Fire Precautions (Workplace) Regulations

The Workplace Fire Precautions Legislation brings together existing Health & Safety and Fire Legislation to form a set of dedicated Fire Regulations with the objective, to achieve a risk appropriate standard of fire safety for persons in the workplace.

These regulations were amended on the 1st December 1999 in order to confirm the concept of the employer having unconditional responsibility for the safety of employees. As a result, most workplaces are now subject to the legal requirements of the above Regulations. The regulations apply to workplaces where persons are employed to work, but do not apply in workplaces that are:

• Private dwellings
• Used only by the self-employed
• Constructions sites
• Means of Transport
• Mineshafts
• Ships within the meaning of the Merchant Shipping Act (not those permanently moored, under construction or repair, etc.)
• Offshore installations or open farm / forestry land

This means that those workplaces that are subject to the requirements of a fire certificate (or application) have additional legal obligations in respect of the Workplace Regulations. An existing Fire Certificate may form the basis of the fire risk assessment, but it is not a substitute for a fire risk assessment.

Employers are required to:

• Carry out a fire risk assessment
• Monitor & Review the risk assessment & revise as appropriate
• Inform staff or their representatives of the risks
• Plan for an emergency
• Provide staff information and training
• Nominate persons to assist

Employers are required to provide and maintain: (to the extent that it is appropriate as determined by the fire risk assessment)

• Means For Detecting & Giving Warning in case of fire
• Emergency Lighting
• Means of Escape
• Fire Safety Signs
• Firefighting Equipment

Where the employer does not have control of all parts of the building:
If the Workplace is shared with other persons, they should be informed of any significant risks identified. The person who has to any extent control (landlord, owner or other employer etc) has a responsibility to make sure the regulations are complied with, in the parts they control. This may require communication and co-operation between all parties to ensure co-ordination of fire safety provisions, firefighting measures, evacuation procedures etc.

Objective of the Fire Risk Assessment

The principle of the regulations and the risk assessment approach, is goal based and flexible to employers needs. The employer generates the risk in workplaces, therefore, to safeguard the safety of employees, the employer must carry out a risk assessment to remove or reduce the risks

Providing the premises have been built and maintained in accordance with Building Regulations and the use of the workplace can be described as normal risk or lower, undertaking a risk assessment will be a simple matter and is unlikely to cause significant expenditure. If however, the premises are not in accordance with the above categories and are classified as a high risk, substantial action may be necessary and an action plan should be produced and implemented based on the complexity, size, occupancy and consequential risks.

The guidance provided within 'Fire Safety An Employers Guide' will indicate how to comply with the requirements of the Fire Regulations.

The employer can enlist the help of other persons who have the necessary experience or skills and competence to carry out part or all of the risk assessment. This 'competent' person (possibly a current employee with knowledge of safety and company working practices) does not have to be an expert to assist the employer, but they need to have sufficient experience and training with regard to the problems they are advising on.

But the employer always remains responsible for the outcome. This is worth remembering, should you require help with your risk assessment.

Should your completed fire risk assessment result in the production of an action plan indicating that significant works or expenditure are necessary, contact your local Fire Safety Department and a Fire Safety Officer will advise you, to ensure you are undertaking the most effective method of complying with the regulations for your particular workplace.