The Role of the Responsible Person

DEFINITIONS

Responsible Person

This is the person who owns the premises or business or the person with control over the premises, business or activity.

Where two or more persons share responsibility, (e.g. tenant/landlord, multiple tenancy building or adjacent premises), the responsible persons must co-operate, share information and collaborate to provide measures.

Competent Person

Anyone appointed by the responsible person and could be anyone from accompany fire warden to a fire alarm service engineer. They may be directly employed or a subcontract, but the important word is competent.

Relevant Person

Anyone who is not an employee, but is legally on the premises or anyone who is not on the premises, but who may be affected.

Employee

This has a broad definition and can include sub contractors, self-employed and casual workers.

Inspector

Person appointed by the enforcing authority (normally a Fire Officer from the local Fire Service).

Enforcement

Failing to comply with Articles 8 through 21 and 38 may result in a fine or up to two years in prison. Articles 8 through to 21 cover all main provisions from carrying out risk assessments to maintenance and training

Fire Risk Assessment

The cornerstone of the Order is the risk assessment. This must be reviewed regularly and, if necessary, amended. It must be formally recorded if the responsible person(s) employs 5 or more people, the premises are licensed or the inspector requires it.

Maintenance

All equipment provided for the purpose of fire safety, or for the used or protection of fire fighters, must be maintained and kept in good order.

ROLES

As the responsible person, you must ensure the safety of your employees and any person who may legally come onto your premises, or any person not on the premises who may be affected. (Article 8. (a) & (b)).

Where you share responsibility with other responsible persons, (e.g. adjacent premises, tenants/landlords or multiple tenancy building), you must co-operate sharing information and collaborating in providing measures. (Article 22).

Means of Escape

You must provide means of escape, (Article 4.(1)(b)) and ensure that they are available at all times. (Article 4.(1)(c)).

1. Escape Routes and Exits

Escape route and exits must be established and always available, doors must be open in the direction of escape, no sliding or revolving doors, adequate in size and provided with emergency lighting and signs. (Article14.(1) & (2) )

2. Signs and Notice

Appropriate signs and notices must be provided:

- Giving appropriate instruction to employee’s, (Schedule 1 Part 3(h)), including fire action notices. (Article 15.(1)(a) & 15.(2)(a)).

- Indicating the position of extinguishers (Article 13.(1)(b))

- Indicating emergency routes and exits. (Article 14.(2)(g))

3. Fire Detection and Alarm

An appropriate fire detection and alarm system must be provided, (Article 13.(1)(1), 4(1)(e) and 15.(2)(a) & (b)). The type and extent of the fire alarm would be subject to the requirements of the risk assessment.

4. Emergency Lighting

Escape routes must be provided with emergency lighting (Article 14.(2)(h)).

5. Compartments and Doors

You must take measures to reduce the risk of the spread of fire. This can be taken as ensuring all fire resisting walls and doors are kept in good order, walls are not breached and fire doors have appropriate seals and closing devices. (Article 4.(1)(a)).

Fire Fighting

You must provide appropriate fire fighting equipment, (Article 4.(1)(d), 13.(1)(b) & 13.(3)(a)). In general this means portable extinguishers, but may include hose reels and sprinklers where appropriate.

Maintenance

Any and all equipment installed for the purposes of fire safety must be maintained in good working order. (Article 17.(1) & (2)).

The person who does the maintenance must be competent, (Article 18.(1) through (8). You may need to provide evidence that they are, e.g. ISO9001 certified, BAFE Approved, etc.

Training

All employees must be given adequate training, including “action to be taken”, when they commence employment and receive refresher training as appropriate. Further training would be required if there were any change that may affect fire safety, e.g. change of work, new systems or alterations to the building. The training should be provided during normal working hours. (Article 4.(1)(f)(i), 15(2)(a), 21.(1) & (2) and Schedule 1 Part 3(h)). The employer must carry out regular fire drills. (Article 15.(1)(a) & (b)).

N.B. Fire wardens are nominated competent persons.

You must appoint competent persons to:

- Carry out fire fighting duties (Article 13.(3)(b)).

- Make contact with emergency services. (Article 13.(3)(c)).

- Assist in evacuations. (Article 15.(1)(b)).

 

Employee Rights and Responsibilities

You must ensure that any person you employ, (directly or indirectly), is provided with all information related to fire safety. (Article 19. & 20). You must consult with your employees with regard to fire safety issues. (Article 41.(1) & (2)).

You cannot charge an employee for anything you do, e.g. training or providing equipment, (Article 40.), but if an employee loses money because you have failed to comply with the Order, he can recover his loss from you. Article( 39.(2)).

Documents and Records

1. Policy

You must:

- Develop a policy minimising risk. (Schedule 1 Part 3(f)).

- Reduce the risk of outbreak of fire. (Article 4.(1)(a)).

- Reduce the risk of spread of fire. (Article 4.(1)(a)).

- Provide means of escape. (Article 4.(1)(b)).

- Demonstrate preventative action. (Article 10. & Schedule 1 Part 3).

2. Procedures

You must set up a procedure for dealing with a fire, including regular fire drills.

The procedure shall identify the circumstances that trigger the emergency. Who and how

The evacuation should take place and when people should be readmitted.

(Article 15.(2)(a), (b)& (c)).

In addition, procedures should be established to:

- Ensure that the means of escape are available at all times. (Article 4.(1)(c)).

- Provide fire extinguishers. (Article 4.(1)(d)).

- Give appropriate instruction to employees. (Schedule 1 Part 3(h)).

- Ensure people from outside organisations are properly controlled and informed (Article 20), e.g. permits to work, signing in and out, induction training.

3. Fire Risk Assessment

(b) If there is a licence in force. (Article 9.(6)(b)).

(c) An alterations notice requires you to do so. (Article 9.(6)(c)).

The risk assessment must record the significant findings and the measures made or to be made. (Article 7).

You must review the risk assessment regularly and where a change may affect fire safety such as a change of work activity, alteration to the building or a change in its use, the risk assessment must be amended accordingly. (Article 9.(3)).

4. Fire Safety Arrangements

You must have a system for managing fire safety. (Article 11). This must be recorded if you:

(a) Employ five or more people. (Article 11.(2)(a)).

(b) If there is a licence in force. (Article 11.(2)(b)).

(c) Are subject to an alterations notice. (Article 11.(2)(b)).

5. Records

You are strongly recommended to make and keep records. By keeping records you can prove you have acted reasonably but if you do not keep records it leaves the matter open to doubt. A simple logbook may suffice.

Records should include reviews of the fire risk assessment, (Article 9.(3)), fire safety policy, procedures or arrangements, (Article 11.(1)(c)),training records, drills, certificates for the installation and maintenance of any fire safety systems or equipment. The inspector can demand to see the records.

Enforcement

Enforcing Authority

Your enforcing authority is probably the local fire service. (Article 24.(a)). However, there are other enforcing authorities:

- HSE - Nuclear installations, ships under construction and building sites. (Article 25. (b)).

- MOD Fire Service - Military and Defence establishments. (Article 25.(c)).

- Local Authority - Sports Ground and Stadia. (Article 25(d)).

Inspectors

In most cases your inspector would be an officer from the local fire service. An inspector has the right to:

- Walk into your premises or workplace if he is inspecting it but cannot force entry.

- Make enquiries to establish the limits of the premises and who the responsible persons are.

- Inspect or take copies of any records.

- Take samples.

Penalties

If you are convicted of failing to comply with Articles 8 through to 21 and 38, you may be subject to a fine or a term of imprisonment not exceeding two years. Articles 8 through 21 cover all the main provisions referred to above.