Who is legally responsible for fire safety in the workplace?

Fire safety in the workplace is vital for safeguarding staff and property.

In the UK, there are laws in place to ensure employers are taking necessary measures to prevent fires on their premises, as well as implement life-saving procedures if one does break out.

No business is exempt from their fire safety responsibilities, and with thousands of fires in the workplace reported every year in this country, it’s no surprise. Last year, there were 254 fire related deaths in the UK – fires cost lives, and business owners who shun fire safety rules do so at their peril.

But who exactly is responsible for fire safety in the workplace? And what does that responsibility involve?

If you want to know how to adhere to the law and ensure your fire safety provisions are robust enough, we explain everything here.

Who is accountable for all matters relating to fire safety at work?

Put simply, the person at the top of the ladder. This could be the employer, properly owner or landlord, or whoever is in control of the workplace.

This could mean even if you’re only an occupier of a building but are in charge in a business.

Can anyone else be responsible?

While fire safety is the legal responsibility of the company’s employer, implementing it can be passed on.

This is where duties are carried out by a designated person, for example, a facilities manager, buildings manager or safety officer, to oversee workplace fire safety.

Those given the role may be an official fire marshal or warden.

How to decide who is ‘responsible’

This should be a competent person and someone who is capable of carrying out the relevant tasks, understanding what the role involves, and is willing to undertake any necessary training.

They should also have the skills and nature to cope with an emergency calmly and effectively as they will be the first port of call if fire breaks out.

Can you have more than one responsible person?

Yes, in some situations, there will be more than one person in charge of fire safety in a workplace. For example, if there is a multi-occupancy building with several different companies inside it.

In these instances, the responsible people must work together to make sure their duties are thoroughly and effectively carried out.

What are they responsible for?

We will go further into the details of the duties of fire safety personnel, but essentially, they are responsible for all fire risk assessments, communication, any appropriate safety measures being put in place and making an evacuation plan. They will also oversee the management of an emergency in the event of a fire.

If your workplace also inhabits members of the pubic as well as staff, the fire marshal is also responsible for the safekeeping and safety measures for them too.

What do fire safety duties involve?

The person accountable for fire safety in the workplace has a number of responsibilities. They include:

• Carry out a suitable and sufficient fire risk assessment in the building to identify any potential hazards. As the competent person responsible for this, you must report back to staff or leaders about your findings.
  
• Put in place any alterations or arrangements that may need to happen to prevent fires, which could include fire extinguishers or fire alarms if they are missing, or managing more significant hazards such as explosive or flammable substances.
  
• Create an emergency plan for staff, which should include information about what to do in the event of a fire, where the emergency routes and exits are, and how to evacuate safety.
  
• Communicate all procedures and instructions drawn up to all employees and ensure they are fully informed of what they must do to keep safe. This needs to be done at least once a year.
  
• Ensure any visiting workers who are not employed by the company (for example, maintenance workers or delivery personnel) are aware of the fire safety procedures on site.
  
• Work collaboratively with any other fire marshals or wardens in your building or business.
  
• Maintain these fire safety measures at all times.

What does the law say?

The duties above are a legal requirement fire safety marshals in England and Wales, as set out in the Regulatory Reform (Fire Safety) Order 2005 (FSO).

Failure to comply with fire safety in the workplace legislative guidance can lead to fines, with minor infringements reaching up to about £5,000 and unlimited sums for major ones, and even imprisonment of up to two years.

Local fire and rescue authorities or the Health and Safety Executive can inspect premises for compliance depending on your workplace, and if there’s a failure to do so, they have the power to issue fire safety notices with information about the changes you need to make.

What training should the responsible person receive?

The FSO and the Fire Safety (Scotland) Regulations 2006 make it compulsory for all employees to be provided with basic fire safety training, and further training is required by law for the ‘responsible person’ to undertake in depth fire marshal or warden training.

Fire safety training specialist, Gary Ellis, said: “The importance of fire safety in the workplace cannot be understated. As well as being obligated by law to ensure you’re covering all bases in prevention and emergency protocols, taking part in thorough and accredited courses can make the difference between life and death, and give everyone involved in your organisation peace of mind and assurance of safety.”

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