This Order came into force on 1 October 2006. It replaced over a hundred pieces of fire safety legislation including the Fire Precautions Act and the Workplace (Fire Safety) Regulations. Fire Certificates are no longer issued or enforced. It placed a duty on the ‘responsible person’ to ensure, ‘as far as is reasonably practical’ the safety of his/her employees and to take such general fire precautions as may be reasonably required to ensure that the premises are safe [ie for non-employees].
Under the Order, there is a requirement to carry out and continually update an assessment of the risk of fire to people in and around the premises/building, and to assess and maintain the measures to reduce those risks to an acceptable level. Where there are five or more employees, the risk assessment must be recorded.
A Fire Risk Assessment should be carried out:
1. On completion of the building fit out and preferably before first occupation of the building;
2. Regularly, particularly where any changes occur such as changes in the use of the building, the number or nature of occupants, or building works;
3. We would recommend that a fire risk assessment is carried out at least annually.
Other legal duties include:
1. A person must be nominated for any special role identified in an emergency plan;
2. Employees must be consulted about nominations to perform special roles, and about any proposals for improving the fire precautions;
3. Other employers in the building must be informed about any significant risks, which might affect the safety of their employees, and there must be co-operation with them in measures to reduce the risk;
4. Those having control over the workplace have a responsibility to ensure compliance with the regulations in those parts of the building over which they have control;
5. A suitable and readily available method of calling the emergency services must be established;
6. Employees are required to co-operate in ensuring that the workplace is safe from fire.
The order also adopts ‘Principles of Prevention’. These include:
• Avoiding risks;
• Evaluating the risks which cannot be avoided;
• Combating the risks at source;
• Adapting to technical progress;
• Replacing the dangerous by the non-dangerous or less dangerous [particularly with respect to hazardous substances];
• Developing a coherent overall prevention policy which covers technology, organisation of work and the influence of factors relating to the working environment;
• Giving appropriate instructions to employees.