Prescott gives order to fire

Chris Dyer reports on the Government's proposal to consolidate and rationalise workplace legislation on fire precautions.

For almost 10 years, the Government has been considering the best way to legislate for fire safety. A review in 1993 concluded that the existing approach was outdated, and a public consultation in 1997 found a general desire for the extensive collection of legislation covering fire in the workplace to be simplified. In July 2002, the Office of the Deputy Prime Minister finally published its proposal for a Regulatory Reform Order1 that will repeal or amend more than 80 pieces of existing legislation and bring all workplace fire safety requirements under the scope of one new law.

Existing fire safety legislation has developed piecemeal; it is not always consistent and can be difficult to understand. The proposed reforms, which are now the subject of public consultation, aim to simplify, rationalise and consolidate existing legislation (see box 1). The government believes that the use of a risk-based approach to general fire safety will allow more efficient, effective enforcement by the fire service and other enforcing authorities.

No significant new duties

The proposals affect employers and virtually everyone responsible for non-domestic premises. They will not impose significant additional duties on employers because they recreate existing requirements under the Fire Precautions (Workplace) Regulations 1997, as amended, and the Management of Health and Safety at Work Regulations 1999 (the FPW and MHSW Regulations - collectively known as the "workplace fire precautions legislation", Workplace legislation on fire precautions), or will exist under the forthcoming Dangerous Substances and Explosive Atmospheres Regulations (Health and safety: the state of play).2

Some self-employed people and elements of the voluntary sector will be brought within the regime, but many of these will already be subject to licensing requirements or the HSW Act. Under that Act they are already responsible for the safety of people on their premises; the proposals merely clarify their specific responsibilities in respect of fire.

Currently there are two major pieces of specific fire safety legislation affecting workplaces (see box 2), The Fire Precautions Act 1971 (FP Act) and the FPW Regulations 1997. The overlap in legislation means that in a large number of premises, two separate fire-safety regimes apply, based on different philosophies. The central aim of the prescriptive FP Act is to ensure that, in the event of a fire, the occupants can evacuate the premises safely. The FPW Regulations require employers to identify risks and take steps to remove or reduce them. Some premises are also subject to licensing, certification or registration regimes under which yet more fire-safety requirements will be made.

Fire Precautions Act to go

The proposed Regulatory Reform (Fire Safety) Order will replace the FP Act, the FPW Regulations. and as much of the remaining legislation as is practical. This should remove legislative overlap and bring fire-safety law into one place, enforced, in the main, by fire authorities. Occupiers of premises designated under the FP Act will no longer need to apply for a fire certificate. The proposals apply in England and Wales; the FP Act and the FPW Regulations will remain in force in so far as they apply in Scotland. It will be for the Scottish Executive to propose to the Scottish Parliament any parallel reforms that it considers appropriate.

In order to have one fire safety regime, while continuing to meet European obligations, the new regime will need to be based on the risk assessment principles of the Framework and workplace Directives. But these principles will need to be extended to all occupants of premises, not just employees, if the protection afforded by the FP Act is removed.

The person responsible for complying with the requirements and duties imposed by the Order, the "responsible person", will be the employer for any workplace that is to any extent under its control. Where there is no employer, the responsible person will be the person who has the overall management of the premises (whether this is the occupier or owner of the premises or not) or where there is no one with overall management responsibility the occupier of the premises - or, failing that, the owner of the premises. Where contractors are employed to install, maintain or test fire safety equipment or systems, it will be for the responsible person to ensure that any person employed to carry out this work is competent.

Risk assessment

The responsible person must make a suitable and sufficient assessment of the risks that people are exposed to so as to identify the measures they need to take to comply with the Order.

Where a dangerous substance is present on the premises, the risk assessment must include all the additional relevant factors, including the amount of the substance, its hazardous properties and the circumstances of the work including the work processes.

The assessment must be kept up to date. If there is reason to suspect that it is no longer valid, or the premises, work processes, or organisation of the work has undergone significant change, extension or conversion, and review of the assessment shows changes are required, the responsible person must make the appropriate changes.

The responsible person cannot employ a young person unless a risk assessment is made taking particular account of the special factors applying to young person, as set out in the MHSW Regulations 1999.

The responsible person must record the significant findings of the assessment, including the measures taken to comply with the Order and any group of employees identified as being especially at risk, if:

  • the responsible person has five or more employees;

  • the premises, or people responsible for the premises, are subject to any legislation providing for licensing or certification; or

  • an alterations notice is in force in relation to the premises (see later).

    No new work activity involving a dangerous substance can start until a risk assessment has been made and the measures required by or under the Order implemented. It is for the responsible person to judge what constitutes a new activity, but the critical factor will be whether the risk has changed and the assessment still addresses the risks adequately.

    Ensuring safety

    The responsible person must take all reasonably practicable measures to ensure the premises, all means of access and exit, and any plant or substance are, in the context of general fire safety, safe. Preventive and protective measures must be applied adopting the principles of:

  • avoiding risks;

  • evaluating the risks that cannot be avoided;

  • combating the risks at source;

  • adapting to technical progress;

  • replacing the dangerous with the non-dangerous or less dangerous;

  • developing a coherent overall prevention policy that covers technology, organisation of work and the influence of factors relating to the working environment;

  • giving collective protective measures priority over individual protective measures; and

  • giving appropriate instructions to employees and other persons on the premises.

    The responsible person must make appropriate arrangements for the effective planning, organisation, control, monitoring and review of the preventive and protective measures, taking account of the size and nature of activities in the undertaking. These arrangements need to be recorded according to the same criteria set out for the risk assessment.

    Arrangements include everything needed to comply with the Order, such as appointing employees to various functions, establishing emergency procedures or displaying fire action notices.

    DANGEROUS SUBSTANCES

    Where it is reasonably practicable, a dangerous substance must be replaced by a substance or process that either eliminates or reduces the risk. Otherwise, measures consistent with the risk assessment and appropriate to the nature of the activity or operation should be applied. Measures include:

  • reducing the quantity of dangerous substances to a minimum;

  • avoiding or minimising the release of a dangerous substance;

  • controlling the release of a dangerous substance at source;

  • preventing the formation of an explosive atmosphere, including the application of appropriate ventilation and ensuring any release of a dangerous substance that may give rise to risk is suitably collected, safely contained, removed to a safe place, or otherwise rendered safe, as appropriate;

  • avoiding ignition sources, including electrostatic discharges;

  • avoiding other adverse conditions that could result in harmful physical effects from a dangerous substance; and

  • segregating incompatible dangerous substances.

    The responsible person must take measures to mitigate the detrimental effects of a fire. Where dangerous substances are present, these will include:

  • minimising the number of persons exposed;

  • measures to avoid the propagation of fires and explosions;

  • providing explosion pressure relief arrangements;

  • providing explosion suppression equipment;

  • providing plant that is constructed to withstand the likely pressure of an explosion; and

  • providing suitable personal protective equipment (PPE).

    Where several risks result from the presence of dangerous substances, the protective measures must be appropriate to the greatest potential risk. Safe handling, storage and transport of dangerous substances and waste containing dangerous substances must also be arranged.

    Firefighting and detection

    Where necessary to ensure people's safety in case of fire (whether because of the features of the premises, the activity carried on there, any hazard present or any other relevant circumstances) the responsible person must ensure that:

  • the premises are equipped with appropriate firefighting equipment, fire detectors and alarms; and

  • any non-automatic firefighting equipment is easily accessible, simple to use and indicated by signs.

    What is appropriate will depend on the dimensions and use of the premises, the equipment contained on the premises, the physical and chemical properties of the substances likely to be present as well as the maximum number of people likely to be present at any one time.

    Where necessary, the responsible person must:

  • take measures for firefighting in the premises, adapted to the nature of the activities carried on there and the size of the undertaking and of the premises concerned;

  • nominate employees to implement those measures and ensure that the number of these employees, their training and the equipment available to them are adequate; and

  • arrange any necessary contacts with external emergency services, particularly with regard to rescue work and firefighting.

    The actual purpose that firefighting equipment is provided for has never been clearly defined. The FP Act contains requirements for firefighting equipment, but is primarily concerned with the safe evacuation of occupants of a building. Theoretically, someone could notice a fire in a waste paper basket, leave the room and warn other occupants to evacuate the building, leaving the fire to spread. Assuming the fire precautions were adequate, everyone would escape safely.

    The proposed Order takes the common sense view that extinguishing the fire at source must reduce the risk to life in case something goes wrong. The Order makes it clear that firefighting equipment should be considered as a possible means of reducing a risk of fire spreading, providing protection and for providing assistance to others, and not merely as a way of safeguarding the means of escape. It should also be considered as a possible means of mitigating the detrimental effects of a fire. In most places, firefighting equipment already exists for the purposes outlined above.

    Emergency routes and exits

    Routes to emergency exits and the exits themselves must be kept clear at all times and should lead as directly as possible to a safe place. It should be possible for people to evacuate the premises quickly and safely; the number, distribution and dimensions of emergency routes and exits should be adequate, taking into account the use, equipment and dimensions of the premises and the maximum number of people likely to be present. Other requirements in the Order deal with the nature of the exit doors, signage and lighting.

    Maintenance

    The responsible person must ensure the premises and any equipment provided in connection with firefighting, fire detection or emergency routes and exits are covered by a suitable maintenance system and are maintained in an efficient state, in efficient working order and in good repair. This applies to facilities provided to meet the requirements of the Order or any other legislation, including legislation repealed or revoked by the Order.

    The Order adopts the position that fire precautions should take account of the need to keep to a minimum the risk to firefighters who may have to enter a burning building. Consequently, in addition to maintaining the measures outlined above, a new duty is imposed on the responsible person to maintain any facilities that have been provided under the Building Regulations for the use and protection of firefighters.

    Safety assistance

    The responsible person must appoint one or more competent persons to assist adequately in undertaking the measures needed to comply with the Order. The responsible person must arrange adequate cooperation between them and ensure that they have adequate time and means to fulfil their functions, taking into account the size of the premises, the risks to people and the distribution of those risks throughout the premises.

    An appointed person who is not employed by the responsible person should:

  • be informed of the factors that the responsible person knows or suspects affect the safety of any other person who may be affected by the conduct of the undertaking; and

  • have access to the information that the responsible person must provide under the Order (see below).

    The appointed person must be given any information about any person working in the undertaking needed to carry out their functions properly. Where there is a competent person in the responsible person's employment, that person should be appointed in preference to a competent person not in his or her employment. In smaller businesses the employer will be able to meet the requirements of the Order himself or herself.

    Serious and imminent danger

    The responsible person must:

  • establish, and where necessary effect, appropriate procedures to be followed in the event of serious and imminent danger to persons;

  • nominate enough competent persons to implement those procedures in relation to the evacuation of people from the premises; and

  • ensure no one has access to any area that needs to be restricted on safety grounds unless the person concerned has received adequate safety instruction.

    These procedures should:

  • so far as is practicable, ensure anyone exposed to serious and imminent danger is informed of the nature of the hazard and of the steps taken or to be taken to protect them from it;

  • enable the people concerned to stop work and immediately proceed to a place of safety in the event of their being exposed to serious, imminent and unavoidable danger; and

  • apart from exceptional cases, require the those concerned to be prevented from resuming work in any situation where there is still a serious and imminent danger.

    Where a fire arising from an accident, incident or emergency relates to the presence of a dangerous substance, the responsible person must ensure that:

  • procedures, including the provision of appropriate first-aid facilities and safety drills (which must be regularly tested), have been prepared and can be implemented when an event occurs;

  • information on emergency arrangements is available;

  • suitable warning and other communication systems are established so that an appropriate response, including remedial actions and rescue operations, can be made as soon as an event occurs;

  • where necessary, before any explosion conditions are reached, visual or audible warnings must be given and people withdrawn; and

  • where indicated by the risk assessment, escape facilities must be provided and maintained to ensure that, in the event of danger, people can leave endangered places promptly and safely.

    Information on emergency arrangements, procedures, warnings and other communication systems and escape facilities must be made available to relevant accident and emergency services so that those services, whether internal or external to the premises, can prepare their own response procedures and precautionary measures.

    In the event of an accident, incident or emergency related to the presence of a dangerous substance, the responsible person must ensure that:

  • immediate steps are taken to mitigate the effects of the event, restore the situation to normal and inform those persons who may be affected; and

  • only those persons who are essential for the carrying out of repairs and other necessary work are permitted in the affected area and that they are provided with appropriate PPE and any necessary specialised safety equipment and plant needed until the situation is restored to normal.

    Information

    Where the responsible person is an employer, they must provide their employees and, where appropriate, other people on the premises, with comprehensible and relevant information on:

  • the risks to the workers identified by the risk assessment;

  • the preventive and protective measures;

  • the procedures for serious and imminent danger;

  • the identities of the people nominated to implement firefighting measures and the procedures for serious and imminent danger; and

  • the risks notified to the employer by any other responsible person sharing the premises.

    Where a dangerous substance is present, the responsible person, if they are an employer, must provide their employees with:

  • the details of any such substance, including the name of the substance and the risk that it presents, access to any relevant safety data sheet, and legislative provisions (concerning the hazardous properties of any such substance) that apply to the substance;

  • the significant findings of the risk assessment; and

  • suitable and sufficient information on the appropriate precautions and actions to be taken by the employer in order to safeguard their employees and other persons.

    Information on dangerous substances must be adapted to take account of significant changes in the activity or methods of work used and provided in a manner appropriate to the risk identified by the risk assessment.

    The requirement to provide detailed information would not normally extend beyond employees. It would not, for instance, be practical to provide details of the risk assessment to anyone entering a shop. But it would be necessary to display certain information such as fire-action notices and information about particular hazards.

    Cooperation and coordination

    Where two or more responsible persons share premises (whether temporarily or permanently), each of them should:

  • cooperate with the others so that they can all comply with the Order;

  • take all reasonable steps to coordinate the measures each of them takes to comply with the Order with the measures the others are taking; and

  • take all reasonable steps to inform the others of the risks to the other employees' safety arising out of the conduct of their own undertaking.

    Hosts and the self-employed

    The responsible person must see that the employer of any employees from an outside undertaking and any self-employed person working in the responsible person's undertaking are provided with comprehensible information on:

  • the risks to those employees; and

  • the measures taken by the responsible person to comply with the Order.

    The responsible person must ensure that anyone working in their undertaking who is not their employee is given appropriate instructions and comprehensible information regarding any risks to that person. Where an employee of another employer is working in the responsible person's undertaking, both the employer and employee must be provided with sufficient information to enable them to identify anyone nominated to take firefighting measures and to implement evacuation procedures.

    Capabilities and training

    The responsible person must provide their employees with adequate fire-safety training when they are recruited. Employees must also be provided with adequate training when they are exposed to new or increased risks because of:

  • a transfer or a change of responsibilities;

  • the introduction of new work equipment or a change respecting work equipment already in use;

  • the introduction of new technology; or

  • the introduction of a new system of work or a change respecting a system of work already in use.

    Training should be free, take place in working hours and cover:

  • the appropriate precautions and actions to be taken by the employee to safeguard himself and other people on the premises;

  • be repeated periodically where appropriate; and

  • be adapted to take account of any new or changed risks to the safety of the employees concerned.

    Employees' duties

    Every employee must take reasonable care for the safety of themselves and others who may be affected by their acts or omissions at work, and must co-operate with those who have obligations under the Order so that they can discharge their duties.

    Employees must also inform their employer or any other employee with specific responsibility for the safety of fellow employees:

  • of any work situation that they reasonably consider represents a serious and immediate danger to safety; and

  • of any matter that they reasonably consider represents a shortcoming in the employer's protection arrangements for safety, inasmuch as it affects their own safety, or arises as a result of their own work activities, and has not previously been reported.

    Licensing

    One of the greatest benefits of fire-safety legislation reform will be seen where premises have to be licensed. Operators currently have to deal with fire and licensing authorities and may have different requirements imposed by each of them. Under the new regime, licenses will contain a general condition requiring compliance with the Order. The fire authority will enforce fire-safety law and will take into account the views of the licensing authority on linked risks as part of a statutory consultation process. Any breach of the fire safety law would constitute a breach of the licence conditions and the licensing authority would be able to take action to address deficiencies in fire precautions by enforcing the licensing law. Licensing officers will be able to make decisions in circumstances where it might not be practical to consult a fire-safety officer.

    Housing authorities will continue to be the primary enforcing authority for houses in multiple occupation (HMOs) but fire authorities will continue to play a key role in providing advice to housing authorities, particularly on fire precautions in licensed HMOs. Some provisions of the new Order will apply to residential properties:

  • where someone is employed (such as a cleaner or caretaker), the regime should apply in full to the protection of employees (this does not apply to domestic premises);

  • where someone is employed, the requirements for safety of other people in the place should apply inasmuch as it could reasonably be inferred that the nature of the employment gives rise to a duty of care to others (eg some forms of sheltered housing);

  • employers and landlords should be responsible for the maintenance and testing of common fire precautions (including those provided for use by the fire service) regardless of the legislative route requiring their installation.

    Enforcement

    In the majority of cases, the fire authority will be the primary enforcing authority for the Order, although the HSE, the Ministry of Defence's fire service and local authorities will be the enforcing authority in specific circumstances. Enforcing authorities will be under a duty to enforce the Order, but the new regime is based on the principle that employers and people in charge of activities giving rise to risk are responsible for the fire safety of their premises and the people who use them. Enforcement will reflect this principle.

    Where the enforcing authority is not satisfied that fire precautions are adequate, rather than stipulate exactly what the responsible person must do, the enforcing authority will advise where the law has not been complied with, why it is of this opinion and, where necessary, require the responsible person to take action. Most minor breaches could be dealt with through informal action such as verbal or written advice without the need to serve a formal notice.

    Notices

    Where breach of the law is more serious, or where informal action has not been effective, the enforcing authority can issue a formal enforcement notice that explains how the law has been breached. The authority might (though it is not obliged to) add a schedule to the notice setting out means by which the contravention could be rectified. The schedule would acknowledge that the responsible person may choose a reasonable alternative method of achieving compliance.

    An enforcement notice will:

  • specify the provisions of the Order that have not been complied with; and

  • require that steps are taken to remedy the failure within a specified period; or

  • require the responsible person to send the enforcing authority a copy of the risk assessment and a summary of the proposed changes to the fire precautions.

    The enforcing authority can issue an "alterations notice" requiring the responsible person to submit the risk assessment and proposed fire-safety measures to the authority before implementing them. This power would be used either where the law has not been complied with, but formal enforcement action is not appropriate, or where the enforcing authority takes the view that a future change of circumstances could result in increased risk to people using the premises.

    The fire authority will have the power to issue a "prohibition notice" restricting or prohibiting the use of a place if they believe that it poses a serious risk of death or injury. Appeals against notices can be made to the Magistrates Court.

    Offences

    The offences created by the Order include:

  • failure to comply with any of the fire-safety duties;

  • failure to comply with any requirement imposed by a notice;

  • failure to comply with the general duties of employees at work;

  • falsifying information;

  • intentionally obstructing an inspector;

  • unreasonably failing to comply with an inspector's requirements; or

  • pretending, with intent to deceive, to be an inspector.

    A breach of a duty imposed on an employer by the Order that causes damage to an employee confers a right of action in civil proceedings.

    Inspection

    Every enforcing authority will appoint inspectors to enforce the provisions of the Order. An inspector would be able to do anything necessary to ensure that the Order is complied with. All inspecting officers will be required to prepare a report of any inspection they carry out under the Order and to make it available to the responsible person on request. The report should explain the basis on which the inspector has agreed to the risk assessment and the fire precautions that have been provided in the building. Any officer inspecting the premises subsequently will be obliged to refer to previous inspection reports before commencing any enforcement action. It would be for the inspector to justify any departure from the approach taken by the previous inspector.

    Enforcing authorities are required by the Order to institute, develop and maintain an enforcement programme that includes details of how the authority determines the frequency of inspection for premises covered by the Order. In developing this programme, the authority will have to take into account all the information available about the use of, and fire risks associated with, the premises in its area. This requirement is intended to make it clear that inspection is an integral element of the enforcement process, while leaving the actual decision about the frequency of inspection to the discretion of the enforcing authority. The inspection programme, along with enforcement of the Order by the fire service, is intended to provide the public with the assurance currently given by the fire-certification process.

    Under the Order, fire authorities are granted a new power to take away items or samples of substances for analysis, either in connection with the enforcement of fire-safety legislation or in the course of fire investigations.

    FEW NEW "BURDENS" FOR EMPLOYER

    Many of the requirements contained in the proposed Order re-state existing requirements contained in provisions of the workplace fire precautions legislation. These are the provisions relating to:

  • risk assessment;

  • the principles of prevention;

  • fire-safety arrangements;

  • firefighting and fire detection;

  • emergency routes and exits;

  • safety assistance;

  • procedures for serious and imminent danger and for danger areas;

  • provision of information;

  • cooperation and coordination;

  • people working in host employers' or self-employed persons' undertakings;

  • capabilities and training; and

  • general duties of employees at work.

    All these requirements reflect longstanding health and safety law and, in most cases, implement EU legislation. But there are several areas where the new regime confers new powers or extends the coverage of the legislation.

    New powers

    The new powers contained in the Order allow the taking away of samples for analysis by inspectors, the serving of alterations notices and the power to enter domestic premises to investigate the causes of a fire.

    Although the Order extends the legislation to the self-employed and voluntary sector, most of the people to whom fire-safety legislation will extend for the first time should already be complying with health and safety legislation. They should already be carrying out risk assessments that should include the assessment of the risk from fire, and consequently the "burden" on them should not be significant.

    The extension of protection to people who might be affected by a fire is similar to the protection already offered by health and safety law to people who might be affected by accidents in the workplace. The government considers there is a benefit in protecting anyone who might be affected by a fire, not just occupants of buildings.

    The draft Dangerous Substances and Explosive Atmospheres Regulations go some way to providing such protection, as they seek to mitigate the effects of fires involving the most dangerous materials. The Order will extend the duty on the responsible person to mitigate the detrimental effects of a fire to all premises. As fire precautions in most buildings already contain elements aimed at stopping the spread of fire, this should not be a significant new duty.

    The law currently provides for the installation in new buildings of facilities specifically for the use and protection of the fire service, but nothing to ensure that they are fit for use when they are needed. This will be rectified by the new duty in the Order to maintain fire precautions and facilities required under Building Regulations and fire-safety legislation, including those that are for the use and protection of the fire brigade.

     

    BOX 1: THE MAIN REQUIREMENTS OF THE ORDER

    The main proposals are that:

  • as far as possible, the reform should create one simple fire safety regime applying to all workplaces and other non-domestic premises;

  • the regime should be risk assessment-based with responsibility for the fire-safety of the occupants of premises, and people who might be affected by a fire, resting with a defined responsible person;

  • there should be no separate formal validation mechanism for higher-risk premises - fire authorities would base their inspection programmes on the assessment of the premises they considered to present the highest risk;

  • there should be a duty to maintain those fire precautions required under Building Regulations that are for the use and protection of the fire brigade; and

  • there will be new statutory duties on fire authorities to promote community fire safety, for powers of entry for the investigation of fires, and for a power to take away samples for testing.

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    BOX 2: THE FIRE PRECAUTIONS ACT 1971

    Under the Fire Precautions Act 1971, the use of certain types of premises are designated as requiring a fire certificate. There are two designating orders: one relates to hotels and boarding houses; and the other to factories, offices, shops and railway premises where people are employed.

    Hotels and boarding houses that require a fire certificate are those that provide sleeping accommodation for more than six people (whether employees or guests) or if they provide sleeping accommodation for employees or guests elsewhere than on the ground or first floors of the premises.

    Factories, offices and shops require a fire certificate where more than 20 people are at work at any one time or more than 10 are at work at any one time elsewhere than on the ground floor. Certificates are also required for smaller factories where significant quantities of highly flammable substances are stored.

    The Act requires the occupier of designated premises to apply for a fire certificate. This is prepared by the fire authority (in practice the local fire brigade).

    Before issuing a fire certificate the fire brigade inspects the premises and satisfies itself that:

  • the means of escape in case of fire;

  • the safe use of the means of escape at all times;

  • the means for fighting fire; and

  • the means for giving warning in case of fire

    are such as may reasonably be required.


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    BOX 3: THE FIRE PRECAUTIONS (WORKPLACE) REGS 1997

    These Regulations implement the fire-safety aspects of two European Directives on health and safety at work - the Framework Directive (89/391/EEC) and the workplace Directive (89/654/EEC). They apply to virtually all places where people are employed. The Regulations, together with those elements of the Management of Health and Safety at Work Regulations 1999 that impose requirements concerning general fire precautions, are referred to as "the workplace fire precautions legislation".

    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; and

  • provide information, instruction and training to employees about the fire precautions.

    The fire precautions provided in accordance with these Regulations are intended to protect employees, but must consider other people present. Employers must take account of any duty of care they and their employees may have to other occupants of the building.


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    BOX 4: GUIDANCE

    The government plans to publish a series of guidance documents that will advise users on meeting their responsibilities under the new Order, aimed at particular types of building and business sectors. It is intended to produce separate guides for:

  • care homes;

  • schools, boarding schools, further education establishments;

  • offices, shops;

  • factories, warehouses, superstores;

  • pubs, clubs, restaurants;

  • theatres, cinemas;

  • museums, galleries, libraries;

  • hotels, boarding houses, hostels; and

  • sub-surface railway stations.

    The government will consult separately on these guidance documents, which will be non-statutory, though courts will take any relevant guidance into account when deciding whether or not an offence has been committed under fire-safety legislation.

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    1"A consultation document on the reform of fire safety legislation", available free from the Office of the Deputy Prime Minister, PO Box 236, Wetherby, West Yorkshire LS23 7NB, tel: 0870 1226 236, fax: 0870 1226 237, email: odpm@twoten.press.net. The document is also available at www.odpm.gov.uk . Comments should be sent by 22 November 2002 to Mark Coram, Fire Safety Reform Consultation, Office of the Deputy Prime Minister, Eland House, Bressenden Place, London SW1E 5DU or to: fire.safetyreform@odpm-dft.gsi.gov.uk .

    2The draft Dangerous Substances and Explosive Atmospheres Regulations, on which the HSE recently consulted, address the potential hazards of fires in places where dangerous chemicals are stored or used, building on the existing provisions of the FPW Regulations. The draft Regulations implement aspects of the chemical agents Directive (98/24/EC) and the explosive atmospheres Directive (99/92/EC).