EMPLOYMENT LAW - FIRE

 
FIRE PRECAUTIONS

For many years, UK companies have relied on a fire officer inspect premises, submit a schedule of required works and then issue a Fire Certificate showing that the premises was up to standard.This is no longer the case.

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FIRE PRECAUTIONSFIRE PRECAUTIONS ACT 1971FIRE PRECAUTIONS (WORKPLACE) (AMENDMENT) REGULATIONS 1999THE HIGHLY FLAMMABLE LIQUIDS AND LIQUEFIED PETROLEUM GASES REGULATIONS 1972THE MANAGEMENT OF HEALTH AND SAFETY AT WORK REGULATIONS 1999PETROLEUM (REGULATION) ACTS 1928 AND 1936

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The FIRE PRECAUTIONS ACT 1971 BACK TO TOP

Fire Precautions Act 1971 and as amended by the Health and Safety at Work etc Act 1974
All offices, shops, railway premises, hotels and factories that require a Fire Certificate are subject to the Fire Precautions Act 1971.

Existing certificates issued under the Factories Act 1961 or the Offices, Shops and Railway Premises Act 1963 continue in force and are treated as if issued under the 1971 Act.

Where a Fire Certificate has been issued for a premises it MUST be kept on that premises and available for inspection.

Premises require a Fire Certificate if:-

A Fire Certificate will cover
The Means Of Escape.
This will cover such things as maximum distance of travel to safety, fire doors, construction of escape routes
Other means for securing that the means of escape can be safely and effectively used at all material times.
This will cover such things as emergency lighting, fire exit signs and signs to ensure that the means of escape is always clear of obstruction and available.
Means of fighting fire.
This will ensure that all premises are provided with adequate and effective fire fighting equipment for the risks in the premises.
Means of giving warning in case of fire.
This will depend on the size and complexity of the premises and could range from verbal warning in a very small premises to an automatic detection and alarm system with visual warning in large and or noisy premises.
In addition the Fire Certificate may also require
Maintenance of the Means of Escape
Training and keeping of records
Additional requirements may be imposed dependant upon the nature of the risks in the premises.
The local Fire Authority should be contacted for advice and guidance

The Fire Safety and Safety of Places of Sport Act 1987

The Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 1989

The Fire Precautions (Workplace) Regulations 1997
 
The FIRE PRECAUTIONS (WORKPLACE) (AMENDMENT) REGULATIONS 1999 BACK TO TOP

The FIRE PRECAUTIONS (WORKPLACE) (AMENDMENT) REGULATIONS 1999 demand a complete change in the approach to managing fire safety in the workplace.

The new regulations require the development of a safety culture that gives ALL EMPLOYEES greater responsibility for their own safety. Risk assessment is now a legal requirement for all businesses in accordance with the regulations. Those responsible for purchasing within the company have a responsibility for ensuring that fire safety as well as COSHH and other regulations are taken into account.

In the event of a fire, companies can no longer rely on a fire certificate as a means of showing all has been done to ensure fire safety. Prosecutions based on the new Fire Precautions regulations will be based on the principle of assumed guilt. The onus is placed on the company in question to prove its innocence using what the regulations refer to as a file of evidence. A suitable risk assessment as part of a positive fire safety strategy is an essential component of a file of evidence.

The HMSO Publication Fire Safety - An Employer's Guide ISBN 0-11-341229-0 Price £9.95 details the regulations.

There is a commercial guide Means Of Escape, Fire Safety Audit, A Guide for Basic Fire Risk Assessment available from Means Of Escape, Wins House, Bentalls, Pipps Hill Industrial Estate, Basildon, Essex, SS14 3BS Telephone number 01268 242340 also priced £9.95. This guide goes through the responsibilities and obligations of the employer, managers, supervisors and employees. The guide also gives guidance for carrying out fire risk assessments with examples of the various aspects of fire risk and fire safety. This is an easy to follow guide for those who have no formal fire training. You can contact us if you have used this guide and tell us how easy you found it to use. Click here 'Contact Us' button and then clicking on the 'General e-mail '.


The Fire Precautions (Workplace)(Amendments) Regulations 1999

The 1997 regulations are designed to provide for a minimum fire safety standard in places where people work, including shared areas. The regulations amend The Management Of Health and Safety at Work Regulations 1992 which require ALL employers to carry out a risk assessment regarding health and safety matters and this must be a written assessment for those employing more than five persons to include Fire Safety as part of the risk assessment. The 1999 regulations now require that those premises with a Fire Certificate are now also required to carry out a fire risk assessment.

  • Every employer shall ensure that he complies with the requirements of these regulations in respect of every workplace which is to any extent under his control.
  • A Fire Risk Assessment should be carried out of every workplace
  • Identify the location of people at significant risk in case of fire
  • Possible sources of ignition should be identified
  • Combustible materials should be identified, the amount should be kept as low as possible in the workplace, the remainder being stored away from the workplace, preferably in a fire-resistant store.
  • Monitoring during maintenance, alteration or refurbishment is essential as heat and combustible materials can be introduced to the workplace.
  • It is essential that all people in the workplace are warned of a fire as quickly as possible. In small workplaces with few staff a shouted warning may be all that is needed provided that it can be heard throughout the workplace. Automatic fire detection and an electrical fire alarm should be considered where there is the possibility of a fire remaining undetected. Automatic detection should also be provided in all workplaces providing sleeping accommodation.
  • Adequate means of escape from fire shall be provided in all existing premises. The means of escape should be designed using the information contained in the 1997 regulations. For new buildings there is an approved document. You will still have to comply with the 1997 regulations. The Means of Escape will cover escape routes, doors, signs and escape times.
  • Provision of fire fighting equipment.
  • Planning for an emergency and staff training.
  • Training and Instruction
  • Maintenance and Testing of Fire Safety Equipment
Fire precautions in Industrial Buildings and Factories are controlled by these regulations and this act lays down certain requirements. Any industrial premises and factory that requires a Fire Certificate will also be subject to The Fire Precautions Act 1971

Fire precautions in Schools and Colleges are now controlled by The Fire Precautions (Workplace) Regulations 1997. Prior to this no specific legislation applied.

Fire precautions in Shops and Department Stores are controlled by these regulations and this act lays down certain requirements. Any shop that requires a Fire Certificate will also be subject to The Fire Precautions Act 1971

 
THE HIGHLY FLAMMABLE LIQUIDS AND LIQUEFIED PETROLEUM GASES REGULATIONS 1972 BACK TO TOP

The Highly Flammable Liquids and Liquefied Petroleum Gases Regulations 1972

 
THE MANAGEMENT OF HEALTH AND SAFETY AT WORK REGULATIONS 1999 BACK TO TOP

The Management of Health and Safety At Work Regulations 1999 require every employer to make and review a suitable risk assessment in order to identify the measures needed to be taken in order to comply with the Fire Precautions (Workplace) Regulations 1997 (as amended). The risk assessment must be recorded where five or more persons are employed.

 
PETROLEUM (REGULATION) ACTS 1928 AND 1936 BACK TO TOP

Petroleum (Regulation) Acts 1928 and 1936 state that if you store more than three gallons in one pint containers you require to be licensed. You can however store two two gallon containers if they are for use in a motor vehicle. Care must be taken when storing any amount of petroleum.
These regulations are likely to change in the near future