Legal duties for employers and employed

I am an Employer

As an employer the current legislation for fire is The Regulatory Reform (Fire Safety) Order 2005 . The legislation covers nearly all places and premises. With the introduction of this legislation a fire certificate is no longer required, if you have a fire certificate for your premises then the conditions contained within it are usually a very good starting point for you fire risk assessment. The principle objective of the Fire Safety Order is to ensure the safety of every person who may legally be on your premises and those within the immediate vicinity through a process of risk assessment; The legislation recognizes the dynamic nature of buildings and the many different approaches to managing Fire Safety in the workplace. It is a goal-based, modern and effective way of allowing those responsible to manage fire safety through a flexible approach, focusing on the desired state, a safe building. Employers are often confused as to why they have to meet the requirements of different pieces of legislation often overlapping, now there is just a single piece of legislation, making compliance much easier.

The Fire Precautions Act 1971 did a good job for many years however the static nature of fire certificates meant the provisions in buildings were not always suited to the changing business/buildings needs. It was relatively inflexible and did not adapt to the constantly changing environment in terms of risk from fire.

The Regulatory Reform (Fire Safety) Order 2005, will remove all previous ambiguity and misunderstanding in relation to fire safety legislation, those responsible for compliance with the law with find it easier to comply and also the requirement it imposes will be more flexible and more suitable for their own premises needs

For detailed information see The Regulatory Reform (Fire Safety) Order 2005

I am an Employee

What to do if a fire occurs?

Portable fire extinguishers enable suitably trained people to tackle a fire in its early stages and only if they can do so without putting themselves in danger.

If you have not been trained get out, stay out and call 999 - don't try to tackle fire yourself.

As an employee, you have a general duty under the Regulatory Reform (Fire Safety) Order 2005, not only for your own safety but your colleagues safety too. However your employer has a legal responsibility to make sure you and others are safe in their premises through compliance with the Fire Regulations. You must assist your employer in keeping the Workplace safe by being vigilant and having an awareness of the steps that should be followed to attain an acceptable level of safety.

The Fire Risk assessment process is a flexible and goal based approached to achieving a safe environment to work in. Part of this systematic process will involve identifying persons at risk from fire in terms of their means for escaping from the premises. With this in mind should you feel that your safety is compromised you should approach your employer who should remedy the problem.

The majority of employees have little or no experience in Fire Safety. Often they put little thought into it. So how can you help and assist your employer in achieving an acceptable level of safety in the premises?

Common areas of non-compliance include:-

Locked or blocked Fire Exits, they should be available for use at all material times providing ultimate escape from the building (on to a public road not an enclosed yard).

If an escape route is marked as a Fire Exit then it should be available as one.
Combustibles stored in staircases. Staircases form the principle means of escape from upper floors, it is essential, particularly where there is only one staircase in the building, that they are kept sterile (free from combustibles).
Fire Doors wedged open, particularly where they are protecting a staircase.
Alarm testing. Generally the Fire Alarm should be tested on a weekly basis.
Staff training, evacuation once ever six months.
Emergency lighting, where you are expected to work where artificial light is the only light then some form of emergency lighting system should be available.

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