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INSTITUTE OF OCCUPATIONAL SAFETY AND HEALTH (HIGHLANDS & ISLANDS BRANCH) FIRE RISK ASSESSMENT Duties, Content, Competence and Consequences Tel: 01252 792088 Email: [email protected] Website: www.cstodd.co.uk Colin Todd Managing Director C. S. Todd & Associates Ltd Why? On whom? What? Who should? What if? BUILDING (SCOTLAND) REGULATIONS 2004 LICENSING LEGISLATION OTHER MISCELLANEOUS LEGISLATION HOUSING LEGISLATION FIRE SAFETY LEGISLATION IN SCOTLAND BUILDING (SCOTLAND) REGULATIONS 2004 LICENSING LEGISLATION FIRE (SCOTLAND) ACT 2005 HOUSING LEGISLATION FIRE SAFETY (SCOTLAND) REGULATIONS 2006 5 Scotland SECTIONS 53 AND 54 OF THE 2005 ACT RA: PART 2 OF THE 2006 REGS PART 3 OF THE 2006 REGS Eurospeak does not read well “Dutyholder” Relevant persons and premises When is a FRA not a FRA? So far as is reasonably practicable Reasonable fire safety measures Significant findings Frequency of review FRA Fire safety measures Fire safety arrangements Competent persons to implement procedures Safety assistance Each employer shall ensure, so far as is reasonably practicable, the safety of the employer’s employees in respect of harm caused by fire in the workplace 10 Each employer shall take in relation to the workplace such of the fire safety measures as are necessary to enable the employer to comply with the duty imposed by subsection (1) 11 Measures to: Reduce the risk of fire Reduce the risk of spread of fire Means of escape Supporting provisions for means of escape IN RELEVANT PREMISES Means for fighting fire Means for giving warning of fire 12 Fire procedures Measures to mitigate fire Instruction and training Other measures required by secondary legislation IN RELEVANT PREMISES 13 Each employer shall carry out an assessment of the workplace for the purpose of identifying any risks to the safety of the employer’s employees in respect of harm caused by fire in the workplace 14 Imposes duties on person having control of relevant premises The person shall take, in relevant premises, reasonable measures to ensure safety of relevant persons in respect of harm caused by fire 15 54(2)(a) The person shall carry out an assessment of the relevant premises for the purpose of identifying any risks to the safety of relevant persons in respect of harm caused by fire in the relevant premises 16 54(4) Includes a person who has, under contract or tenancy, an obligation of any extent in relation to: Maintenance or repair of relevant premises Maintenance or repair of anything in relevant premises Safety in respect of harm caused by fire in relevant premises 17 Regulation 8 Must record information if: (A) Five or more employees are employed (B) Licensing, certification or registration applies (C) Alterations notice in force 18 • Significant findings • Measures taken to comply with legislation • Measures that will be taken to comply (action plan) • Any group of relevant persons especially at risk from fire 19 Regulation 3(1) Regular review to keep up to date Review if: Regulation 3(1) (A) reason to suspect no longer valid (B) there has been a significant change 20 Fire hazard: Fire hazard identification: Fire risk: Fire risk assessment : Source, situation or act with potential to result in a fire (e.g. an ignition source, an accumulation of waste that could be subject to ignition, or disposal of a lit cigarette close to combustible materials). Process of recognizing that a fire hazard exists and defining its characteristics. Combination of the likelihood of the occurrence of fire and the consequence(s) (number and severity of injuries) likely to be caused by a fire. Process of identifying fire hazards and evaluating the risks to people arising from them, taking into account the adequacy of existing fire precautions, and whether or not the fire risk is acceptable without further fire precautions. FIRE FIRE SAFETY (SCOTLAND) (SCOTLAND) ACT REGULATIONS 2005 2006 & 23 PER PAS 79: “......A SYSTEMATIC AND STRUCTURED ASSESSMENT OF THE FIRE RISK IN THE RELEVANT BUILDING FOR THE PURPOSE OF EXPRESSING THE CURRENT LEVEL OF FIRE RISK, DETERMINING THE ADEQUACY OF EXISTING FIRE PRECAUTIONS, AND DETERMINING THE NEED FOR, AND NATURE OF, ANY ADDITIONAL FIRE PRECAUTIONS”. OBJECTIVES OF A FIRE RISK ASSESSMENT 25 Identify Fire Hazards Sources of Ignition, fuel and oxygen Review and revise where necessary Record significant findings and action taken/to be taken Identify People at Risk Evaluate risk and decide adequacy of fire safety measures Review Formulate action plan Assess fire risk Likely consequences of fire Relevant Information PAS 79 (Nine Steps) Assess management Identify hazards & controls Assess likelihood of Fire Determine fire protection measures FIRE HAZARD IDENTIFICATION HAZARD ASSESSMENT POLICY LEVEL H1 H2 H3 H4 ------- HN PRACTICE LEVEL CONTROL MEASURES (FIRE PREVENTION) ACTION PLAN OCCUPANT AND BUILDING FACTORS FIRE PROTECTION MEASURES LIKELY CONSEQUENCES ASSESSMENT MANAGEMENT FACTORS C1 C2 C3 C4 ------- CONSEQUENCES POLICY LEVEL CN PRACTICE LEVEL FIRE RISK ASSESSMENT FIRE RISK ASSESSMENT VERSUS CERTIFICATION 30 31 FIRE HAZARD IDENTIFICATION HAZARD ASSESSMENT POLICY LEVEL H1 H2 H3 H4 ------- HN PRACTICE LEVEL CONTROL MEASURES (FIRE PREVENTION) ACTION PLAN OCCUPANT AND BUILDING FACTORS FIRE PROTECTION MEASURES LIKELY CONSEQUENCES ASSESSMENT MANAGEMENT FACTORS C1 C2 C3 C4 ------- CONSEQUENCES POLICY LEVEL CN PRACTICE LEVEL Ow! Too HOT!! Ugh! Too COLD!! Yummy! Just RIGHT!! SLIGHT HARM MODERATE HARM EXTREME HARM LOW TRIVIAL RISK TOLERABLE RISK MODERATE RISK MEDIUM TOLERABLE RISK MODERATE RISK SUBSTANTIAL RISK HIGH MODERATE RISK SUBSTANTIAL INTOLERABL RISK E RISK 34 RISK LEVEL ACTION AND TIMESCALE Trivial No action is required and no detailed records need be kept. Tolerable No major additional controls required. However, there may be a need for consideration of improvements that involve minor or limited cost. It is essential that efforts are made to reduce the risk. Risk reduction measures should be implemented within a defined time period. Moderate Where moderate risk is associated with consequences that constitute extreme harm, further assessment may be required to establish more precisely the likelihood of harm as a basis for determining the priority for improved control measures. 35 RISK LEVEL ACTION AND TIMESCALE Considerable resources may have to be allocated to reduce the risk. If the building is unoccupied, it Substantial should not be occupied until the risk has been reduced. If the building is occupied, urgent action should be taken. Intolerable Building (or relevant area) should not be occupied until the risk is reduced 36 PURELY TICK BOXES A HOUSEKEEPING AND MAINTENANCE AUDIT A FAULT LIST AND/OR ACTION PLAN LIMITED TO FIRE PROTECTION MEASURES (MEANS OF ESCAPE ETC.) FIRE SAFETY POLICEMEN: DIXON OF DOCK GREEN OR THE SWEENEY? ONLY A BENCHMARK SHOULD NOT BE APPLIED PRESCRIPTIVELY SECTOR GUIDES LINK WITH TECHNICAL HANDBOOKS UNDER BUILDING (SCOTLAND) REGULATIONS YOU MUST BE JOKING! THE “DUTYHOLDER” RESPONSIBILITY FOR ADEQUACY CANNOT BE DELEGATED FOR SMALL PREMISES, THE DUTYHOLDER IS BEST PERSON IN PRACTICE, DUTYHOLDER SEEKS A “COMPETENT PERSON” SCOTTISH GOVERNMENT SECTOR SPECIFIC GUIDES PAS 79 THE FIRE RISK ASSESSMENT COMPETENCY COUNCIL HAS PUBLISHED TWO GUIDES THE FRA CC COMPRISES 35 STAKEHOLDERS THE FIRST GUIDE IS A COMPETENCE STANDARD FOR FIRE RISK ASSESSORS THIRD PARTY CERTIFICATION SCHEMES: PERSON CERTIFICATION COMPANY CERTIFICATION TRADE ASSOCIATION MEMBERSHIP IFE REGISTER IFSM REGISTER IFPO REGISTER WARRINGTON CERTIFICATION SCHEME WARRINGTON CERTIFICATION (1 FIRM) BAFE SP 205 SCHEME (19 FIRMS) IFC CERTIFICATION (0 FIRMS) MEMBER COMPANIES LISTED FOR FRA SIGN COP FROM APRIL 2011: COMPANY FIRE RISK ASSESSORS MUST BE ON THE REGISTER COMPANY MUST MEET CERTAIN QMS REQUIREMENTS FROM OCTOBER 2014: ALL FRA MEMBERS MUST BE THIRD PARTY CERTIFICATED BY UKAS ACCREDITED CERTIFICATION BODY POTENTIAL PROSECUTION OF DUTYHOLDER POTENTIAL PROSECUTION OF RISK ASSESSORS POTENTIAL FOR DEATHS OR SERIOUS INJURIES ONE FAILURE TO COMPLY WITH A PROHIBITION NOTICE ONE FAILURE TO COMPLY WITH AN ENFORCEMENT NOTICE IF FIRE SAFETY MEASURES INADEQUATE, FRA IS EASY TARGET SHELL : £300K + £45K COSTS FOR FAILURE TO REVIEW FRA NEW LOOK : £400K + £136K COSTS [£250K FOR FRA] PENHALLOW HOTEL : THREE DEATHS. COMPANY FINED £80,000 WITH £62,000 COSTS FOR ABSENCE OF FIRE RISK ASSESSMENT AND INADEQUATE FIRE ALARM SYSTEM COMPANY BUCKROSE COURT, NORTH YORKSHIRE: TWO DEATHS. LANDLORD IMPRISONED FOR 12 MONTHS. CHARGES INCLUDED FAILURE TO CARRY OUT A FIRE RISK ASSESSMENT. JUDGE FOUND THAT “DEATHS WOULD HAVE BEEN SIGNIFICANTLY LESS LIKELY BUT FOR THE BREACHES”. ROSEPARK: RISK ASSESSOR ADMITTED FAILINGS. SHERIFF PRINCIPAL AT FAI FOUND THAT: “IT WOULD HAVE BEEN A REASONABLE PRECAUTION FOR THE MANAGEMENT OF ROSEPARK TO HAVE UNDERTAKEN A SUITABLE AND SUFFICIENT FIRE RISK ASSESSMENT. HAD THIS PRECAUTION BEEN TAKEN, THE ACCIDENT AND SOME OR ALL OF THE DEATHS MIGHT HAVE BEEN AVOIDED.”