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Fire risk assessment and the Fire Safety Order 2005 – your legal responsibility
Posted by David Cant on February 25, 2009

 Fire Safety Order 2005

The legal responsibility for ensuring compliance with fire safety and related legislation lies with the relevant company as the employing authority, where it is in control of a workplace or is the occupier of premises.

Specific responsibilities may fall solely on the company or jointly with others in shared premises under the following (non-exhaustive) list of statutory provisions:

• The Health and Safety at Work etc Act 1974
• The Management of Health and Safety at Work Regulations 1999
• The Regulatory Reform Fire Safety Order 2005
• The Construction Design and Management Regulations 2007
• Disability Discrimination Act 2005
• Local Government (Miscellaneous Provisions) Act 1982
• Private Places of Entertainment (Licensing) Act 1967


The Regulatory Reform Fire Safety Order 2005


This reform is aimed at simplifying the fire safety process, while at the same time placing a greater onus on businesses to carry out fire risk assessments, which means the responsibility for complying with the Fire Safety Order rests with the ‘responsible person’ (main duty Holder).

In a workplace this is the employer and any other person who may have control of any part of the premises, e.g. the occupier or owner. In all other premises the person or people in control of the premises will be responsible for a fire risk assessment.


A brief summary of the Fire Safety Reform Order


1. Fire certificates have been abolished and cease to have legal status.

2. Each individual company will be responsible for their own fire safety. The employer must conduct a fire risk assessment regardless of the size of the fire risk. The identified responsible person (main duty holder) would therefore take full corporate liability.

3. Extended scope of consideration now to include property safety, fire fighter safety and the environment around the site as well as just protecting life. This means that allowing a building to be sacrificed is unacceptable due to the Fire risk to neighbouring buildings and fire fighters. The responsible person would have a duty to protect the fire brigade.

4. Unlike the Fire Precautions (Workplace) Regulations, the Fire Safety Order places emphasis on business continuity and containing and preventing the spread of small fires. The effectiveness of fire extinguishers is clearly recognised as a major provision in doing just this.

5. Protection is explicitly extended to all occupants and not just employees. Visitors, contractors or passers-by also have to be considered in the Fire risk assessment.

6. Fire fighters are to have greater authority to gain entry to premises and remove samples after a fire.

Related articleFire risk assessment don’t get your fingers burnt  

Coming soon – action required by the employer


Director at Veritas Consulting. 20+ years as a Chartered Safety and Health Practitioner with a brain you can pick. A trusted, risk savvy portfolio professional who is fluent in practical advice and an effective workplace solutionist.

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  1. June 24, 2010 at 5:32 am

    There are many hazards around; Fire risk assessment identifies all the fire risks and hazards to reduce it to some acceptable level. Econogard helped us to assess the possible hazards and provided fire equipments.

  2. August 2, 2010 at 6:09 pm

    Great article, its something many people overlook

  3. Fire safety, fire risk assessment, fire warden training, fire safety experts, fire safety consultants, fire strategies
    September 30, 2010 at 6:46 pm

    Great article, many business owners and landlords are unaware of there responsibilities under the relatively new law, and are still under the impression that fire certificates are still acceptable.

  4. August 5, 2011 at 8:25 am

    Really a nice article……. Fire risk assessment should be done as it helps people to get rid of fire and its disastrous effect.
    Thanks for posting…..

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