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Much has already been said in these pages regarding Fire Risk Assessments but the legal requirements for Risk Assessments in your place of work doesn’t stop there.
Regulations
The Control of Substances Hazardous to Health (COSHH) Regulations 2002, also requires you to ensure chemicals and dangerous substances stored, used or sold from the workplace are stored and handled in a way that minimise the attendant risk to employees and visitors of exposure to these substances. You must also ensure that you also minimize the risk of environmental damage through leaks and spills.
DSEAR (Dangerous Substances and Explosive Atmospheres Regulations 2002) is a further set of regulations concerned specifically with protection against risks from fire, explosion and similar events arising from dangerous substances used or present in the workplace.
Risk assessment
As with Fire Risk Assessments the COSHH and DSEAR risk assessment require employers (and the self employed) to conduct a detailed examination of the work place and working practices to identify any dangerous substances present or liable to be present in the workplace; the work activities involving them and an assessment of any risks (like sources of ignition) that may cause a fire, explosion and similar events that have potential to harm employees and the public.
Conducting a Risk Assessment requires a combination of knowledge of the substances used in the workplace, the hazards they pose and a fairly common sense approach to what constitutes a risk. It is then a case of implementing precautions that minimise this risk. Some typical examples are given below.
Store hazardous chemicals in accordance with manufacturer’s instructions in an appropriate container or cabinet clearly marked with a Hazard warning label. A range of cabinets designed to meet COSHH and DSEAR regulations are available.
Store the minimum quantity of hazardous substances necessary.
Look at the manufacturer’s safety data sheet and store incompatible substances separately.
Keep a spill kit close to storage areas to contain and clean up and leaks or spills that occur. Most approved flammable liquid and COSHH storage cabinets have inbuilt spillage sumps.
Issue staff with appropriate protective clothing (PPE) and ensure adequate ventilation when handling substances.
Make sure that any employees that handle dangerous substances are aware of what to do in the event of a spill or fire.
A risk assessment is required regardless of the quantity of dangerous substance present, and as like the Regulatory reform (fire safety) Order legislation, if you have 5 or more employees you must keep a physical record of the assessment and actions taken.
Finally if your business has oil storage containers, the Control of Pollution (Oil Storage) (England) Regulations 2001 or the Water Environment (Oil Storage) (Scotland) Regulations 2006 may apply.
The oil storage regulations apply if you store oil above ground in containers with a capacity of more than 200 litres. The regulations define Oil to include petrol, heating oil, vegetable and plant oil, and heavy oils such as bitumen and solvents.
You are not affected by the regulations if:
More reading on DSEAR can be found at http://www.hse.gov.uk/pubns/indg370.pdf and
COSHH at http://www.coshh-essentials.org.uk/
Tony
It is fair to say that most Brits are now just about full to the back teeth with the winter weather. It has dominated every news channel for days on end and all small talk seems to start with a comment on the state of the snow, how cold it is or how long it will last.
The effects of the snow on our daily lives has exposed the more bizarre consequences of our risk averse society. Schools closed because of the risk that teachers and children may hurt themselves getting to school. Even if the school is open the kids can’t play outside for the same reason and snow ball fights are banned. It seems everything we now do must be first subject to a Risk Assessment. In practice a life cannot be lived without exposure to risk. I actually think taking risks is what drives our progress.
Of course in the fire protection industry we are only too aware of the term Risk Assessment since the introduction of the Regulatory Reform (Fire Safety) Order (RRO). In some respects this legislation was a step forward in consolidating the myriad pieces of fire safety legislation that existed previously.
The fundamental difference is that the legal responsibility for fire safety within business premises is now firmly in the court of the business owner or “responsible person” as defined under the Act. It is not a defence against non compliance to claim you don’t have the first idea about fire safety. The basics are pretty straightforward common sense.
There are five key steps in conducting a fire risk assessment:
1. Identify the fire hazards – how could a fire start? For a fire to start it needs a fuel, heat and oxygen. Identify any possible source of ignition and combustible materials. Mostly you can assume oxygen is present unless you operate in a vacuum!!
2. Consider who may be a risk - your employees, visitors, and particularly people vulnerable such as children, the elderly and disabled.
3. Assess and act – Based on these considerations and findings, assess the risks and take action to remove and reduce any fire risks. Typically his may involve adding a fire extinguisher, smoke alarm or exit sign, replacing obsolete equipment or better housekeeping.
4. Record, plan and train – Maintain a record of the risks identified (legally required for businesses employing 5 or more) together with the actions taken to reduce or remove them. Produce a fire action plan of how to prevent fires and safety procedures should a fire start. Train staff so they know what to do in the event of a fire and if necessary provide training in the use of fire safety equipment.
5. Review – Review your risk assessment on a regular basis to ensure it remains up to date with any changes made to your organisation.
If in carrying out a risk assessment you decide, as the responsible person, that due to the type or complexity of the business, you just don’t have the necessary skills, you can always appoint an external competent person to do it for you. Most reputable fire safety equipment suppliers offer this service including Fire and Safety Centre.
The bottom line is that a Fire Risk Assessment just has to be done to comply with the Law.
Tony
Bringing in the New Year always cheers me up. Unusually for us, we had a quiet night in with the Tele and a bottle or two but nevertheless it was still satisfying to count down Big Ben and know we had turned the celestial corner and were heading back into Spring. (I know technically it was the 21st Dec, but for me New Year is a better marker)
Not like it feels anything other than Polar outdoors. Most of northern Europe and great swathes of North America are also enduring their worst winter in decades and if the weather forecasters are right – (often a contradiction in terms) – there is a lot more of the same to come.
In my village there are patches of ice that fell as snow over two weeks ago still covering pavements and paths making it treacherous under foot, particularly for the elderly. The NHS has also reported a massive rise in A & E admissions with ankle and wrist fractures from falls and the AA and RAC are stretched to the limit with car accidents.
Unfortunately these days you are counted lucky if your Council or Transport Agency salt and grit the main roads and the days are long gone when they cleared footpaths. If Local Authorities had DNA then Service Delivery would always spiral down one helix whilst the cost of diminishing Service Delivery spiralled up the other.
The only solution when it comes to personal safety is self help, self awareness and consideration for others. If you are fit and able volunteer to clear access paths and walkways for older and less agile neighbours. Clear the pavement outside your own property and chances are others will follow suit. By the way it is far easier to clear fresh snow before it gets compacted or part frozen.
An ex-teacher I spoke to the other day was bemoaning the fact that so many schools now closed due to snow. He said that Health and Safety issues and our overbearing liability laws meant teachers were loath to clear snow and allow kids to play in snow on school premises for fear they may hurt themselves and sue for damages. When did common sense leave the room? I don’t envisage Councils and Government will pay up for the broken bones caused by failures in their Duty of Care to the taxpayer.
Tony
Most mornings as I drive to work I pass an elderly gentleman taking his morning constitutional. My son who takes the same route has also commented on seeing him and both of us now routinely give him a friendly wave to which he responds in kind. As we don’t know him from Adam (he may even be called Adam!) we have nicknamed him “walking man”, not particularly creative but without doubt descriptive.
As the mornings have become darker and with the overcast weather of late “walking man” has wisely donned a hi-vis jacket. My son and I muse that this is a precaution to ensure we don’t miss him and deny him his morning ritual wave but more likely he has the common sense to ensure we or others don’t hit him in the gloomy dawn light.
On my return journey at this time of year it is now virtually pitch black, particularly along the country lanes and in a similar manner I invariably see another chap walking his two golden retrievers. Again we exchange a friendly wave of acknowledgement as I draw into the village as he is heading out, but in contrast to our “walking man” he doesn’t wear a hi-vis jacket or any means of helping people see him in the dark. He may stick to the few lighted streets but from a safety viewpoint he is an accident waiting to happen and I fight the obvious impulse to pull over and give him a sound piece of advice that could prevent a tragedy. That’s the thing about working in the Safety industry. We talk the (safety) talk with our customers every day and can only hope they take heed. Maybe I will pop a hi-vis vest in the car and give him an early Christmas present.
Barrie
I know I have been guilty, if that’s the word, of repeatedly urging businesses to take the new Regulatory Reform (Fire Safety) Order seriously. Described by many industry professional as a can of worms or worse, the plain fact is that the Fire & Rescue Services around the country are warming to the challenge of enforcement.
In my home town, the managing agents of the Frenchgate Shopping Centre, Doncaster’s principal haven for the shopaholics amongst us is having to pay fines and costs that total over £25,000, after being found guilty of breaches of the new fire safety legislation.
Now shopping with the exception of edibles is not really my thing – I am dragged to the Frenchgate Centre by my good wife albeit kicking and screaming a few times a year but she and my family are in there probably once a week, so it is worrying that an outfit of that size could be so irresponsible as to disregard fire safety when thousands pass through their doors every week. Well maybe hundreds in these hard times. It is fair to say that the Company claimed that no lives were put at risk but I find that hard to believe and now fortunately and hopefully we will never know.
The prosecution which was brought by South Yorkshire Fire & Rescue against the agents BTW Shiells of Belfast, determined that the fire safety management team on site was sufficiently depleted to undermine its ability to carry out appropriate fire precautions. The agents pleaded guilty to five counts of failing to comply with their duties under the Regulatory Reform (Fire Safety) Order 2005.
All you businesses out there should note these failures listed below, as they effectively sum up the responsibilities you are legally bound to deliver to comply with the RRO - or face similar legal action.
Take adequate general fire precautions
Make a suitable and sufficient assessment of the risks to relevant persons
Give effect to appropriate preventative and protective measures
Appoint adequate competent persons to undertake preventative and protective measures
Provide adequate safety training for staff
Would be shoppers will be comforted to know all the failings outlined have been addressed in the period between initial prosecution and judgement and the fire safety provisions within Doncaster Frenchgate Centre have been given a clean bill of health.
Tony
