Most fires are preventable. Employers and those responsible can avoid fires by adopting the best practice fire safety management behaviours and procedures and taking responsibility for fire safety.
In this article, we look at employers’ legal responsibilities for workplace fire safety, the role of the responsible person, the importance of fire risk assessments, and the penalties and enforcement actions businesses may face for non-compliance with fire safety laws.
In England and Wales, the Regulatory Reform (Fire Safety) Order 2005 (RRFSO) is the current legal requirement for fire safety.
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.
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.
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.
Active fire protection systems typically involve items such as:
Passive fire protection systems typically involve items such as:
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the premises, organisation, or activities, or if there is a reason to suspect that the fire risk assessment in place is no longer valid, such as following a fire.
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.
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.
The level of detail in any fire risk assessment will depend to a large extent on the complexity of the building.
Whilst every assessment is different, Avensure will typically check and review the following fire risk and fire prevention factors as part of every visit:
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…
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.
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
Penalties, enforcement, and appeals…
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:
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.
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.
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:
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!
Fire safety management comprises implementing appropriate procedures to prevent fire risks, preparing emergency response plans, ensuring suitable maintenance of fire safety equipment, managing fire drills, and training personnel. A robust fire safety management structure protects lives, property, and the environment from fire-related hazards using proactive and reactive strategies.
As a UK business owner, you are responsible for ensuring workplace safety by conducting risk assessments, providing employees with appropriate training, maintaining safety equipment, and ensuring compliance with Health and Safety (HSE) workplace fire safety regulations. You must also report workplace incidents, provide appropriate first aid, and ensure employees’ health, safety, and welfare according to the Health and Safety at Work Act 1974.
Northern Office:
Avensure Ltd
4th Floor, St John’s House
2 – 10 Queen Street
Manchester, M2 5JB
Avensure Ltd
Longcroft House
2-8 Victoria Avenue
London, EC2M 4NS
Copyright © 2024 Avensure | All Rights Reserved. Registered in England and Wales under Company No: 07850609 at registered address: Avensure Ltd, 4th Floor, St John’s House 2 – 10 Queen Street, Manchester, M2 5JB. Avensure Ltd (Tel: 0330 100 8705) is authorised and regulated by the Financial Conduct Authority under reference number 783702. This can be checked on the Financial Services Register by visiting their website www.fca.org.uk/register