Workplace legislation on fire precautions

An extensive collection of workplace fire precautions legislation exists in the UK. The older parts, such as the Fire Precautions Act 1971, use a prescriptive model that overlaps with the newer goal-setting approach based on risk assessment and self-regulation in the Regulations of the past few years. This change in approach has been prompted by the Fire Precautions (Workplace) Regulations 1997, as amended ("the fire Regulations"), and parts of the Management of Health and Safety at Work Regulations 1999 (MHSW). Together, these implemented the fire safety aspects of the workplace and health and safety framework Directives (89/654/EEC and 89/391/EEC).

Public consultation in 1998 found a general desire for the legislation to be consolidated and rationalised. In 1999, the Home Secretary, Jack Straw, set up a working party to draft a Bill, but progress has been slow and draft legislation is, at best, some time away. In the meantime, duty-holders, particularly employers, may have to deal with the requirements of the old and new legislation so that, in a workplace that has a fire certificate, it is still necessary to carry out an assessment to address the risks arising from fire.

The Home Office and HSE guidance on workplace fire safety1 advises: "In cases where both the fire Regulations and the requirement for a fire certificate apply, it is advisable to discuss the fire precautions you propose, as a result of your risk assessment, with the fire authority before putting the precautions in place. This will allow any special requirements, which may be needed for the fire certificate to be issued, to be considered at the same time and help to avoid any unnecessary expenditure."

In most workplaces, the local fire authority enforces the fire Regulations. If it believes that any requirements of the Regulations have not been complied with, it can serve an enforcement notice requiring improvements to be made. Notices can also be served on those who have control over parts of a workplace.

Failure to comply with a notice is a criminal offence, as is a failure to comply with the Regulations that places an employee at risk of death or serious injury. If charged with failure to comply with an enforcement notice, it is a defence for the person charged to show they exercised due diligence.

In a situation where there is a serious threat to life, the fire authority can serve a notice under the Fire Precautions Act 1971 on an occupier of a workplace, prohibiting or restricting its use until the risk has been reduced. Failure to comply with a prohibition notice is an offence.

Other legislation that can apply to workplace fire safety includes:

  • The Fire Certificates (Special Premises) Regulations 1976,2 which deal with process hazards based on the quantities of hazardous substances stored or particular hazardous activities;

  • The Explosives Act 1875,3 which requires that the manufacture and storage of explosives is licensed; and

  • The Building Regulations 1991 and related "approved documents",4 which cover the structural fire safety requirements of new buildings and significant alterations to existing buildings.

    The Management of Health and Safety at Work Regulations 1999 (MHSW)5

    The MHSW Regulations 1999 include amendments made to MHSW 1992 by the fire Regulations. These make explicit the requirement for a risk assessment relating to fire safety, and for the assessment to take account of general fire precaution requirements for firefighting, fire detection, emergency routes and exits, and their maintenance.

    Duty-holders

    Principally employers, although the self-employed and employees also have duties.

    People assessed

    Employees at work and others who may be affected by a fire in the workplace. Adequate provision must be made for any disabled people with special needs who may be present in the premises.

    Purpose of assessment

    To identify:

  • the significant risks arising from fire in the workplace and the measures needed to address it, taking account of the duties in the fire Regulations on firefighting and fire detection, emergency routes and exits, and their maintenance; and

  • the details of anyone who might be especially at risk in case of fire.

    • This will involve evaluating:

  • the chance of a fire occurring and whether the sources of ignition and potential fuel can be reduced;

  • the existing fire precautions and whether they are sufficient for the remaining risk; and

  • the means that people can use to make their escape safely or put the fire out if it is safe for them to do so.

    • Qualification of duty

    The assessment must be "suitable and sufficient". The self-employed who are not employers need not take account of duties in the fire Regulations relating to firefighting and fire detection, emergency routes and exits, and their maintenance.

    Timing of assessments

    If there is reason to believe an assessment is no longer valid or could be improved, in most cases it would be prudent to review the assessment at regular intervals.

    Records to be kept

    Employers with five or more employees must keep a record of their significant findings, such as the significant hazards, people at risk, existing controls and further action needed, and of the arrangements for the effective planning, organisation, control, monitoring and review of the preventative and protective measures. This would include emergency procedures, clearly setting out the limits of actions to be taken by employees. The name of the competent person appointed to help with the measures needed to comply with the MHSW and fire Regulations should also be recorded.

    Procedures for serious and imminent danger

    The risk assessment should identify the foreseeable events that need to be covered by these procedures: this will usually include fire.

    An employer should establish procedures for any worker to follow in the case of a fire. The procedure should set out:

  • the nature of the risk, such as a fire in parts of a building where particular substances might be stored, and how to respond;

  • the additional responsibilities of any employees who have specific tasks to carry out in an emergency or have special training to deal with emergencies;

  • the role, responsibilities and authority of the competent people nominated to implement detailed actions; and

  • details of when and how the procedures are to be activated.

    • Employers must also arrange that appropriate contacts are in place with external services, such as the fire brigade. This might mean that employees need only know the necessary telephone numbers and that where there is a significant risk they are able to contact the help they need.

    Information, instruction and training

    An employer must provide its employees, including those on fixed-term contracts, with information relevant to the risks to their health and safety from fire and on emergency procedures, including the identity of staff nominated to help with evacuation and firefighting measures.

    An employer, or self-employed person, who has an outside employer's employees working in its business must give that employer information on the risks to its employees' health and safety from fire arising out of the carrying on of the first employer's business, the measures taken for firefighting and on those employees nominated to implement these measures.

    An employer must ensure that its employees have been given adequate training on the risks to their health and safety from fire.

    Training needs are likely to be greatest for new employees whose basic induction training should include arrangements for fire and evacuation.

    Cooperation and coordination

    Where more than one employer uses a workplace, they must cooperate with each other and coordinate their actions to ensure compliance with the requirements of the MHSW and fire Regulations.

    Assistance from competent persons

    An employer must appoint a competent person - in its own employment where possible - to help undertake the measures needed to ensure adequate fire risk assessment and control, including firefighting and fire detection, emergency routes and exits, and their maintenance.

    Consultation with safety representatives

    There are specific requirements in other Regulations on the provision of information to safety representatives and enabling full and effective consultation with employees (Employee representation and consultation Regulations).

    Employees' duties

    Employees must cooperate with their employer to enable it to comply with its health and safety duties. This includes telling an employer of any work situation that might present a serious or imminent danger and of shortcomings in health and safety arrangements.

    Exclusions

    Sea-going ships.

    Liability

    Criminal.

    The Fire Precautions (Workplace) Regulations 19976

    Amended by

  • The Fire Precautions (Workplace) (Amendment) Regulations 1999 (SI 1999 No.1877)7

  • The MHSW Regulations 1999 (see above)

    • The 1997 fire Regulations were introduced to implement those parts of the 1989 Framework and workplace Directives that relate to fire and that were not covered by other legislation. The fire Regulations exempted those premises covered by a fire certificate issued under the Fire Precautions Act 1971, but in 1998 the European Commission challenged the UK's implementation of the Framework Directive on the grounds of this widespread exemption. In response, the Government amended the Regulations, which removed the exemption but resulted in two parallel regimes.

    Duty-holders

    Principally employers, although others have duties relating to the extent of their control of a workplace, eg landlords in buildings in multiple occupation.

    Purpose of assessment

    To decide what firefighting equipment, fire detectors and alarms and emergency routes and exits should be provided in a workplace in order to safeguard employees' safety. The assessment must reflect the use of the workplace, its size, the equipment and substances it contains and the maximum number of people that may be present.

    Duty details

    Other duties include ensuring that:

  • routes to emergency exits and the exits themselves are kept clear, lead as directly as possible to a place of safety, are indicated by signs and have emergency lighting where needed;

  • employees can evacuate the workplace as quickly and safely as possible;

  • emergency doors open in the direction of escape and are not locked or fastened so as to hamper escape in an emergency;

  • exits intended specifically for emergency use do not have sliding or revolving doors; and

  • the workplace, any equipment or devices provided for fire fighting and detection, and emergency routes and exits are covered by a suitable maintenance regime and are maintained in good working order and repair.

    • Employers must:

  • take appropriate measures for firefighting in the workplace;

  • nominate a sufficient number of employees, and train and equip them to carry out the measures; and

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

    • Exclusions

    Workplaces not covered by these Regulations include:

  • workplaces at construction sites;

  • ships in the course of construction or repair;

  • mine facilities underground;

  • offshore installations;

  • means of transport; and

  • fields, woods or other land forming part of an agricultural or forestry undertaking away from buildings.

    • The fire Regulations apply to Crown workplaces, but the provisions creating criminal offences do not apply to the Crown.

    Liability

    Criminal.

    The Fire Precautions Act 19718

    Premises covered

    Particular uses of premises are designated for the purposes of this Act, including "use as a place of work", and require a fire certificate issued by the local fire authority.

    Exempted premises

  • Single, private dwellings; and

  • any factory, shop, office or railway premises where not more than 20 people work at any one time and not more than 10 people work elsewhere than the ground floor.9

    • Application for a fire certificate

    Applications for a fire certificate must be made on the prescribed form, giving the name of the owner and occupier, use of the premises, the floors in the building in which the premises are situated, numbers of persons employed on each floor within the premises and any uses of other parts of the building.

    Occupier's duty

    While an application is being processed, it is the occupier's duty to ensure that:

  • means of escape are provided and maintained;

  • firefighting equipment is provided and maintained; and

  • workers receive instruction and training on what to do in case of fire.

    • Discretionary exemptions

    Having received an application, the fire authority will consider whether or not to grant an exemption. An exemption may be granted if, having inspected the premises and considered the circumstances, particularly the degree of seriousness of risk in case of fire to those in the premises, this is appropriate. The exemption may specify the number of people who can safely be in the premises at any one time.

    Issuing a fire certificate

    If, having inspected the premises, the fire authority does not issue an exemption, it must provide a certificate if it is satisfied that the means of escape, the means of fighting a fire and the means of raising the alarm are satisfactory.

    If the fire authority is not satisfied with the arrangements, it must serve a notice on the applicant stating the steps that need to be taken to bring the workplace up to standard and giving a timescale.

    Certificate details

    A fire certificate must specify:

  • the use of premises covered by the certificate;

  • the means of escape provided;

  • the means of ensuring that the means of escape are available, such as fire doors to control smoke, emergency lighting and signs; and

  • the type, number and location of means of warning in case of fire and firefighting equipment.

    • The certificate may specify:

  • the requirements for ensuring that the means of escape are kept free from obstruction and that the firefighting, prevention and warning systems are maintained;

  • the instruction and training workers need to receive and the records that need to be kept of the training;

  • the maximum number of people who may be in the premises at any time; and

  • other precautions needed.

    • Every matter specified in the certificate must be maintained in accordance with its specification.

    Inspection and alteration of premises

    The fire authority can inspect premises covered by a fire certificate to check compliance with its requirements.

    The occupier of premises covered by a fire certificate or an exemption must give the fire authority notice before altering the premises, furniture or equipment or storing prescribed quantities of highly flammable materials or explosives that could affect fire safety.

    The fire authority may require additional works to maintain fire safety and may cancel a fire certificate where the works it requires are not carried out.

    Prohibiting use

    Fire authorities can prohibit particular uses on the grounds of the seriousness of the risk to people on the premises in case of fire.

    Offences

    It is an offence to use premises as a place of work unless a fire certificate has been applied for or granted, or the premises are exempt.

    1"Fire safety: an employer's guide", HSE Books, ISBN 0 11 341229 0, £9.95.

    2The Fire Certificates (Special Premises) Regulations 1976, SI 1976 No.2003, Stationery Office, ISBN 0 11 062003 8, £3.20.

    3"Explosives Act 1875", Stationery Office, ISBN 0 11 802667 4, £7.70.

    4"The Building Regulations 1991: approved document B: fire safety", Stationery Office, ISBN 0 11 752313 5, £13.99.

    5The MHSW Regulations 1999, Approved Code of Practice and guidance are published together as "Management of health and safety at work", L21, SI 1999 No.3242, HSE Books, ISBN 0 7176 0488 9, £8.

    6SI1997 No.1840, Stationery Office, ISBN 0 11 064738 6, £3.20.

    7"The Fire Precautions (Workplace) (Amendment) Regulations 1999", Stationery Office, ISBN 0 11 082882 8, £2.50.

    8"Fire Precautions Act 1971", Stationery Office, ISBN 0 10 544071 X, £7.70.

    9"Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 1989", SI 1989 No.76, Stationery Office, ISBN 0 11 096076 9, £6.