Health & Safety Update (July 2008)
Have you undertaken your Fire Risk
Assessment?
Occupiers of premises still don't seem to understand their
responsibilities under the Regulatory Reform (Fire Safety) Order
2005 (RRO), which came into force in October 2006.
Many companies still see fire safety as a one-off or once a year
task. They still do not see the need to build fire safety
management into their everyday business work practices as they do
with health and safety. However, the fire safety reforms have
brought about the need for a culture change and this does not
happen overnight. Too many businesses still think that because they
once had a fire certificate and their circumstances haven't
changed, they are still complying with fire safety law. This is not
the case.
What are the consequences?
Case One
Two fire-fighters died whilst tackling a large fire at an
East-Sussex based Firework Company in 2006.
The owners of the company were arrested and were charged with
two counts of manslaughter. The fire and resultant explosion killed
the two men and injured twelve others.
Another company pleaded guilty to four fire safety breaches and
has been ordered to pay £17,000 in fines and costs by West London
Magistrates Court.
The company's fire safety breaches were exposed by a major blaze in
Hammersmith last year, and it has been prosecuted by the London
Fire Brigade.
The fire started in a first floor flat above a café in April
2007. It took eight fire engines and around 40 fire-fighters to
tackle the blaze.
The residents were trapped as their single route of escape was
blocked by the fire. The smoke and fire spread through the property
quickly as the fire doors and fire detection system had not been
maintained correctly. Two of the residents escaped the burning
dwelling by climbing over a first floor roof, assisted by
neighbours. A third had to drop from the second floor to the first
floor terrace. Fire-fighters rescued the fourth by means of a
ladder.
The Fire Safety Team found numerous breaches of fire safety
regulations following the fire. The company pleaded guilty to four
breaches of the RRO. They were:
- failing to maintain a fire alarm;
- failing to maintain a fire door;
- Two charges of failing to provide a safe means of escape.
The Assistant Commissioner for Fire Safety Regulation, said,
"Businesses have to understand that they must take their
responsibility for fire safety precautions seriously. If they don't
we will use the full force of the law."
Case Two
A Suffolk hotelier who put the lives of guests at risk by
flouting fire safety regulations has been ordered to pay fines and
costs totalling more than £200,000. The Judge described the
hotelier's failures as "woeful" and stated that the accused should
have been aware of the need to comply with fire regulations - a
basic duty of all responsible occupiers. Structural alterations to
rooms and landings had been made that seriously compromised escape
in the event of a fire. There was inadequate emergency lighting on
staircases to help people escape in the event of a fire and no
regular testing of the fire alarm at the hotel. A door to the
hotel's boiler room also failed to comply with fire safety
standards and the key to a fire exit in the kitchen which should
have been left unlocked or easy to open if it was locked was found
in the reception area.
After the hearing Suffolk Fire and Rescue Service's Divisional
Officer said:
"This sends a very clear message to businesses providing
accommodation to the general public that it is their responsibility
to ensure the safety of anybody staying on their premises. Suffolk
Fire and Rescue will enforce serious breaches of fire regulations
because there can be no compromise on fire standards in making
Suffolk safer."
Case Three
A pub landlord has been successfully prosecuted for ten separate
breaches of fire safety legislation, which meant his pub had failed
to meet the legal standards for fire safety.
A routine inspection of the pub by Fire Safety Officers
identified serious breaches of fire safety precautions in the
premises. These breaches included:
- No fire risk assessment was carried out for the premises;
- No fire protection was provided for fire escape routes;
- No fire alarm system was in place;
- Fire escape routes were obstructed;
- No fire drill training was given to members of staff;
- Emergency lighting systems did not work;
The court was informed that these breaches presented a serious
and life-threatening risk, not only to the staff who worked there
but also to the members of the public who visited the premises.
In summing up, the Magistrates reinforced the seriousness of the
case and attributed this to a clear failure on the part of the
landlord to comply with the responsibilities imposed on him under
the Order, and his failure to address inadequate fire safety
provisions. He was fined £4,000 plus £3,984 costs.
The Fire Safety Technical Support Officer, said:
"We are very pleased that the courts have acknowledged the
serious nature of this case. This prosecution was brought about
under the RRO, which came into effect in October 2006. Although
fire and rescue services are no longer required to issue fire
safety certificates, we continue to carry out a rigorous inspection
programme of commercial premises to ensure they are meeting the
standards required by the Order. We strongly advise that anybody
who employs staff or has responsibility and control of commercial
premises must ensure that the responsibilities placed upon them by
the RRO are properly discharged."
Mentorcan carry out Fire Risk
Assessments with you so that you can discharge your duties under
the RRO. Call us on 0800 634 7001 for further information on our
Fire Risk Assessment Service and the other additional services we
provide, which include Risk Assessment Training.
In the meantime, if you have any general Health &
Safety queries, please call the Mentor Health & Safety Law
Advice Line on 0800 634 7000 or speak to your Health
& Safety Consultant direct.