On December 1st 1997 the Fire Precautions (Workplace) Regulations came into force and are designed to implement requirements of the European Framework and Workplace Directives bringing the UK into line with European law.
Main Features
The main purpose of the legislation is to reinforce the responsibility that all employers have for their staff. In essence, the new legislation is very similar to the Existing Fire Precautions Act 1971. However, there are three main extensions: Emphasis has been placed on risk assessment. It is now a requirement that organisations assess the risks from fire as they would assess health and safety generally. The new Regulation applies to all workplaces or any non-domestic premises used as a place of work. This includes where the occupier is a tenant having responsibility for the premises maintenance. This is a much wider scope than the 1971 Act and will mean many more premises need to comply. Similarly, the lower limits of numbers employees do not exist in this legislation. So even premises where there is only one employee will now have to comply, greatly increasing the number of affected premises. Exempt Workplaces Workplaces exempt from the Regulations are those which: Are used solely by the self employed. Have a current fire certificate, or for which an application is pending, under the Fire Precautions Act 1971 (other than certificates issued under the transitional provisions of Schedule 8 of the HSW Act). Have a current fire certificate under the Safety of Sports Grounds Act 1975 or the Safety of Places of Sport Act 1987. Are construction sites, within the meaning of reg.2(1) of the Construction (Health, Safety and Welfare) Regulations 1996. Are ships, within the meaning of reg.2(1) of the Docks Regulations 1976. Are covered by the Fire Certificates (Special Premises) Regulations 1976. Are offshore installations within the meaning of Reg.3 of the Offshore Installations and Pipelines Works (Management and Administration) Regulations 1995. Are aircraft, locomotives and rolling stock, or trailers used as a means of transport, or are vehicles having a license issued under the Vehicle Excise and Regulations Act or are exempted from duty under this Act. Are in 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 undertakings main building. Are covered by The Fire Precautions (Sub-surface Railway Stations) Regulations 1989. Are covered by the Mines and Quarries Act 1954. Requirements of the Act Are very similar to those stated by the 1971 Act.
The employer: Must undertake an adequate risk assessment of all fire hazards. Ensure the workplace is equipped with appropriate fire-fighting equipment, fire detectors and alarms and that any non-automatic fire fighting equipment is easily accessible and simple to use. Take measures for fire-fighting. Nominate and train employees to implement those measures and arrange contacts with external emergency services. Keep emergency routes clear and comply with specific criteria relating to routes and doors. Ensure that fire-fighting equipment and emergency escape routes and exits are indicated with signs which comply to the Health and Safety (Safety Signs and Signals) Regulations 1996. Have a suitable system of maintenance for fire precautions in relation to the workplace, equipment and devices and ensure these are working and in good repair. N.B. Under the Disability Discrimination Act 1995 it may also be relevant to consider the evacuation of people in wheel chairs and visually impaired people.
Compliance and Enforcement
The Regulations came into force on the 1st December 1997. There is no provision for a transitional period so compliance must be by the above date. Local Fire Authorities, either through local Fire Brigades or appointed inspectors, have the responsibility of enforcement. They are given the right of access to premises and the power to issue either prohibition notices or an enforcement notice, depending on the seriousness of the risk. However, this paints a rather bleak picture when you bear in mind that if an organisation already holds a Fire Certificate under the 1971 act, the fire precautions that are currently in place should be adequate, although it would be wise to check with your local fire officer. Help and Advice Local Fire Authorities have enforcement responsibilities, but under the Fire Services Act 1951 they are also responsible for the free provision of information which may be useful when undertaking a risk assessment or assessing whether your current fire precautions are adequate. Details and guidance to the Regulations are given in Fire Precautions in the Workplace Information for Employers About the Fire Precautions (Workplace) Regulations 1997, (ISBN 0 11 341169 3) and the Regulations themselves (ISBN 011 0647386) are available from the Stationery Office, P.O. Box 276, London SW8 5DT.
