of advice and information Your local fire authority, eg Fire Protection Association Health and Safety Executive National Community Fire Safety Centre Office of the Deputy Prime Minister

42 Will things be different after implementation? F&RSs are gearing up LEGALLY May be an increase in enforcement activity ODPM will be spending 2.5m on raising awareness Standards of fire safety may benefit

43 Current status Reports suggest that less than 50% of those businesses which currently have a Fire Certificate have carried out a risk assessment Most of them are not even aware of the need for one Fire Certificates are only used when they received the visit

44 Changes in fire cover Fire Cover has not changed significantly for the past 50 years Model is property, not risk based Inflexibility Important risk factors ignored

45 Integrated Risk Management Plans Identify existing & potential risks Evaluate the effectiveness of current arrangements Identify opportunities for improvement, and policies and standards for prevention and intervention Determine resource requirements

46 Protecting people, property and the environment