Every year people die or are badly injured because a proper fire risk assessment was not done at their workplace. A lot of fires can be avoided by practicing safety measures. A new set of laws introduced in England, Scotland and Wales in October 2006 has replaced most fire safety legislation. Anyone who has some control over premises must take practical steps to ensure safety by doing a fire risk assessment so that people can easily escape in the event of a fire.

Your bosses will probably answer yes when asked if they have pre-planned a fire emergency with the local fire brigade, often adding that the fire officers walks through their premises on a regular basis, or that they have a first-rate relationship with the fire brigade. This does not automatically show that a suitable level of preparedness exists.

A proper fire risk assessment must contain the following information:

• Name and address of premises
  
• Use of premises
  
• Proprietor/employer/person(s) in control of the workplace
  
• Telephone number
  
• Date of risk assessment
  
• Date of review
  
• Name and pertinent information (including competency level) of the person who carried out the fire risk assessment

The purpose of this legislation is to place responsibility on the employer to make sure that the fire precautions are satisfactory for their particular workplace. Under the regulations employers have a legal duty to carry out regular fire risk assessments of the workplace if one or more persons are employed. Although the Workplace Regulations are taken into account during the Building Regulations approvals process, this legislation recognises that the risk of fire inside the building is dependent upon the activities or work practices that are set up when it is occupied.

First Line Of Defence

The new legislation will put more weight on fire prevention through effective risk management in all non-domestic premises. The person in control of the premises will be designated the “responsible person,” on whom the responsibility for meeting the terms of the law will rest, and fire certificates will be abolished. Key points:

• Organisations will be expected to play a greater part in the management of fire risks
  
• The prevention, detection and control of fire will now take on a risk-based approach
  
• Fire certificates will be abolished and will stop having legal status
  
• The task of ensuring compliance will fall on a “responsible person” aided by “competent persons”
  
• Eleven types of premises/work locations, for example educational institutions, theatres and cinemas, offices, residential care homes, etc. already have detailed guidance available on fire safety and risk assessment available to them.

If the worst occurs and someone is killed or hurt a successful lawsuit can be brought against the employer if an assessment has not been done. Employing an external company to do your risk assessment sends a clear sign to any third party that the employer or property manager has taken their responsibilities seriously. It also gives the employer the comfort of knowing that a qualified organisation is providing the right answers to their problems.

Penalties

For failure to comply with the Workplace Regulations and carry out a fire risk assessment the employer may be liable to the following:

• On summary conviction £5000 maximum statutory fine and/or 2 years imprisonment for each offence below:
  - Failure to comply with fire safety duties
  - Failure to comply with an enforcement notice
  - Failure to comply with a prohibition notice
  
• Statutory fine level 5 for each offence below:
  - Making false records
  - Giving false information
  - Obstructing an inspector in the performance of his or her duties.