Fire Safety Management at Work: Employer’s Legal Obligations

What law covers fire safety in England and Wales?

In England and Wales, the Regulatory Reform (Fire Safety) Order 2005 (RRFSO) is the current legal requirement for fire safety.

What is the role of the ‘responsible person’?

Fire Safety Legislation imposes a duty on the ‘Responsible Person’ (typically the employer or landlord) to undertake general fire precautions to ensure as far as reasonably practicable the safety of their employees and other relevant persons while they are in, on, or within proximity to those premises.

In line with fire safety laws, every business and block of flats must have a designated ‘Responsible Person’, accountable for fire safety.

Do employers have to carry out a fire risk assessment?

An employer with control to any extent of the workplace has fire safety duties on those premises and must carry out a fire risk assessment to protect life.

The responsible person must make a suitable and sufficient assessment of the fire risks to which relevant persons are exposed to identify the general fire precautions necessary to protect them.

What general fire precautions do employers need to think about?

General fire safety management will usually comprise a combination of passive and active fire protection measures; these must be supported by an adequate fire safety management structure and detailed procedures dealing with planned maintenance testing and emergencies.

What are active and passive fire protection systems?

Active fire protection systems typically involve items such as:

• Fire Detection
• Emergency Lighting
• Fire Extinguishers
• Smoke Control / Fire Suppression

Passive fire protection systems typically involve items such as:

• Means of Escape
• Structural Fire Protection / Fire stopping
•  Fire safety signage

How do you conduct a fire risk assessment?

Fire Risk Assessments must follow Article 9 of The Regulatory Reform (Fire Safety) Order 2005 and follow industry guidance concerning fire safety management documentation (including documents such as PAS 79). Fire Safety Legislation requires that fire risk assessments be reviewed ‘regularly’.

There is a further need to review fire risk assessments if there is a significant change to the premises, organisation, or activities, or if there is a reason to suspect that the fire risk assessment in place is no longer valid, such as following a fire.

What’s the purpose of a fire risk assessment in the workplace?

The purpose of the Fire Risk Assessment is to identify where very limited or no controls might be in place, which might constitute significant breaches of H&S/fire safety legislation.

Without remedial action, these breaches could increase the potential risk to the organisation in terms of personal injury, civil or criminal litigation and improvement or prohibition notices being served by the enforcing authorities.

What are the responsibilities of the ‘responsible person’?

It is the designated Responsible Person’s job to ensure the relevant duties are carried out in line with fire safety legislation and action is taken to prevent fires from happening, and also to prevent injury or death if a fire does occur. If you are a small business owner, you are generally the Responsible Person for those premises, unless you have nominated someone else within the organisation. In a block of flats or tower block, the Responsible Person is typically the landlord or managing agent.

• It is the Responsible Person who should make sure that the premises have a valid Fire Risk Assessment.
• If the building does not have a valid Fire Risk Assessment, then the Responsible Person should be informed of the need to have one carried out as soon as possible

The level of detail in any fire risk assessment will depend to a large extent on the complexity of the building.

What are the key components of a fire risk assessment?

Whilst every assessment is different, Avensure will typically check and review the following fire risk and fire prevention factors as part of every visit:

1. The use, layout, and construction of the building
2. The number and nature of occupants, including any vulnerable occupants
3. Electrical equipment on site which could be a source of ignition
4. Smoking areas and measures are taken to prevent smoking from causing fires
5. Defence against arson
6. Portable and installed heating devices which may trigger fires
7. Protection against fires caused by lightning
8. General housekeeping & keeping key areas clear of combustible materials
9. Any fire hazards introduced by building works or outside contractors
10. The storage arrangements for any dangerous/flammable liquids
11. The configuration of escape routes and how they are maintained
12. Measures in place to limit fire spread, such as compartmentalisation
13. That emergency lighting is installed correctly & is in working order
14. The correct use and location of fire safety signage
15. There is adequate means of raising the alarm in case of fire
16. The correct installation and maintenance of fire extinguishers / are they in the right locations
17. Who manages fire safety for the building, and how effectively
18. Whether there are regular fire safety training & evacuation drills
19. Correct maintenance and testing procedures of fire safety systems are in place
20. That correct documentation and records of fire safety measures are being kept up to date

What is a ‘competent person’ when it comes to fire risk assessments?

Legal guidelines state that a fire risk assessment can be carried out by a ‘competent person’. Whoever carries out the fire risk assessment should be comfortable assessing the relevant premises against all of the factors listed above.

While some responsible persons (business owners) can handle the assessment themselves, others cannot, especially on complex premises. It’s risky to do something like this when it is outside your expertise.

That’s why choosing a competent fire risk assessor is crucial, to enable you to fulfil your responsibilities in fire safety legislation through expert support.

That’s where we can help…

How can Avensure Help with Fire Risk Assessments?

Our network of nationwide fire risk assessors can help you avoid costly mistakes and oversights that could endanger your workers, residents, the general public or property, harming your business’s reputation or worse.

An expert risk assessor will visit your premises, identify any fire hazards, explain the fire risks, and produce a bespoke fire risk assessment with recommendations to eliminate or reduce the fire risk to your business.

 Book a fire risk assessment through Avensure!

Fire safety laws make it mandatory…but you don’t have to do it alone!

Are you confident in your fire risk assessment’s validity, or do you not even have one in place?

Please get in touch with an advisor if you want to book a fire risk assessment

Here’s how we do it…

• An experienced fire risk assessor will visit your premises
• Identify any fire hazards
• Explain the fire risks
• Produce a bespoke fire risk assessment
• Give recommendations to eliminate or reduce the fire risk

Penalties, enforcement, and appeals…

Penalties

You could be fined or imprisoned if you do not follow fire safety regulations.

Failure to comply with fire safety regulations can result in fines or imprisonment. Minor penalties can be as high as £5,000, while major penalties include unlimited fines and up to 2 years in prison.

Starting from 1 October 2023, unlimited fines can be imposed for the following offences:

• Intentionally impersonating an inspector
• Failing to comply with specific requirements imposed by an inspector without a reasonable excuse (e.g., not providing a fire risk assessment when requested)
• Failing to comply with requirements related to the installation of luminous tube signs

Section 156 of the Building Safety Act enhances the importance of Article 50 guidance. Courts may consider compliance with Article 50 guidance when determining breaches of the Fire Safety Order.

Enforcements

An increase to HSE’s recovery rates from 1 April 2024

Starting 1 April 2024, the HSE’s hourly recovery rate under the Fee for Intervention (FFI) scheme will rise from £166 to £174.

Businesses breaching health and safety laws will be charged at the new rate. Compliant businesses will not incur any fees for HSE’s regulatory activities.

Local fire and rescue authorities enforcement

Fire safety legislation states local fire and rescue authorities inspect premises to ensure appropriate fire risk assessments and fire prevention measures are in place. They can also take action if they think your fire safety measures are inadequate.

They can take the following actions if fire safety measures are deemed inadequate:

• Informal Notice: Suggests safety improvements
• Formal Fire Safety Notice: Specifies problems and how to fix them

Types of Notices:

• Alterations Notice: Issued if premises have high safety risks or could develop high safety risks due to changes in use.
• Enforcement Notice: Issued for serious unmanaged risks, detailing required improvements and deadlines.
• Prohibition Notice: This takes immediate effect if the fire risk is deemed so severe that access to the premises needs to be restricted or prohibited.

Appeals

If you disagree with a fire safety notice, you may request an informal review by the fire and rescue authority. You can also appeal to your local magistrates’ court within 21 days of receiving a notice. In certain situations, both parties can request a ‘determination’ from the Home Secretary to resolve disputes.

Need Support with Your Fire Safety Management Structure in the Workplace?

A fire risk assessment is a legal requirement under the Regulatory Reform (Fire Safety) Order 2005 for all UK businesses. Non-compliance risks lives, business reputation and survival, property, and equipment, with potentially unlimited fines, and imprisonment for negligence in this area.

Don’t take risks with fire safety. Book your fire risk assessment through Avensure today!

Please get in touch with an advisor if you want to book a fire risk assessment

To find out how our Health & Safety protection service can help you manage your responsibilities and mitigate the consequences of non-compliance, get in touch with our expert H&S team today by visiting Avensure Contact!