Fire safety Fiire risk assessment Compliance
Articles by David Adkins
A number of shocking incidents involving fire have highlighted the need to better manage risks in buildings. David Adkins, managing director at Risk Warden, explains why some organisations need to give compliance with statutory regulations more focus and how the use of state-of-the-art online risk assessment tools can help to ensure that a building is as safe as possible. The Grenfell Tower disaster in London, in which 72 people lost their lives, brought the subject of fire safety into sharp focus. A government review into building regulations in the wake of this tragedy, led by Dame Judith Hackitt, made it clear that competence – defined as a combination of knowledge, skills and experience – underpins safety for all. It also found that that the current regulatory system is not fit for purpose and, with little or no quality monitoring, has created a situation where poor language confuses guidance with regulation and means that there is an overlapping regulatory enforcement framework. Why you need a fire safety action plan Sadly, Grenfell was not an isolated incident and similar events have occurred throughout the world. In 2017 a fire at a 17-storey commercial building in Iran led to multiple deaths, including those of 18 firefighters, while in 2015 16 people died in a fire in a residential building in Azerbaijan. Perhaps what is most concerning is that these types of events have been regularly occurring for many years – in 2010 a fire in a 28-storey tower block in China killed 53 people and injured at least 90, while in 2004 a fire at a care home in Scotland led directly to the deaths of 14 residents. The inquiry concluded that this tragedy could have been prevented by a suitable fire safety action plan. These examples highlight why it is vital to take the issue of safety seriously by undertaking a formal risk assessment. Put simply, if risks aren’t identified, a building’s occupants are in danger. There are a number of important pieces of legislation relating to this area in the UK including The Workplace (Health, Safety and Welfare) Regulations 1992, which contain a consistent set of requirements. Employers also have a general duty under the Health and Safety at Work etc Act 1974 to ensure the health, safety and welfare of their employees at work. The Grenfell Tower disaster in London, in which 72 people lost their lives, brought the subject of fire safety into focus Responsibility for fire risk assessment When it comes to the dangers associated specifically with fire, the Regulatory Reform (Fire Safety) Order 2005 (RRFSO) places the onus on a designated responsible person within an organisation to carry out regular assessments to identify, manage and reduce the potential danger posed by fire. Article 9 of the RRFSO states that "The responsible person must make a suitable and sufficient assessment of the risks to which relevant persons are exposed for the purpose of identifying the general fire precautions he/she needs to take to comply with the requirements and prohibitions imposed on him/her by or under this order". Any failure that leads to loss of life, personal injury or damage to property will expose a responsible person and could lead to prosecution. Outside fire risk assessors If the responsible person does not have the knowledge to carry out a fire risk assessment on his or her own, it will be necessary to call on a competent outside fire risk assessor. However, as Article 18 of the RRFSO points out, "Preference is to be given to a suitable competent person in the responsible person’s employment over a person not in their employment". Just as importantly, it states that, "A person is to be regarded as competent where they have sufficient training and experience or knowledge and other qualities to enable them properly to assist in undertaking the preventive and protective measures". If an outside fire risk assessor is employed then the responsible person must undertake due diligence to ensure that the individual concerned is competent and has successful track record in this line of work. Failure to do so can have enormous repercussions like, for example, in 2017 when a former firefighter and professional fire risk assessor was given a sentence of four months in prison suspended for 12 months for providing a ‘woefully inadequate’ fire risk assessment in his capacity as a private consultant. Failure to undertake due diligence when employing a fire risk assessor can have legal consequences Monitoring and reviewing fire risk It is up to the responsible person to put processes and procedures in place to enable compliance to be fully evidenced. This includes keeping up to date records of testing and maintenance regimes that can be scrutinised by relevant enforcement authorities, as well as enabling the responsible person to monitor, control and periodically review the fire risk assessment, especially during and after significant changes to the use or layout of a building. At the moment there are no hard and fast rules as to how fire risk assessments should be carried out. However, the most important requirement is to identify the fire hazards and how people could be at risk. In addition, emergency routes and exits, fire detection and warning systems, fire fighting equipment, the removal or safe storage of dangerous substances, and the needs of vulnerable people such as the elderly or those with disabilities must be factored in. The aim should always be to remove or reduce the risks as much as is 'reasonably practicable'. A failure to provide satisfactory evidence that a comprehensive risk assessment has taken place could result in invalid insurance, large fines and even the prosecution of any individuals responsible. To that end Article 11 of the RRFSO states that "The responsible person must make and give effect to such arrangements as are appropriate, having regard to the size of his/her undertaking and the nature of its activities, for the effective planning, organisation, control, monitoring and review of the preventive and protective measures". Today’s state-of-the-art solutions are structured around an intuitive internet-based interface Risk assessment and compliance tools Sometimes, particularly with large buildings or campus environments, the complexity of the risk assessment process requires a more methodical approach that takes subjectivity out of the process. When it comes to satisfying the requirements of Article 11 of the RRFSO where "the responsible person must record the arrangements", the latest generation of intuitive risk assessment and compliance tools can help. Today’s state-of-the-art solutions are structured around an intuitive internet-based interface, which allows a responsible person to be guided through the entire risk assessment process in a clear and thorough manner. This is a significant improvement on the old fashioned ‘pen and paper’ approach, as digital images can be captured and placed directly into a report at the relevant section, while templates for specific building types ensure consistency throughout. This simplifies the identification, management and prevention of any risks related to not only fire, but security, and health and safety too, thereby reducing the potential for danger within a wide variety of environments. It should always be remembered that the risk assessment is only the first stage of the process and where traditional methods often fall down is in taking – or not taking, as the case may be – any necessary remedial action. Online tools provide a more cohesive approach, as once the risk assessment has been completed all work undertaken is clearly outlined, logged and accounted for to comply with audits. This provides evidence of compliance and ensures organisations meet their legal obligations, validate their insurance, take a consistent approach to risk management and provide peace of mind for a responsible person. Making buildings safer There is a clear need for a digital record of risk assessment compliance for the whole life of a building – from design and construction through to occupation. As assessing risk can be a lengthy and complicated process, anything that makes this easier and enhances an organisation’s ability to negate the likelihood of injury or even death should be embraced. It stands to reason that risk management must be more strictly applied in order to prevent incidents that could be avoided – therefore, the use of online risk assessment and compliance tools should be at the forefront when it comes to making buildings safer.