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The Corporate Manslaughter and Corporate Homicide Act 2007 is a landmark in law. For the first time, companies and organisations can be found guilty of corporate manslaughter as a result of serious management failures resulting in a gross breach of a duty of care.

The Act, which will come into force on 6 April 2008, clarifies the criminal liabilities of companies including large organisations where serious failures in the management of health and safety result in a fatality.

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 Fire Risk Assesment 
Guidance for Employers


The Management of Health and Safety at Work Regulations place a responsibility upon the ?employer' to carry out a fire risk assessment and subsequently to minimise the risk or provide safeguards appropriate to the risk by acting upon the ?significant findings' of that assessment. The ?significant findings' should be recorded if five or more persons are employed.

Download free Risk Assesment pro forma from our Downloads page if you would like to do your own assesment or give us a call for a quote.

The Fire Precautions (Workplace) Regulations 1997 (as amended) make provision for fire-fighting and fire detection, emergency routes and exits, maintenance of the workplace and safety devices insofar as they relate to fire precautions.

This article aims to provide ?employers' with the necessary information to carry out the fire risk assessment to determine the ?significant findings'. The fire risk assessment should be holistic and dynamic, recognising that the building use and occupancy is not static. The following key areas should be addressed :-

* The potential for a fire to start (ie ignition sources - this includes identifying and eliminating / reducing practices or items which may start the fire)
* The potential for the fire to subsequently spread (ie fire loading - look at the disposition of combustible materials in relation to ignition sources, are doors operating effectively? Is there a general lack of fire separation?)
* Is the fire able to be detected in the early stages so that persons are able to make a rapid escape? (particular attention should be paid to unoccupied areas)
* Are staff trained to a competent standard and are they aware of their responsibility in the event of a fire?
* Are all persons in the premises able to make their escape and are they aware of escape routes available to them?

In addition to the above points the employer should consider the mobility of persons who resort to the premises and under what conditions? What provision has been made for disabled employees? Persons with hearing or vision impairment ? Do members of the general public enter the premises and if so does the fire risk assessment address their needs - mothers with very young children? What provision has been made for the Fire Service to attend?

The risk assessment should be carried out by the person who is most familiar with the premises (or part of the premises) and the business carried on therein; they are therefore best placed to resolve difficult areas and to maintain / review the standard of fire safety that is most appropriate for their premises.

It is important to bear in mind that when the fire risk assessment has been completed it is not the end of the process. It is the start of a dynamic process to deal with fire safety matters on a day to day basis. It should be constantly under review and updated, especially where the risk has been affected by alterations or changes to the premises/occupancy.


To further assist you in meeting statutory responsibilities the Home Office has produced a booklet entitled "Fire Safety - An Employers Guide" which is available at £9.95 from The Stationery Office (ISBN 0-11-341229-0).

A major change in fire legislation has taken place, which has brought all fire related legislation into a single fire safety order. This new order (enforced by the Fire Authority) will apply to all premises where persons resort, with the exception of single private dwellings, and will place the responsibility for fire safety with the person responsible for the premises. This new legislation will apply the same risk assessment principles as the existing Fire Precautions (Workplace) Regulations and fire certificates will no longer be issued, and is likely to come into force in October 2006.

Until then, an application for a fire certificate shall be required for the following types of premises should any of the following criteria apply;

Hotels and Boarding Houses

Sleeping accommodation is provided in the premises for more than six persons, being staff or guests, or;

some sleeping accommodation is provided in the premises for staff or guests on any floor above the first floor or below the ground floor of the building.

Factories, Offices, Shops and Railway premises

More than twenty persons are at work at any one time within the premises*, or;

more than ten persons are at work at any one time elsewhere than on the ground floor of the premises*, or;

in the case of factory premises only - explosive or highly flammable materials are stored or used in or under the building or part of the building.

* The premises may form part of a larger building in which case the total number of persons may need to be aggregated.
Closed Door Procedure

A closed door procedure is where any person wishing to gain entry to the building i.e. a Contractor, Doctor/Health Visitor, Family Member or even Staff Member must ring a bell and be met at the main entrance by an on duty member of staff who will show them the Fire Action Procedures and ask them to sign in.
When they sign in they are signing to say their time of arrival, purpose of visit and that they have read understand and will comply with your Fire Policy.

On departure they should be unable to leave the building (unless in an emergency) without first asking a member of staff to open the door. At this point the staff member will ensure they sign out.

As the Visitors book is a legal document it is recommended that this is checked at shift handovers or at the end of the working day to ensure no persons have been over looked.

It is also recommended that a visitors badge is issued to each visitor, and staff should be encouraged to challenge any stranger not wearing one.

Having a Closed Door Procedure will ensure you have a very accurate registrar of personnel in your building and the likely location to find them in an Emergency.
It will also keep the staff and residents if in a Nursing/Residetial Home safe and secure as residents who abscond or are taken on unauthorised walks by family will not be able to leave without staff being alerted. These methods also deter potential burglars or drug addicts looking for an easy steal.
Fire Safety in Sleeping Accommodation
Government guidance for Hotels, Guest Houses, Inns, places that are required to comply with The Fire Safety Order that have sleeping accommodation.
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Fire & Security Protection


Devon & Cornwall Fire Protection Ltd
Head Office
2 Church Street
South Brent, DEVON TQ10 9AB
Phone: 0800 389 7050
Fax: 01364 72822
info@dcfire.co.uk
VAT No:797 8607 52


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