Fire risk assessment (content and assessor competence) Alan Peek DMS, MI FireE Fire Safety Adviser Blackpool Council

Transcription

1 (content and assessor competence) Alan Peek DMS, MI FireE Fire Safety Adviser Blackpool Council

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3 The Regulatory Reform (Fire Safety) Order 2005 Consolidates over 100 pieces of primary legislation and regulations in respect of fire safety Came into effect on the 1 st October 2006

4 Aims Reduce burdens on businesses caused by overlapping enforcement regimes To create a single regulatory regime for fire safety Based on the principles of Risk Assessment

5 Scope The order applies to virtually all workplaces with the exception of single private dwellings being used as such It applies to any relevant person ie a person lawfully on the premises, and their safety should be considered in the event of a fire

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7 Fire Safety What is it? Is it just meeting legal obligations? How do you know you have?

8 Article 3 The Responsible Person- who is it? May be a company or body In a workplace it is the employer! If not a workplace may be the person with control, eg managing agent or owner Any other person who has to any extent control, by contract or tenancy agreement

9 What is required? Article 4, places a requirement on employers to ensure general fire precautions are complied with, this means: Reduce the risk of fire Provide adequate Means of Escape (MoE) Ensure MoE is available at all material times

10 What is required?

11 Definition: Fire risk assessment Means of Escape A structural means whereby a safe route is provided for persons to escape from fire by their own unaided efforts from any point in a building to a place of safety without outside assistance.

12 What is required?

13 What is required?

14 What is required?

15 What is required?

16 Provide portable fire fighting equipment Provide means of giving warning (fire alarm) Provide appropriate training for employees How do we achieve this?

17 Who carries out the Fire Risk Assessment? The responsible person? Article 3(a) provides that in a workplace the employer is the responsible person if the workplace is under the employer s control

18 If the premises are not a workplace, or are a workplace but are not under the employer s control, the responsible person is determined by whether the person who has control over the premises does so in connection with the carrying on of a trade, a business, or undertaking (whether or not for profit)

19 If so, article 3(b)(i) provides that the person with control is the responsible person If not, article 3(b)(ii) provides that the owner is the responsible person Article 5(3) extends the responsible person s duties to include any other person to the extent that they have control of the premises

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21 Responsible Persons should note that reference to the term any contract is not intended to be limited to those in respect of the occupation of property, e.g. a lease or license to occupy, but would include a contract for the installation and/or maintenance of a fire alarm system or a fire sprinkler system.

22 In many cases there will be more than one person subject to the obligations of a responsible person for premises The level of responsibility may vary according to the employment position (total responsibility for an employer) and the degree to which the person can exercise control over safety in the premises

23 This is deliberate to allow enforcement action to be taken against the person who is culpable and/or in a position to remedy contraventions

24 Enforcement action may be taken against one or more responsible persons. For example, if an employer has no control over the area or matter in question and a fire precaution is not being properly maintained by a landlord it may be more appropriate to address enforcement measures to the landlord who does have control

25 For example, where an owner s acts or omissions jeopardise the safety of employees, may be by causing an obstruction to the means of escape, the employer, as a responsible person, must call upon the owner, who has similar obligations to cooperate and co-ordinate to do what is necessary in line with their responsibilities as responsible persons

26 Where an employer has acted reasonably and can demonstrate that fact, and where the fault lies with the owner it would be reasonable to consider taking action against the owner alone 3 rd Parties are at risk,ie Contractors, independent fire risk assessors However, action may be appropriate against more than one person

27 Why use a 3 rd Party Risk Assessor? Risk Transfer Use of a 3 rd Party Risk Assessor does not mean responsible persons have transferred the risk, as shown previously the responsible person could still be in the frame. As a user of the premises you are more likely to be familiar with on site hazards and risks

28 Other Considerations They are Competent How do we know they are? What can you do to ensure competence?

29 (content and assessor competence)

30 (content and assessor competence) What is required? Carry out a suitable & sufficient fire risk assessment! It does not have to be complicated, just suitable and sufficient You know your premises and you know the risks! Does your independent fire risk assessor?

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32 The Blackpool Model Based on PAS 79 (A generally accepted format for completing a fire risk assessment) Comprises 2 elements, a management section, and a building assessment, completed by specialist building surveyor

33 Managers look primarily at occupancy and procedures, identifying hazards and considering the suitability of control measures,also paying attention to the active measures installed within their buildings, ie Fire Alarm, Emergency Lighting, etc from this using a risk matrix, they assess the risks to employees and may make adjustments to procedures

34 Qualified Building Surveyors from Asset Management complete an assessment of the physical fabric of the building and identify constructional issues beyond the capability of in house managers. From there any recommendations are transferred to the action plan of the FRA and addressed accordingly

35 Audit trail Fire risk assessment What else is Considered? Adequate record keeping Fire Alarm Emergency Lighting Portable firefighting equipment Sprinkler systems Associated safety equipment Staff training

36 Questions?