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The most important question - Are you the 'responsible person' ?

The requirement for employers to assure the safety of staff under the Fire Precautions (Workplace) Regulation 1997 as amended 1999 has ceased.

However the principles of the new RR(FS)O are based on those of the ‘Workplace’ legislation. That base principle being the requirement for fire risk assessment and self-administration of fire safety standards.

The new law now extends the current ‘Workplace’ requirement from the employer in a place of work to just about all buildings (other than individual residences and some other minor exceptions).

The definition of accountability is changed from the ‘employer’ to the ‘responsible person’.
 

Responsible Person

The ‘responsible person’ can be defined as an individual and organisation that has control over the premises and whereas before some ambiguity may have existed in terms of liability, particularly in multiple use buildings, the new law makes responsibility clear in this respect and more generally:

It affects anyone who is:

• responsible for business premises
• an employer
• self-employed with business premises
• a charity or voluntary organisation
• a contractor with a degree of control over any premises

It covers all types of business premises including shops, offices, factories, warehouses, theatres, hotels, and multi-tenure domestic buildings.

A further significant change relating to the workplace is that under the ‘Workplace Regulations’ the liability extended to employees with other occupant safety covered in more general duty of care responsibilities of the Health and Safety Regulations.

The Regulatory Reform (Fire Safety) Order 2005 now extends the responsibility of the ‘responsible person’ to all occupants of the premises and beyond particularly where the premises or their surround is under the control of the ‘responsible person’.

Also, there is a duty to co-ordinate and co-operate with others that may be affected by the building or its process.