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A quick update on an important addition to the Regulatory Reform (fire safety) Order 2005. The new regulation is cited in the usual legal disguise as the Fire Safety (Employees’ Capabilities) (England) Regulations 2010 and came into force on 6th April 2010.
As is increasingly the case the new law applies only to England as our devolved parliaments have either yet to ratify it or fire safety compliance training has been mandatory in Welsh, Scottish and Ulster infants schools since the second world war. The following is the complete citation from the edict.
“Employer to take employees’ capabilities into consideration
2. Every employer must, in entrusting tasks to employees, take into account their capabilities as regards health and safety, so far as those capabilities relate to fire.”
It is signed by authority of the Secretary of State for Communities and Local Government one Shahid Malik who presumably after his defeat on May 6th is now spending more time with his family.
What the new edict means in essence is that an employer cannot offload any of his responsibility for fire safety onto an employee unless that employee has demonstrable expertise in fire safety issues, which excludes just about everybody. You will also need to find a deputy fire officer to cover absence.
This set me thinking that when the RRO was introduced the Government effectively saddled every employer, landlord, business owner and some tenants – as defined by law – with responsibility for adherence to the new RRO fire safety regulatory regime. Now surely they knew that they were offloading this responsibility arbitrarily to individuals without first checking if they were possessed of the capabilities to undertake the task.
A clear case of do what I say not what I do.
If you want to elevate a member of staff to the position of fire safety officer I suggest to avail yourself of one or more of our excellent fire safety awareness staff training programme’s that will allow you to train all your staff to a level that will meet the new regulatory framework.
Tony
At Southampton Crown Court on the 26th April the Co-operative Group was fined a whopping £210,000 after pleading guilty to half a dozen breaches of the new RRO fire safety legislation.
Clearly the CO-OP have been slow to learn the lessons of a similar case brought against the UK’s largest mutual retailer in 2007 that saw them fined what was then a record £250,000 for no less than 13 similar misdemeanors under the old fire safety regulations.
The case came hot on the heels of a Court ruling against the behemoth of retailing Tesco a week earlier which resulted in a fine of £95,000 plus over £24,000 in costs for five breaches of the RRO (Regulatory Reform (Fire Safety) Order 2005). That’s £24,000 per infringement. Other high profile cases last year included Shell International being fined £300,000 and the clothes store New Look paying more than £500,000.
Apparently the Tesco fine arose when the London Fire Brigade were called to a fire at Tesco’s Colney Hatch store in Barnet in October 2007. There had been a fire in the staff kitchen but by the time the Brigade arrived it had been put out by staff using fire extinguishers and a fire blanket. Now you might think the action of the staff commendable and showed a working knowledge of how to use fire safety equipment effectively but the fire service thought otherwise and returned unannounced the next day to fully inspect the premises.
Now the London Fire Brigade has previous when it comes to RRO enforcement and not without some fanfare recently announced that the London courts ordered individuals, small businesses and large companies to pay more than £1 million in fines and costs in 2009 for breaches of the RRO.
So what’s my point? Well firstly by any stretch the RRO is not a simple piece of legislation. It runs close to 150 pages and over 30000 words. If retail giants who have the resources to employ professional fire and health and safety management can get it so wrong what chance the small businessman or woman who as the responsible person has the same accountability under law irrespective of their experience in fire safety issues. Not understanding the detail of the law is no defence. Within the RRO legislation there is the potential for hundreds of breaches. If someone looked hard enough you would be lucky to pass muster.
And secondly given the Tesco experience small businesses, without the same financial clout may think twice about calling the Fire Services if they fear a punitive inspection with potentially disastrous consequences.
Of course fire safety is paramount to protect life and property and I would not argue otherwise but personally I do not believe sufficient is being invested by the law makers on educating businesses and raising awareness of the RRO. This comes through strongly when talking to business owners and managers who make up our customer base and no doubt accounts for the increase in sales of our fire safety training programmes. All the cash raised through RRO prosecutions could surely be put to good use here rather than lining the Treasury pockets.
Tony
Like many of us at this time of year thoughts turn to summer holidays and being no exception I was discussing possible destinations with a pal of mine over a beer last week. The fear of flying means he limits his options to land and sea passages. I have finally chosen Greece for this seasons sojourn in the sun and, having no qualms about air travel, I am taking the direct route that will transport me from my kitchen to a Greek Taverna in 8 hours or so.
Of course it is quite possible to reach Greece and its islands without ever resorting to the skies. Any combination of car, train and boat with get you there eventually. My friend prefers the independence of his car and was musing that he could maybe make the 2000 mile plus road trip in 4 days or so with two drivers and a couple of 5 gallon cans of petrol in reserve to limit pit stops. The problem here is that driving on the Continent is not that straightforward and many UK drivers regrettably display scant knowledge of UK transport laws never mind those of our European neighbors.
In the UK storage of fuel (unless specifically licensed) is restricted by law to either metal containers with a maximum capacity of 2 x 10 litres or approved plastic containers of a maximum 2 x 5 litres capacity.
In Greece the rules are simpler as carrying spare fuel in a car is forbidden by law. Most Car Ferry operators also frown on spare fuel cans – if they take the trouble to check.
Holiday makers driving through France should also be aware that they are required by law to carry at least one and preferably two hazard warning triangles (highly recommended in Spain) and a hi-vis reflective jacket at all times. This is also the case in Austria and Croatia if you take the scenic route to Greece. Interestingly in Switzerland the hazard triangle should be kept in the cab not the boot. It is also compulsory throughout Europe to carry your original vehicle registration document, proof of insurance and to decorate your car with a GB sticker unless you already have it on your registration plates.
Equipping your car with a fire extinguisher and first aid kit is not compulsory but is “recommended” in Belgium, Germany and the Scandinavian block.
On the spot fines are common in Europe and vary up to 150 Euro so it’s investing in the right safety gear.
For anyone considering a Greek odyssey by land I would recommend driving (or my preference taking the train) down to Venice and picking up the ferry to Patra and hire a car there. Drive further down Italy’s boot to Bari for a shorter Ferry trip. There is also a ferry that drops you off in Kefalonia but that may be from Brindisi – you will have to check as I always fly these days!!
Tony
The news this week has been dominated by the “fallout” from the volcanic eruption in Iceland, pushing the General Election jamboree into second place. At least one silver lining perhaps. We live close to an airport so the lack of engine roar and vapour trails in the sky has been noticeable and welcome for us but not I guess for the thousands trapped abroad on sun drenched beaches.
The inquest will now no doubt begin into whether the risk was overstated. Surely that is the thing about risk assessment. If you are at 30000 feet in a glorified cigar case then any clear and present danger should be taken seriously until proved otherwise. To fall from that height is akin to dropping raw eggs off a cliff. None survive.
Despite a withering Northerly wind the sun was shining yesterday so we stepped out for an amble along the river bank to give us and the old dog a bit of exercise. Half way through the walk, high in the sky we saw the tell tale vapour trail of a jetliner so even before the Evening News confirmed it could be surmised the sky’s over the UK were once again open for business.
More encouraging for those not able to head for warmer climes we also spotted the first Swallows of summer skimming low over the sink pools in the flood basin. Those that know birds will be encouraged that, not before time, warmer southerly winds cannot be far away. Swallows ride these winds on their annual migration up from Africa and even for savvy Hirundininae the risk of getting that judgement wrong are fatal.
The arrival of warmer weather will also trigger the annual scramble to dust down the sun loungers, bring the barbeque out of hibernation and stock the fridge with sausages and canned beer. Cars are loaded up with all but the kitchen sink for alfresco family picnics and thermal vests discarded in favour of fuller exposure to the warming Sun.
A risk assessment of these activities often comes low in our priorities but statistically the arrival of summer presages an increase in domestic fire related accidents and injuries.
I have given advice before on how to mitigate these risks but the basics are or should be obvious. Be prepared for the unexpected. Invest in a small powder fire extinguisher to smother an errant barbeque or picnic fire, keep the kids away from both and make sure the flames are out before you leave the scene. Like the Swallow risk preparedness and avoidance is a skill worth learning when lives may depend on it.
Tony
With the general election looming there is a lot of political hot air flying around about the billions to be saved from stemming government waste and delivering efficiency savings within the State Apparatus. A report last week by a Commons Select Committee shows how difficult this will be.
It was some time ago that this Government announced its plans to “modernize” the Fire and Rescue Services (FRS) which included FiReContol – the creation of nine super regional control (read call) centre’s to replace the 49 local centre’s. The FRS network was generally opposed and highly suspicious that the real motive was manpower reduction not service improvement.
The report published appropriately on April Fool’s day by the Communities and Local Government Committee of MP’s damned the project as “inadequately planned, poorly executed and badly managed leaving it in a precarious position”. The IT element is in its usual mess and the report concludes that there is currently no agreed project plan with the principle outside contractors. This is truly unbelievable incompetence that would be unacceptable in any other organization.
The financial figures are dire. The original project costs have risen from a projected £120 million in 2004 to £460million today whilst the projected FRS efficiency saving have plummeted from 28% of running costs per annum to just 9% down from £28 million to £6million /annum in cash terms and falling. Overall the project that was intended to save the taxpayer £86million is now projected to end in negative territory to the tune of £240 million.
The CLG argued that not all the money has been wasted. They had built 9 bright new shiny Control Centres and 3 even had furniture and IT equipment. Of course they are nowhere near operational and the project is already 2 years behind schedule.
Given the amount of our cash already spent the Committee conceded it is arguably too late to cancel the project but warned that unless the CLG department can secure “urgent agreement on a viable project plan in which the main stakeholders can have confidence”, cancellation was not ruled out.
And therein is the rub. For now at least there is no legal compulsion for the main stakeholders, the local Fire and Rescue Services, to integrate their services into the FiReControl project. As most were against the idea in the first place I can’t see them rushing to opt in if and when it finally gets operational.
Responding to the report, fire minister Shahid Malik – yes we have a minister for fire – said: “I believe the project is in a better position than ever before” from which we can only conclude it had been a whole lot worse if that were possible!!
Meanwhile the professionals in our local FRS’s continue to make significant strides to reduce accidental house fires. My own town registered a 25% reduction in 2009 over 2008 with fire injuries down 90% since 2006 thanks to community safety initiatives like free home checks, education in schools and free smoke alarms. Letting the experts do their job and encouraging them to look for efficiency savings that do not reduce fire safety will save the economy far more than the FiReControl project ever will.
Tony
