Select Committee on Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions Written Evidence


APPENDIX B

HSE AND WORKPLACE FIRE SAFETY

  In most workplaces the local Fire Authority is responsible for general fire precautions (including for example, means of detecting and giving warning in case of fire, escape routes, fire-fighting equipment, and training of staff in fire safety). HSE's main responsibility in relation to fire safety in the workplace is for process fire precautions.

  Process fire precautions are the special fire precautions required in any workplace in connection with the work process that is being carried out there (including the storage of articles, substances and materials relating to that work process). They are to prevent or reduce the likelihood of a fire breaking out and if a fire does occur, to reduce its spread and intensity. Some examples of process fire precautions are:

    —  Suitable storage containers for flammable substances;

    —  Ventilation systems to dilute or remove flammable gas or vapour;

    —  Selecting equipment that will not be a source of ignition;

    —  Extraction systems to remove combustible materials such as wood dust.

  Process fire precautions are enforced by HSE or the local authority, under the Health and Safety at Work etc Act 1974, the Management of Health and Safety at Work Regulations 1999 and more specific health and safety legislation such as the Dangerous Substances and Explosive Atmospheres Regulations 2002.

  In workplaces covered by the Fire Certificate (Special Premises) Regulations 1976 (FC(SP)R), HSE is responsible for issuing the fire certificate for the premises and for enforcement of all fire precautions including general fire precautions. However, when the Regulatory Reform (Fire Safety) Order 2005 (RRO) comes into force in 2006, it will revoke the FC(SP)R and apply a risk assessment based regime to all workplaces. Responsibility for enforcement of general fire precautions at most workplaces currently covered by the FC(SP)R will then fall to the local fire authority.

  There are certain sectors where, because of the nature of the work, HSE has enforcement responsibility for all fire precautions (including general fire precautions) such as offshore installations, underground mines, nuclear sites, ships under construction and repair and some construction sites. HSE will retain responsibility for general fire precautions in these sectors after the RRO comes into force. HSE has arrangements for quickly informing Fire Authorities where HSE inspectors encounter fire prevention issues which are the responsibility of the fire authorities to enforce (and vice versa).

LIAISON BETWEEN HSE AND ODPM

  HSE worked with ODPM during the development of the new fire safety legislation by providing comment on an ongoing basis, as and when requested. We are also providing comment on the suite of guidance documents and the enforcers' guide, which ODPM is currently developing to support the Regulatory Reform Order.

  HSE is currently developing an internal operational guidance document addressing liaison between HSE/LA inspectors and fire and rescue authorities, which will be agreed with ODPM.


 
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