Ignorance of new fire safety rules will be no excuse and business owners could end up in prison if a fire injures or kills someone on their premises, said employment law experts this week.
Fire certificates are being abolished under legislation that, come October 1, requires all businesses employing more than five people to conduct fire risk assessments and appoint someone as responsible for fire prevention and handling.
But, according to Norwich Union Risk Services, only 47 per cent of small companies had any knowledge of the new regulations. Of those that were aware of the Regulatory Reform (Fire Safety) Order 2005, just 54 per cent said that they understood the impact that the changes would have on their organisation.
Another survey, carried out by YouGov last week for human resources and employment law firm Croner Consulting, found that more than 30 per cent of employers did not conduct spontaneous fire drills. Thirty four per cent of workers said they did not receive any fire awareness training when they started their job.
Norwich Union said that more than 80 per cent of large firms were aware of the order and understood its impact. But an information campaign would be crucial for small companies.
'Too late'
John Davies, head of business law at the Association of Certified and Chartered Accountants, said, "I think the Government has woken up very late to the lack of knowledge. I’ve noticed radio ads but only in the last week or so. It seems to be very late in the day for the Government to be trying to raise awareness.
"I think the surveys bear out that the awareness raising exercise should have been started months ago."
He said that in stark contrast there had been a "very high powered information campaign over the last 18 months" about the age discrimination rules also coming in on October 1.
The Federation of Small Businesses said that Government agencies such as Business Link often publicised such changes to the law but only 4 per cent of Britain’s 4.3 million small businesses used those agencies.
"Our experience generally with new legislation is that the Government could do better in publicising new requirements. We don’t think (the government) put enough time effort and money into making sure small businesses know (the agencies) are there."
The new Department for Communities and Local Government (DCLG) defended its £2 million publicity campaign saying that the press had covered the issue and advertisements had been carried nationwide after four years of consultation and debate.
However, its spokeswoman conceded that the direct publicity aimed at businesses since the legislation had been finalised only ran in July and September this year.
Serious consequences
Nasar Farooq, health and safety technical manager at Croner Consulting, said that small companies had to come to grips with the law as ignorance would be no excuse.
"Obviously this is something they need to get their heads around, this can’t be dismissed merely as more red tape. The purpose of the order is to simplify the rules and to protect lives – it’s very serious."
He said that previously companies with more than 20 staff needed a fire certificate. With that requirement disappearing, businesses would be responsible for their own fire safety.
Businesses, including sole traders, would have to conduct a fire risk assessment, and those with five or more staff would have to record that assessment.
Under the old regime, companies with more than 20 staff, or with ten staff on the first floor of a building, were made aware by the fire authorities that they required a certificate. "They will no longer alert people," Mr Farooq said.
Following enforcement notices, breaches could lead to unlimited fines or two years’ imprisonment for the individual appointed as responsible for fire safety within the company.
Mr Farooq pointed out that if someone were to die in a business premises fire, corporate manslaughter legislation was also on the cards, presenting the possibility of longer jail terms.
"Some people will not (do it) until someone comes and tells them. If there’s a fire and someone gets killed, they won’t have a leg to stand on. Ignorance will be no defence," he said.
"Don’t wait until the inspector calls, be proactive – that should be the philosophy."
Seek help
The DCLG said that local fire and rescue services were there to help businesses protect lives and should be called upon if any business was unsure of how to meet its obligations. But she urged companies not to delay in complying.
"The top line is that for most premises if you’re already complying with current legislation there shouldn’t be an added burden. It may even save you money because don’t have to have a fire certificate."
She pointed out that the order simplified fire safety requirements in that some businesses would no longer have to separately comply with fire certificates and the fire segment of licensing regulations, for example.
Mr Farooq agreed. "Previously there were 100 pieces of health and safety legislation, they are all brought into this one order to protect people and property. Once businesses realise it’s not red tape, it’s simple enough to follow," he said.
The requirements
The order calls for business premises owners or occupiers to appoint a responsible person – who takes responsibility for fire safety – and a competent person to carry out the requirements of the order. This includes conducting a fire risk assessment and recording it, as well as appointing and training fire marshals and maintaining fire extinguishers and fire precautions.
"The responsible person has to make sure that it’s done – it would probably be the managing director or a director," said Mr Farooq. "The responsible person has the responsibility. It’s a way to make them think about it, to get it on to the boardroom agenda."
He said some small firms might think that the requirements would be onerous or expensive but it would probably only represent half a day’s work or £300-400. But ACCA’s John Davies was still concerned that it would be a burden, particularly on the smallest firms.
"For those that have never had to do it before, it is yet another regulatory obligation that they will have to learn to deal with," he said. "It does delegate an important decision to business. I think businesses could really do without another regulatory decision to make.
"If they don’t have time (to carry out an assessment) they’re going to conclude it might be safer and quicker to engage an external consultant. Small companies are less likely to have the resources or the finance to be able to engage a consultant to do the job for them."
For information on how to comply with the regulations, see the DCLG’s website and its series of guides for business. Also, newly launched, is the fire and rescue services’ Fire Gateway which includes a guide to the new regulations.
To read the Regulatory Reform (Fire Safety) Order itself click here.
