INTRODUCTION

The above regulations implemented the general fire safety provisions of the European Framework and Workplace Directives not specifically dealt with by other legislation. If you have already taken sensible and appropriate fire safety measures, you may need to do nothing more.

APPLICATION

The Regulations apply to your workplace if you employ staff, however, some workplaces are exempt and these are listed below:

1. Workplaces used only by the self-employed.
2. Private dwellings.
3. Modes of Transport.
4. Construction sites(any workplace to which the Construction[Health, Safety and Welfare]Regulations 1996 apply).
5. Offshore installations (workplaces to which the Offshore Installations and Pipelines Work[Management and Administration]Regulations 1995 apply.
6. Ships within the meaning of the Merchant Shipping Act 1995 (other than thoes under construction or repair).
7. Any workplace which forms part of a mine, other than buildings on the surface at a mine.
8. Fields, woods or other land forming part of an agricultural or forestry undertaking but which is not inside a building and is situated away from the undertaings main buildings.

Risk Assesment.

A responsible person must asses the fire risk in the workplace (either as part of a general review of health and safety risks or, as a specific exercise).

Fire precautions will depend on the risk, ...concider; ...will anyone be hurt if ther is a fire?

If five or more persons are employed, a formal record of the significant findings and any measures proposed to deal with them must be kept.

An employer must tell their staff, or their representatives, about their findings and, if they share their workplace, with others, they will need to check that they know about any significant risk identified,

And finally an assessment must be reviewed from time to time.

If an employer does not have control over all parts of the premises then the person who does have control (perhaps the Landlord, owner or other employer) has a responsibility to make sure the Regulations are complied with in such parts.

Fire Detection Warning.

A resposible person must check that a fire can be detected in a reasonable time and that people can be warned properly.

Means of Escape in Case of Fire.

A resposible person must check that people (not just employees) who may be in the building can get safely and quickly out of the building in the event of a fire.

Provision of Fire fighting Equipment.

An employer must check that sufficient firefighting equipment of suitable type is available to tackle a small fire.

Planning for an Emergency and Training your Staff.

An employer or resposible person must check that thoes in the building know what to do if there is a fire. The chance of injury is reduced if staff have appropriate information and training.

Maintenance and Testing of Fire Safety Equipment

An employer must regularly check and maintain fire safety equipment, means of detecting and giving warning in case of fire, means of escape and emergency lighting.

If immediate action is not required:

Any work identified by the Fire Authority as being necessary to bring the premises up to an acceptable standard will be notified in writing to the employer. The opportunity to comment on proposals will be given, however if the work is not carried out within a reasonable period of time, an "Enforcement Notice" will be issued by the Fire Authority. The person on whom the Notice is served will agein be given a reasonable time to comply and an appeal can be made against the Notice to a Magistrates Court within 21 days.

If immediate action is required:

In very serious cases the Fire Authority may serve a Notice under Section 10 of the Fire Precautions Act 1971 to prohibit or restrict the use of the workplace. A "Prohibition Notice" will only be issued in exceptional circumstances where persons are in imminent danger from fire.

Offences.

A person shall be guilty of an offence if:

1. being under a requirement to do so, he/she fails to comply with any provision of the workplace fire precautions legislation
2. that failure places one or more employees at risk of death or serious injury in case of fire; and
3. that failure is intentional or is due to his/her being reckless as to whether he/she complies or not

Any person guilty of an offence under this regulation shal be liable

1. on summary conviction to a fine not exceeding the statutory maximum; or
2. on conviction or indictment, to a fine, or to imprisonment for a term not exceeding two years, or both

NOTE. It shall be a defence for the person charged to prove that they took all reasonable precautions and exercised all due diligence to aviod the commission of the offence.

A person is not guilty of an offence under this regulation in respect of any failure to comply with the workplace precautions legislation which is the subject of an enforcement notice.

NOTE. If employers intend to seek or are offered advice from a third party on how to conduct a risk assessment or assess the provision of fire safety equipment ... even after obtaining that advice it is solely the employers responsibility to consider the suitablity of the advice and the need to act on it.

The principle running through this change in legislation is that as companies, through work activities, generate the risks in the workplace, The EMPLOYER OR RESPONSIBLE PERSON has the responsibility to assess those riske and either eliminate them or reduce them to an acceptable level.

To assist, the Home Office have produced a guidance document entitled:
"FIRE SAFETY An Employers Guide" available from HMSO priced £9.95 (ISBN 0-11-341229-0).

The Hereford & Worcester Combined Fire Authority have a statutory duty for the supervision and control of compliance with the regulations, to that end Fire Officers will carry out a regular and random inspection procedure in which all premises may be included. Failure to comply with the Regulations could in serious cases render a person liable to prosecution.