Do you know where your nearest fire exit is?

Andrew McFarlane, from DM Hall, Chartered Surveyors, explains why It's time to familiarise yourself with the new fire safety laws.

If a fire were to break out at your workplace, would you know where your nearest fire exit is? When did you last consider what to do in the event of a fire at work?.

If you're struggling to answer either of these questions, then it's time to familiarise yourself with the new fire safety laws that came into force on October 1st 2006.

That's because the Fire (Scotland) Act 2005 requires those with responsibilities - such as owners, employers, employees, managers and other occupiers of non-domestic premises - to take steps to prevent and reduce the impact of fire, even if they have never previously held such responsibilities.

As such, the new legislation extends the shift towards fire safety being risk assessed by employers rather than prescriptively enforced by fire authorities and abolishes the obligation to obtain a fire certificate.

But if self-regulation is to work, then it is vital that the responsible person elected to manage fire safety for a business fully understands and acknowledges their responsibility for fire risk assessment.

The new legal duties seek to achieve safety through seven general requirements: carrying out a fire safety risk assessment of the premises; identifying the fire safety measures necessary as a result of the fire safety risk assessment outcome; implementing these fire safety measures using risk reduction principles; putting in place fire safety arrangements for the ongoing control and review of the fire safety measures; complying additionally with the specific requirements of the fire safety regulations; keeping the fire safety risk assessment and outcome under review and record keeping However, in some businesses, the fire risk assessment has, in practice, suffered the same fate as many a previous fire certificate - placed in a filing cabinet and quickly forgotten.

But the new legislation makes it clear that the responsible person is responsible for ensuring that the fire risk assessment is carried out, is in suitable form and that its recommendations are implemented so that fire precautions are adequate.

The competent person may be someone from within the company, or someone employed from outside the business to carry out the fire risk assessment.

If responsibility is outsourced, the fire risk assessor joins the shared responsibility and becomes a responsible person, though it is essential that the business remains involved and supports the production of the fire risk assessment.

For most premises the fire risk assessment is the key to managing fire safety, with the Building Standards providing the required level of structural fire protection and means of escape.

Risk assessment is intended to minimise the probability of risk and to reduce its cost by the avoidance of loss.

This leads to safer practices and premises, with staff more aware of the dangers that can arise from fire.

The new legislation will be enforced by officers from the fire authorities, the Health and Safety Executive and from local authorities.

These enforcement officers will have the power to enter premises for the purpose of inspection and can require that information, documents or records be produced.

They can serve a prohibition notice on the occupier of the premises where it is considered that use of the premises will involve such a serious risk that it should be prohibited or restricted; or an enforcement notice where it is considered that a person has failed to comply with their duties under the legislation.

Failure to carry out duties imposed by the legislation is an offence, and where the breach could put people at risk of death or serious injury, a person found guilty can be fined up to £20,000 - or face imprisonment for up to two years.

Other less serious breaches could result in a fine of currently up to £5000.

The hope is that the new legislation will improve public safety because, in Scotland, in 2004, there were 17 people killed and 120 injured in non-domestic premises.

These grim statistics will only be reduced if more businesses start assuming real responsibility for fire safety in the workplace.

So, if you're responsible for fire risk assessment in your workplace and you're still uncertain about what to do in the event of a fire at work, then you'd best take action now - or risk a heavy fine or even imprisonment.

Andrew McFarlane is a Partner in DM Hall, Chartered Surveyors, and a specialist in building surveying.

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