Working out who is responsible for fire safety..

Fire Safety Legislation can be confusing. I hope this article helps unravel the mysteries.

Working out who is responsible for fire safety.

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Misconceptions exist about fire safety responsibilities at work. Steve Morris, of Xact Training, has noticed a lack of understanding over the issue from his work with customers within the field, including employers, employees, risk assessors and the Fire Service.

Here Mr Morris answers some frequently-asked questions about where responsibility for fire safety in buildings lies:

What is the Duty Holder responsible for?

Generally, the employer ( Duty Holder) is responsible for the fire safety of all who are lawfully on or near the premises (Relevant Persons ). These include employees, visitors, contractors, members of the public and any person in the immediate vicinity, such as people walking past. Operational fire fighters at incidents are not included.

In multi-site organisations, head office may delegate managers to be Duty Holders at their branches. Or responsibility may be shared, for example, between branch manager, area manager or company secretary, depending on the extent of control each has. i.e. they must have the authority and funds at their disposal to resolve matters.

If the manager does not have the authority to arrange repairs to, say, a defective fire alarm, then responsibility falls on the person above him or her who does. Allocation of responsibility must be documented. Without appropriate documentation, the company secretary is responsible in a limited company.

Is it permissible for Duty Holders to designate aspects of their role to others?
Yes, the DH may nominate Competent Persons (CP). For instance, an DP may nominate others to assist as fire marshals or wardens with responsibility for evacuation; Or an engineer might be entrusted with ensuring the fire alarm is suitable.

The DH must ensure CPs have the ability to carry out their tasks i.e. they must be properly competent, trained and equipped. Please bear in mind that delegating tasks falling within the DH’s remit does not absolve a person from responsibility in law. It is down to the RP to put sufficient checks in place to ensure the delegated responsibilities are carried out correctly because, if CPs fail to carry out their tasks, the DH will normally be held responsible.

Do employees have responsibility?

Yes, employees must take reasonable care for the safety of themselves and others who may be affected by their acts or omissions at work e.g. wedging open a fire door. Employees must receive training from the DH.

Who is responsible for fire safety in multi-occupied premises? This may be shared by several people.

The landlord/owner may be responsible for common areas with each occupier responsible for the areas they control. The fire alarm may be the sole responsibility of the landlord/owner if it is common to the entire premises. A tenancy agreement should identify who is responsible for each area of fire safety. All occupiers have a duty to take reasonable steps to co-operate and co-ordinate with each other.

If Occupier A does not co-operate with Occupier B, it does not absolve Occupier B from their fire safety responsibilities. They must take steps to ensure Relevant Persons in their part of the premises are safe.

Who is responsible for fire safety when there is no employer?

The person in control of the premises, e.g. the person paying the rent or the landlord/owner.

Who is responsible for fire safety in an unoccupied building?

This is normally the owner of the building.

For free advice call 01259 216713

Fire isk Assessments & Training Ltd