Module 2 Learning Outcome

In common with other UK health and Safety legislation, Fire safety legislation takes a risk-based approach.

  • The regulatory Reform (fire Safety) Order 2005 deals with fire safety in non-domestic premises.
  • The Construction Design and Management Regulations 2015 deals with fire safety where construction work is involved.
  • The Management of Health and Safety at Work Regulations 1999 deal with more general health and safety risks, including those presented by Fire.

We will now look at these regulations in more detail.

The Regulatory Reform (Fire Safety) Order 2005 (RRFSO) abolished the concept of fire certificates and instead changed the focus towards one of fire prevention through the introduction of a general duty to ensure, so far as reasonably practicable, the safety of employees and non-employees.

The RRFSO contains a duty to conduct fire risk assessments that should consider the safety of both employees and non-employees.

The duties in the RRFSO are placed on a ‘responsible person’. The responsible person is either:

  • The employer in a workplace, to the extent that they have control
  • The owner of the premises
  • Any other person who has control over the premises

There can be more than one responsible person in a location. For example, where tenancy or contractor agreements are in place between parties.

In such circumstances, the affected responsible persons should clarify the division of responsibility between themselves.

The RRFSO requires the responsible person(s) to take appropriate general fire precautions to protect employees and non-employees and to ensure the premises are safe.
We will look at these fire precautions in more detail in Module 4 ‘Fire Safety Arrangements’.
The RRFSO does not cover domestic, premises, offshore installations, a ship, agricultural or Forestry operations (but it does cover the buildings), means of transport, a mine (it does cover the buildings at the surface) or borehole sites. Alternative provisions cover premises such as sports grounds.

The RRFSO requires employees to take care of themselves and others.

Employees must cooperate with their employer and inform them of:

  • Any situation which could present serious or imminent danger
  • Any shortcomings in fire protection arrangements

Construction Design and Management Regulations 2015 (CDM) contain requirements for fire risk management when construction work is being performed.

CDM contains requirements relating to:

Fire detection and Firefighting–

where identified by risk assessment, suitable and sufficient fire-fighting equipment and fire detection and alarm systems must be provided and located in suitable places.

The arrangements must be:

-easily accessed unless they are automatic

– Maintained, examined and tested to ensure they are effective

-Identified by signs

Everyone will require training in the operation of fire equipment that they are likely to use.

Where there is a particular risk of fire, people will need to be instructed before starting work.

  • Emergency procedures

 suitable procedures need to be established for:

-raising an alarm

– evacuation

-Familiarisation of workers

-Testing of the arrangements

  • Emergency routes and exits-

A sufficient number of emergency routes and exits must be provided and they must be:

-direct as possible to an identified safe place

-kept clear and free of obstruction

-provided with emergency lighting as necessary

-Suitably signed

In addition to the specific requirements in RRFSO and CDM relating to fire, the Management of Health and Safety at Work Regulations 1999(MHSWR) deal more generally with health and safety hazards and risks encountered in the workplace and resulting from work activities.

The regulations require duty holders to identify such hazards and to control the risk they present to protect employees and non-employees.

Risk assessments produced in accordance with MHSWR should consider the risks that fire presents and the control measures that should be put in place to control the risk.

For example, someone using oxy-acetylene to weld a joint will need to take into consideration the risks that the activity will present. They will also need to consider what controls need to be put in place to mitigate the risk.