Introduction to Fire Safety Management

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Introduction to Fire Safety

Management

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Introduction to Fire Safety

Management

Andrew Furness

CFIOSH, GIFireE, Dip2OSH, MIIRSM, MRSH

Martin Muckett

MA, MBA, CMIOSH, MIFireE, Dip2OSH

AMSTERDAM • BOSTON • HEIDELBERG • LONDON • NEW YORK • OXFORD PARIS • SAN DIEGO • SAN FRANCISCO • SINGAPORE • SYDNEY • TOKYO

Butterworth-Heinemann is an imprint of Elsevier

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PREFACE ix ACKNOWLEDGEMENTS x

ABOUT THE AUTHORS xi

ILLUSTRATIONS CREDITS xii

1 FIRE SAFETY FOUNDATIONS 1

1.1 Deﬁ nitions 1

1.2 Scope and nature 2

1.3 The moral, legal and ﬁ nancial reasons for promoting good standards

of safety within an organisation 2

1.4 The legal framework for the regulation of fi re and health and safety 4 1.5 The legal and fi nancial consequences of failure to manage fi re and health and safety 21

1.6 The nature and sources of safety information 25

1.7 The basis of a system for managing safety 26

1.8 Case study 28

1.9 Example NEBOSH questions for Chapter 1 29

2 SAFETY POLICY 30

2.1 The importance of setting policy 30

2.2 Key features of a safety policy 32

Appendix 2.1 – Policy statement 36

3 ORGANISING FOR SAFETY 37

3.1 Introduction 37

3.2 Safety management roles and responsibilities 37

3.3 Joint occupation of premises 44

3.4 Consultation with employees 45

3.5 Safety committees 48

3.6 The supply chain 49

3.7 Work equipment 50

3.8 Hazardous substances 52

3.9 The provision of buildings 54

Appendix 3.1 58

4 SAFETY CULTURE 59

4.2 The concept of safety culture and its various components 59

4.3 Tangible indicators of safety culture 61

4.4 How to assist in the development of a positive safety culture within an organisation 63

15.14 The Construction (Design and Management) Regulations 2007 (SI 320) 362 15.15 The Control of Major Accident Hazards Regulations 1999 (SI 743) 367 15.16 The Control of Substances Hazardous to Health Regulations 2002 (SI 2677) 370 15.17 The Dangerous Substances and Explosive Atmospheres Regulations 2002 (SI 2776) 374

15.18 The Electricity at Work Regulations 1989 (SI 0635) 376

15.19 The Gas Appliances (Safety) Regulations 1992 (SI 0711) 378

15.20 The Gas Safety (Installation and Use) Regulations 1998 (SI 2451) 379 15.21 The Health and Safety (Consultation with Employees) Regulations 1996 (SI 1513) 379 15.22 The Health and Safety (First-Aid) Regulations 1981 (SI 0917) 381 15.23 The Health and Safety (Information for Employees) Regulations 1989 (SI 682) 381 15.24 The Management of Health and Safety at Work Regulations 1999 (SI 3242) 382 15.25 The Personal Protective Equipment Regulations 1992 (SI 2966) 385 15.26 Provision and Use of Work Equipment Regulations 1998 (SI 2306) 386

15.27 The Regulatory Reform (Fire Safety) Order 2005 (SI 1541) 389

15.28 The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (SI 3163) 392 15.29 The Safety Representatives and Safety Committees Regulations 1977 (SI 0500) 393 15.30 The Health and Safety (Safety Signs and Safety Signals) Regulations 1996 (SI 0341) 395 15.31 The Supply of Machinery (Safety) Regulations 1992 (SI 3073) 396 15.32 The Workplace (Health, Safety and Welfare) Regulations 1992 (SI 3004) 397

ABBREVIATIONS 400

INDEX 403

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Preface

Introduction to Fire Safety Management has been produced for all students taking the NEBOSH Fire Safety & Risk Management Certiﬁ cate, whether as part of a face to face training course or as part of a distance learning programme.

It will also be of signiﬁ cant use for those undertaking a programme of study for Level 3 and 4 S/NVQ in Fire Safety.

The book is the approved reference material for those undertaking IOSH certiﬁ ed Fire Risk Assessment, Principles and Practice programmes and the Fire Safety Management programmes at the Institute of Occupational Safety & Health (IOSH).

This book has been produced to provide those establishing fi re safety management systems within their workplace and those undertaking fi re risk assessments, on behalf of the responsible person, with an all encompassing reference book without the need to initially access the huge range of British and European Standards in relation to fi re and risk management.

The material included within the text effectively covers both the National General Certifi cate (NGC1) material and the Fire Safety & Risk Management (FC1 & 2) materials so that those studying for the full NEBOSH programme do not have to purchase two text books. It is also useful for those who have not undertaken a course of study to have reference to general safety management principles and arrangements, as many fi re safety books fail to address the management principles and detail only physical fi re safety systems (fi re alarm, suppression, detection, etc.).

Given that the materials included within this text book also cover previous MCI units for the Emergency Fire Service Management (EFSM) S/NVQ, the material within this book will also assist those serving in the emergency Fire & Rescue Services as part of their development programmes, particularly those starting within the Fire Safety and Community Fire Safety areas.

We hope that you fi nd the Introduction to Fire Safety Management both a useful reference book for your course of study and a source of reference when undertaking fi re risk assessments and establishing fi re safety management systems.

Andrew Furness Martin Muckett July 2007

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Acknowledgements

Throughout the book, deﬁ nitions used by the relevant legislation, the HM Government Guides, British Standards, the Health and Safety Commission, the Health and Safety Executive and advice published in Approved Codes of Practice or various Health and Safety Commission/Executive publications have been utilised.

At the end of each chapter, there are some example examination questions, some of which have been taken from recent NEBOSH Fire Safety & Risk Management Certiﬁ cate papers and a number of which have been produced by the authors as examples of possible questions covering the topic discussed. Some of the questions may include topics which are covered in more than one chapter. The answers to these questions are to be found within the preced- ing chapter of the book. NEBOSH publishes an examiners’ report after each public examination which gives further information on each question. Most accredited NEBOSH training centres will have copies of these reports and further copies may be purchased directly from NEBOSH although as this is a relatively new course previous questions are currently limited. The authors would like to thank NEBOSH for giving them permission to use these questions.

The authors extend their gratitude for the assistance in completing their book to all the staff of Salvus Consulting.

In particular to Kim and Anne who provided support throughout the project. Their assistance with gathering information and permissions for the use of the included photographs and ﬁ gures was a signiﬁ cant contribution to the quality of the book.

We would also like to extend heartfelt thanks to Anne Black for the sterling work that she undertook in assisting in the production of Chapter 15 – The Summary of Key Legal Requirements.

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About the authors

Andrew Furness is a charismatic safety professional with over 25 years’ experience in both fi re safety and risk management and health and safety fi elds. As a Fire Safety Enforcing Offi cer for a local Fire Authority his role was changed when he became the Health & Safety Advisor to the Fire Brigade in Buckinghamshire.

Joining IOSH in 1996 Andrew took on a number of roles within his Branch at Thames Valley before becoming the Vice Chairman of IOSH Fire Risk Management Specialist Group. In the Vice Chair’s role he acted as Chairman of the Working Party that developed the NEBOSH Fire Safety & Risk Management Certiﬁ cate syllabus, which was based upon the CPD ﬁ re programme produced for IOSH members.

As Managing Director of Salvus Consulting Limited he has an active involvement leading his team delivering the new NEBOSH Fire Certiﬁ cate programme. Andrew is a Chartered Fellow of the Institute of Occupational Safety and Health and a Graduate Member of the Institution of Fire Engineers (IFE).

Martin Muckett has Masters Degrees in Business Administration and Local Government Management. He is been an active Member of the Institute of Fire Engineers since 1986, and was awarded the NEBOSH Diploma in 1998. He is a chartered member of the Institute of Occupational Safety and Health.

Martin has a unique experience in both fi re and health and safety management. He has nearly 30 years’ experience in the local authority Fire service and reached the rank of Assistant Chief Fire Offi cer before retiring in 2003. In 1998, Martin was appointed to Her Majesty’s Fire Service Inspectorate. As Principal Health and Safety Advisor, he authored and/or edited all national fi re service guidance and led the development of a suite of Home Offi ce publications on Health and Safety for the Fire Service. He has an excellent reputation here and abroad where he lectures on health and safety risk management

He now lives and works in the Middle East for part of the year. When in the UK, he is a senior consultant for Salvus Consulting Ltd, providing health and safety management services to a variety of public and private organisations.

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Front cover Courtesy of London Fire Brigade.

Figure 1.1 Courtesy of Hereford & Worcester Fire and Rescue Service.

Figure 1.2 Courtesy of News Group International.

Figure 1.7 Cover of Workplace Health, Safety and Welfare: Approved Code of Practice and Guidance (HSE Books, 1996), ISBN 0717604136. © Crown Copyright material is reproduced with the permission of the Controller of HMSO and Queen’s Printer for Scotland.

Figure 1.8 Cover of Fire Safety – Risk Assessment: Factories and Warehouses (Department for Communities and Local Government, 2006), ISBN 1851128166. © Crown Copyright material is reproduced with the permission of the Controller of HMSO and Queen’s Printer for Scotland.

Figure 1.17 Adapted from the Red Guide, Code of Practice for Fire Precautions in Factories, Offi ces, Shops and Properties not required to have a Fire Certifi cate (Stationery Offi ce Books, 1989), ISBN 0113409044.

Figure 1.19 Courtesy of EquiLift Limited.

Figure 1.30 Reproduced from Guidelines on Occupational Safety and Health Management Systems, ILO OSH 2001.

Figure 1.31 Adapted from HSG 65 Successful Health and Safety Management (HSE Books, 1997),

ISBN 0717612767. © Crown copyright material is reproduced with the permission of the Controllers of HMSO and Queen’s Printer for Scotland.

Figure 2.1 Cover of Management of Health and Safety at Work: Management of Health and Safety at Work Regulations 1999 – Approved Code of Practice and Guidance (HSE Books, 2000), ISBN 0717624889.

Figure 3.9 Courtesy of Draper.

Figure 4.4 Courtesy of Stocksigns.

Figure 4.5 Source HSE. © Crown Copyright material is reproduced with the permission of the Controller of HMSO and Queen’s Printer for Scotland.

Figure 4.6 Redrawn from HSG 65 Successful Health and Safety Management (HSE Books, 1997),

Figure 4.15 Redrawn from HSG 48 Reducing Error and Inﬂ uencing Behaviour (HSE Books, 1999),

ISBN 0717624528. © Crown Copyright material is reproduced with the permission of the Controller of HMSO and Queen’s Printer for Scotland.

Illustrations credits

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Principles of ﬁ re and explosion

Figure 5.1 Courtesy of Wiltshire Fire and Rescue Service.

Figure 5.4 Courtesy of Art Noire.

Figure 5.5 Cover of INDG 163rev2 Five Steps to Risk Asessment (HSE Books, 2006), ISBN 0717615650. © Crown Copyright material is reproduced with the permission of the Controller of HMSO and Queen’s Printer for Scotland.

Figure 5.11 Data taken from Fire Protection Association statistics for 2004/2005.

Figure 6.8 Adapted from HSG 65 Successful Health and Safety Management (HSE Books, 1997),

Figure 7.5 Data taken from the Fire Protection Association.

Figure 7.17 Reprinted from Introduction to Health and Safety at Work Second edition, Hughes and Ferrett, page 171, ﬁ g 11.4, 2005, with permission from Elsevier.

Figure 7.24 Courtesy of EMPICS.

Figure 8.1 Data taken from the Fire Protection Association.

Figure 8.4 From HSG 168 Fire Safety in Construction Work (HSE Books, 1997), ISBN 0717613321. © Crown Copyright material is reproduced with the permission of the Controller of HMSO and Queen’s Printer for Scotland.

Figure 8.17 Redrawn from HSG 140 Safe Use and Handling of Flammable Liquids (HSE Books, 1996),

ISBN 0717609677. © Crown Copyright material is reproduced with the permission of the Controller of HMSO and Queen’s Printer for Scotland.

Figure 8.18 From HSG 168 Fire Safety in Construction Work (HSE Books, 1997), ISBN 0717613321. © Crown Copyright material is reproduced with the permission of the Controller of HMSO and Queen’s Printer for Scotland.

Figure 8.21 Redrawn from Fire Safety – Risk Assessment: Ofﬁ ces and Shops (Department for Communities and top Local Government, 2006), ISBN 1851128158. © Crown Copyright material is reproduced with the

permission of the Controller of HMSO and Queen’s Printer for Scotland

Figure 8.21 Redrawn from Fire Safety – An Employer’s Guide (The Stationery Ofﬁ ce, 1999), ISBN 0113412290.

bottom © Crown Copyright material is reproduced with the permission of the Controller of HMSO and Queen’s Printer for Scotland.

Figure 8.23 Courtesy of Monmouth Scientiﬁ c.

Illustrations credits

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Figure 8.29 Redrawn from Fire Safety – An Employer’s Guide (The Stationery Ofﬁ ce, 1999), ISBN 0113412290.

Figure 8.30 © pavingexpert.com

Figure 9.2 Cover of Building Regulations Approved Document B – Fire Safety, Volume 2 – Buildings other than Dwellinghouses, 2006 Edition (The Stationery Ofﬁ ce, 2005). © Crown Copyright material is reproduced with the permission of the Controller of HMSO and Queen’s Printer of Scotland.

Figure 9.6 Redrawn from Fire Safety – Risk Assessment: Sleeping Accommodation (Department for Communities and Local Government, 2006), ISBN 1851128174. © Crown Copyright material is reproduced with the permission of the Controller of HMSO and Queen’s Printer for Scotland.

Figure 9.8 Courtesy of Bodycoat Warrington Fire.

Figure 9.16 Courtesy of Hart Door Systems Ltd.

Figure 9.17 Courtesy of Environmental Seals Ltd.

Figure 9.37 Courtesy of Ingersoll Rand.

Figure 9.45 Redrawn from Fire Safety – Risk Assessment: Ofﬁ ces and Shops (Department for Communities and Local Government, 2006), ISBN 1851128158. © Crown Copyright material is reproduced with the permission of the Controller of HMSO and Queen’s Printer for Scotland.

Figure 9.47 Redrawn from Fire Safety – Risk Assessment: Large Places of Assembly (Department for Communities and Local Government, 2006) ISBN 1851128212. © Crown Copyright material is reproduced with the permission of the Controller of HMSO and Queen’s Printer for Scotland.

Figure 9.59a Courtesy of Stocksigns.

Figure 9.59b Courtesy of Stocksigns.

Figure 9.59c Courtesy of Stocksigns.

Figure 9.59d Courtesy of Stocksigns.

Figure 9.61 Adapted from Building Regulations Approved Document B – Fire Safety, 2006 Edition (The Stationery Ofﬁ ce, 2005). © Crown Copyright material is reproduced with the permission of the Controller of HMSO and Queen’s Printer for Scotland.

Figure 9.62 Courtesy of Viking Group Incorporated.

Figure 9.67 Courtesy of Marioff Corporation.

Figure 9.71 Image reproduced by courtesy of Chubb Fire Ltd.

Figure 9.75 Courtesy of Apollo Fire Detectors Limited.

Figure 9.86 Redrawn from Building Regulations Approved Document B – Fire Safety, 2006 Edition (The Stationery Ofﬁ ce, 2005). © Crown Copyright material is reproduced with the permission of the Controller of HMSO and Queen’s Printer for Scotland.

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Principles of ﬁ re and explosion

Figure 9.91 Redrawn from Building Regulations Approved Document B – Fire Safety, 2006 Edition (The Stationery Ofﬁ ce, 2005). © Crown Copyright material is reproduced with the permission of the Controller of HMSO and Queen’s Printer for Scotland.

Figure 10.2 Reprinted from Introduction to Health and Safety at Work Second edition, Hughes and Ferrett, page 49, ﬁ g 4.5c, 2005, with permission from Elsevier.

Figure 10.8 Courtesy of EvacChair International Ltd.

Figure 10.12 Courtesy of Greater Manchester Fire and Rescue Service.

Figure 11.1 Adapted from HSG 65 Successful Health and Safety Management (HSE Books, 1997), ISBN 0717612767. © Crown copyright material is reproduced with the permission of the Controllers of HMSO and Queen’s Printer for Scotland.

Figure 12.6 Cover and form from Accident Book (The Stationery Ofﬁ ce, 2003), ISBN 011703164X. © Crown

Copyright material is reproduced with the permission of the Controller of HMSO and Queen’s Printer for Scotland.

Figure 12.7 Cover of A Guide to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (HSE books, 1999), ISBN 0717624315. © Crown Copyright material is reproduced with the permission of the Controller of HMSO and Queen’s Printer for Scotland.

Figure 12.13 From FDR1 (94) Fire incident reporting form. © Crown Copyright material is reproduced with the permission of the Controller of HMSO and Queen’s Printer for Scotland.

Figure 13.8 Courtesy of Oil Technics.

Appendix 12.1 From A Guide to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (HSE books, 1999), ISBN 0717624315. © Crown Copyright material is reproduced with the permission of the Controller of HMSO and Queen’s Printer for Scotland.

Appendix 12.2 FDR1 (94) Fire incident reporting form. © Crown Copyright material is reproduced with the permission of the Controller of HMSO and Queen’s Printer for Scotland.

Appendix 12.3 Adapted from BS 5839-1:2002, ISBN 0580403769.

Figure 13.1 Courtesy of Hertfordshire Constabulary.

Figure 13.7 Courtesy of Forbes Technologies Ltd.

Figure 13.8 Courtesy of Oil Technics.

Figure 13.9 Courtesy of Darcy Products Ltd.

Illustrations credits

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Figure 13.10 Redrawn, courtesy of Biffa.

Figure 14.1 Redrawn from Fire Safety – Risk Assessment: Ofﬁ ces and Shops (Department for Communities and Local Government, 2006), ISBN 1851128158. © Crown Copyright material is reproduced with the permission of the Controller of HMSO and Queen’s Printer for Scotland.

Figure 14.6 Cover of Fire Safety – Risk Assessment: Means of Escape for Disabled People Supplementary Guide (Department for Communities and Local Government, 2007), ISBN 1851128743. © Crown Copyright material is reproduced with the permission of the Controller of HMSO and Queen’s Printer for Scotland.

Figure 15.1 Redrawn from INDG 350 The Idiot’s Guide to CHIP: Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 (HSE Books, 2002) ISBN 0717623335. © Crown Copyright material is reproduced with the permission of the Controller of HMSO and Queen’s Printer for Scotland.

Chapter 15 Courtesy of Stocksigns.

Page 395

Page 396

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To enable successful management of both ﬁ re and health and safety it is vital to develop a solid base of understanding and the key elements that will provide a foundation upon which to build. For students and safety professionals alike the information presented in this book outlines the legal requirements and management considerations that will assist the reader to successfully minimise the risk of harm from ﬁ re in the workplace.

1.1 Deﬁ nitions

The terms relating to the management of safety in this chapter are deﬁ ned by a variety of publications. To clarify the meaning of the text, it is important to establish a

common understanding of the following, frequently used basic terminology:

Occupational health and safety – factors and conditions that can affect the well-being of persons within the workplace, i.e. employees, contractors, temporary workers and visitors.

Safety – the freedom from unacceptable risk from harm.

Fire/combustion – a chemical reaction or series of reactions involving the process of oxidisation, produ- cing heat, light and smoke. There are two classes of ﬁ re: conﬂ agration (where combustion occurs relatively slowly) and detonation (where combustion occurs instantaneously).

Ill health – the term ill health includes acute and chronic physical or mental illness which can be caused or made worse by physical, chemical or biological agents, work activity or environment.

Accident – an undesired event resulting in death, ill health, injury, damage, environmental loss or other loss.

Incident – an undesired event that does not result in any harm or loss. Incidents are often referred to as near misses; some organisations refer more accurately to ‘incidents’ as ‘near hits’.

False alarm – an unwanted fi re signal resulting from a deliberate operation of a fi re safety system, the unintentional electrical actuation of a fi re safety system, or the actuation of a fi re safety system with good intent (believing there to be a fi re).

Environmental protection – management arrange- ments to cover the protection of the environment, including mitigating the effects from ﬁ re ﬁ ghting and other emergency operations from pollution, caused by workplace operations.

1

Fire safety foundations

This chapter discusses the following key elements:

➤ The scope and nature of both ﬁ re and occupational health and safety

➤ The moral, legal and ﬁ nancial reasons for promoting good standards of safety within an organisation

➤ The legal framework for the regulation of ﬁ re and health and safety

➤ The legal and ﬁ nancial consequences of failure to manage safety

➤ The nature and signiﬁ cance of key sources of ﬁ re and health and safety information

➤ The basis of a system for managing safety.

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Hazard – a source or situation with the potential to cause harm (death, injury, ill health, damage to property or environment).

Risk – the combination of the likelihood and severity (consequences) of a hazard causing harm.

Further deﬁ nitions will be provided throughout the book.

1.2 Scope and nature

In today’s complex world effective safety management is the cornerstone of managing an economically viable business. The requirement to manage safety effectively extends to all private and public business sectors. Legal responsibilities for safety performance extend throughout all organisations from the management board to the student on work experience.

Every operation within any organisation has an impact on the safety not only of those undertaking and managing the work but also of others who may be affected by their work activities. Any product or service provided to any body must be designed or delivered in such a way as to reduce the risks to the end users to an acceptable level. Therefore it can be seen that safety is inextricably linked with all facets of work.

The failure to manage safety adequately all too often results in death or injury, chronic ill health and damage to property and/or the environment. Such results have a signiﬁ cant impact on the physical and economic well- being of society.

In the Health and Safety Commission’s (HSC) revitalising health and safety strategy statement the cost of health and safety failures to society as a whole was estimated as being as high as £18 billion annually. In

terms of the cost of ﬁ re alone in the UK, the direct costs were estimated to be in the region of £8 billion for 2003, which is equivalent to about 1% of the gross domestic proﬁ t (GDP) of the English and Welsh economy.

In Europe, the guiding philosophy of legislation since the early 1990s has been for those who work with hazards and risks in relation to ﬁ re and health and safety to effectively control them. This requires organisations and individuals to assess the potential risks associated with their work activities and to introduce effective measures to control such risks.

High proﬁ le prosecutions in the UK have reinforced the message that the responsibility for effective safety management rests not only with the body corporate but also with individuals within an organisation.

1.3 The moral, legal and ﬁ nancial reasons for promoting good standards of safety within an organisation

1.3.1 Moral (humane) reasons

There are a number of convincing arguments for the promotion of good safety standards. The human consequences of ﬁ res, accidents and incidents are wide- spread and affect a number of different people in differ ent ways.

The most obvious result of a ﬁ re or an accident at work is that the persons directly involved are likely to suffer. The impact on these individuals ranges from death through to relatively minor injuries. In addition to the physical impact on a person, it is often the case that individuals involved in any form of safety event suffer some form of physiological ill health.

Less obvious, but no less real, are the effects upon the families and dependants of those who suffer injury or ill health caused at work. The impact on these groups can be signiﬁ cant and wide ranging, e.g.:

➤ The emotional stress of seeing a family member suffer

➤ Financial hardship due to loss of earnings

➤ The loss of social amenity

➤ The potential requirement for the provision of long- term care.

In addition to those directly affected, work colleagues and other witnesses of any serious work-related injury are proven to be susceptible to a number of related physio - logical disorders such as post-traumatic stress disorder (PTSD).

Figure 1.1 Aftermath of ﬁ re – the cost of failing to manage ﬁ re safety

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Fire safety foundations

There can also be signiﬁ cant emotional and physiological consequences for those who may consider themselves to some degree directly responsible for killing or injuring a work colleague, member of the public or a product/service user by either failing to manage safety effectively or through simply making a mistake.

Every working day in Great Britain, at least one person is killed and over 6000 are injured as a result of work activities and about one million people take time off because of what they regard as work-related illness.

In total, accidents and work-related ill health result in about 30 million lost work-days.

1.3.2 Financial reasons (economic costs)

It is widely accepted and understood that safety events (accidents, incidents, fi res, environmental damage, etc.) cost money. The fi nancial costs to an organisation following a fi re are substantial. There is a perception that the majority of such costs are insurable; however, as can be seen from the research undertaken on behalf of the HSE, The Cost of Accidents at Work, there are numer- ous areas which are not covered by insurance.

Financial surveys undertaken on behalf of the insurance organisations identify clearly the cost of ﬁ res to the British economy, details of which are shown in the graph in Figure 1.3.

As can be seen from the graph the estimated ﬁ nancial losses attributed to ﬁ re are based upon those

Figure 1.2 The human cost of ﬁ re Figure 1.3 Graph detailing estimated ﬁ re losses

0 10 20 30 40 50 60 70 80 90

Estimated loss £M

Estimated fire losses in £M for the year 2004–2005

Retail

Local/National Gov.

Education Hospitality

Food & Drink Industry

Plastics industry Dwelling

Unoccupied building

Wholesale Engineering

Chemical industry

Community centre

Entertainment and leisure industry

Warehouse

Timber and furniture industry Transport

Sport and recreation

Agricultural industry Construction industry

Office

Motor trade Library

Glass industry

Waste and recycling Metal industry

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causing losses in excess of £250 000. There are many ﬁ res falling outside the scope of the survey that result in an organisation failing to recover, particularly those relating to small to medium enterprises (SMEs).

These refl ect the costs to insurers (claims settle- ment) but do not, however, take into account a wide range of non-insurable costs. It is also often the case in industry now that organisations underwrite their own losses, particularly in relation to fi re and thus are responsible for fi nding the fi nancial sums to cover claims and losses which are often considerable amounts.

Regardless of whether people are injured or not, there will be a ﬁ nancial cost to organisations. The Accident Prevention Advisory Unit (APAU) of the Health and Safety Executive (HSE) has carried out extensive research into the cost of accidents at work, the results of which are summarised in the publication The Cost of Accidents at Work (HS(G)96).

Some accident costs are obvious, e.g. compensation payments, property damage, damaged product, sick pay, etc. These costs are referred to in HS(G)96 as the direct costs.

The indirect costs of accidents are not so obvious, e.g. replacement staff, investigation costs, poor publi city.

In addition, many of the direct and indirect costs are not recoverable as insured losses.

The relationship between insured and uninsured costs of accidents is highlighted in HS(G)96 where for every £1 paid in insurance premiums, the average non- recoverable costs were about 10 times the amount paid in premiums. The losses from day-to-day accidents range from 8 to 36 times the amount paid in premiums.

For most organisations, the cost of insurance premiums can be compared to the tip of an iceberg with the majority of the costs (uninsured and non-recoverable) lurking beneath the water line.

1.3.3 Legal reasons

The United Kingdom has, over time, developed a set of rules and standards. These rules and standards are reﬂ ected in civil and criminal laws, which regulate, among other things, our work activities.

In civil law, it has been established that employers must take reasonable care of their employees. Failure to meet these obligations can result in a claim for compensation by the individual/s who have suffered a loss.

The criminal law places statutory duties on employers, responsible persons and others to ensure the health and safety of employees and other persons who may be affected by the work activities.

Legislative control over fi re safety matters in the UK was rationalised in 2006 with the introduction of the Regulatory Reform (Fire Safety) Order 2005. The Order sets out in detail the roles and responsibilities of those charged with managing fi re safety within organisations (the ‘responsible person’) and that an assessment of fi re risk has been undertaken. The order is enforced by local fi re authorities (see section 1.4 below).

The Health and Safety at Work etc. Act 1974 (HSWA) together with the Management of Health and Safety at Work Regulations 1999 require employers to demonstrate that they have assessed and are managing their risks to their employees and other persons who could be affected by the work activity.

Failure to comply with any of the general safety or fi re specifi c legislation can result in signifi cant fi nes for companies and their managers, custodial sentences and enforcement action by the enforcement authorities.

1.3.4 The business case for managing fi re safety The moral, economic and legal consequences of a failure in any safety system can have a signifi cant impact upon a business. A serious fi re in a workplace that results from inadequate management of fi re safety matters can begin a spiral of events that may result in total business failure.

1.4 The legal framework for the regulation of ﬁ re and health and safety

There are two main branches of law of interest to the safety professional, civil and criminal.

Each has a bearing on the conduct of both employers and employees while carrying out their work activities. Table 1.1 provides a comparison of some signiﬁ - cant aspects of both branches of law and the following paragraphs discuss the key aspects in more detail.

Figure 1.4 Uninsured costs

Product and material damage Plans and building damage Legal costs

Expenditure on emergency supplies

Cleaning site

Production/service delays and temporary labour Investigation time Supervisors’ time diverted Clerical effort

Fines

Loss of expertise/experience Uninsured costs

Insured costs Covering injury, ill health, damage

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Fire safety foundations

Aspect Criminal law Civil law

Primary source Statutes, Orders, regulations issued Legal precedent – the accumulation of decisions

by Parliament made in various cases

Purpose To regulate society by punishing the offender To compensate those who have suffered loss or harm and discouraging others as a result of others’ action or omissions

Judged by Criminal court system Civil court system

Burden of proof In general the defendant is presumed innocent If there is sufﬁ cient evidence to infer a breach has until proved guilty. However, for prosecutions occurred the burden of proof moves to the defendant under section 40 of the HSWA it is the defendant who must prove he has in fact acted ‘reasonably’

who must prove he has in fact acted ‘reasonably’

Standard of proof Must be proved beyond reasonable doubt. Need only be proved on the balance of probability However, for prosecutions under section 40 of

the HSWA the defendant need only prove his case on the balance of probabilities

Outcomes Fines, imprisonment and/or ofﬁ cial orders Orders to pay compensation

Insurance Cannot be insured against Can be insured against and in the case of employer

liability, must be insured against (see below)

Table 1.1 Two main branches of law

Figure 1.5 Business case for managing ﬁ re safety

INADEQUATE FIRE SAFETY MANAGEMENT

FIRE

FAILURE TO MEET CONTRACTUAL OBLIGATIONS,

ORDERS, SERVICE DELIVERY, ETC.

LOSS OF MARKET SHARE REDUCED CASH FLOW

INCREASED COSTS REDUNDANCIES BUSINESS

FAILURE

STAFF DE-MOTIVATED

LEAVE

INADEQUATE SKILLS

ASSETS TO MAINTAIN BUSINESS

BUSINESS INTERRUPTION

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1.4.1 Criminal law

The criminal branch of law deals with offences against the state. The purpose of criminal law is to deter people from breaking the law and to punish them accordingly when they do, rather than to merely compensate the wronged party. Many types of criminal law exist for many different purposes and the most important of these in relation to ﬁ re and health and safety are as follows:

Acts of Parliament

Acts are sometimes referred to as statutes. The primary Act relating to health and safety in the UK is the Health and Safety at Work etc. Act 1974 (HSWA). This Act, among other statutes, imposes a number of legal duties on an employer and failure to comply with these duties may give rise to criminal liability, resulting in ﬁ nes and/or imprisonment.

Regulations and Orders

Many Acts of Parliament confer power on a Secretary of State or Minister of the Crown to make Regulations and Orders, these are also known as Statutory Instruments.

The speciﬁ c section of the HSWA that relates to this power is section 15. Statutory Instruments specify the more detailed rules of the parent Act. Regulations and Orders are referred to as ‘subordinate’ or ‘delegated’

legislation because the power to make them is delegated by an Act of Parliament. Parliament does not debate regulations and Orders and so they are able to be made and implemented quickly. Although Parliament does not debate Regulations they are legally binding and enforceable in the same way as statutes.

Regulations and Orders are written using the same legal terms as the statutes that enable them. To deﬁ ne the regulations and Orders in language that is easily understood, Approved Codes of Practice and Guidance notes are issued.

Approved Codes of Practice (ACoPs)

These Codes of Practice are issued by the Health and Safety Commission (HSC) and approved by the Secretary of State. They provide practical guidance on the requirements which are set out in the legislation. Although Approved Codes of Practice are not legally binding in themselves they are used as a minimum standard in a court of law.

They have a quasi legal status in that they give practical advice on how to comply with the law. If the advice in an ACoP is followed, those following it will be doing enough to comply with the law in respect of those speciﬁ c matters on which it gives advice. Alternative methods to those set out in an ACoP in order to comply with the law may be used.

Figure 1.6 Law courts Figure 1.7 Approved Codes of Practice

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If a prosecution is brought for a breach of health and safety law and it is proved that you did not follow the relevant ACoP you will need to show that your alternative method has enabled compliance with the law in some other way.

However, following guidance will normally ensure that the relevant law is being complied with.

European Union/British Standard (EU/BS) and Industry Guidance

EU/BS standards contain detailed information on the speciﬁ c standards for complying with health and safety and ﬁ re safety requirements, e.g. BS 5839 Part 1 – Fire Detection and Fire Alarm Systems for Buildings. Although compliance with EU/BS standards should assist to ensure legal compliance, this cannot be relied on as a defence in a court of law.

Industry guidance, such as SG4:05 – Preventing Falls in Scaffolding in False Work produced by the National Access and Scaffolding Federation, is simply regarded as best practice in that industry and has no formal legal status.

The relationship between Acts, regulations, Orders, ACoPs and guidance notes is illustrated in Figure 1.9.

Legal standards

In law some requirements placed upon employers and employees are more stringent than others. It is necessary to distinguish between:

➤ Absolute duties

➤ The duty to do what is practicable

➤ The duty to take steps that are reasonably practicable.

As an example, the Provision and Use of Work Equipment Regulations 1998 require that all persons who use work equipment have received adequate training for the purposes of health and safety. This is then inter- preted by the ACoP, which states that in the case of chainsaw users this training would be supported by a certiﬁ cate of competence or national competence award unless they are undergoing training and are adequately super- vised. An ACoP helps the reader to under- stand the requirements of the law to which it applies. Following ACoPs will ensure the law is complied with.

Guidance notes

Guidance notes are issued by governmental bodies such as the HSC HSE or HM Government as opinions on good practice. An example of a ﬁ re safety guidance note would be Fire Safety Risk Assessment. This guide explains in plain language what the reader must do to comply with the law. The guides are not legally binding unlike ACoP but they may be referred to in court as establishing a minimum standard.

Figure 1.8 Guidance notes

Figure 1.9 Acts, Regulations, Orders, ACoPs and guid- ance notes

Act

Regulations

ACoPs

Guidance Notes

EU/BS Standards

Industry Guidance

Statute law – failure to comply

is an offence

Can be used as evidence of minimum legal

standard

HSE opinion on good practice

No legal status Trade advice and best practice

only

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Absolute duties

These are requirements laid down in law which usu- ally state that something ‘shall’ or ‘shall not’ or ‘must’ or

‘must not’ be done. There is no effective legal defence against a breach of an absolute standard, including igno- rance. An example of an absolute standard would be the requirement laid down in Article 9(1) of the Regulatory Reform (Fire Safety) Order that a responsible person must make a suitable and sufﬁ cient assessment of the risks to which relevant persons are exposed for the purpose of identifying the general ﬁ re precautions he needs to take.

Regulation 3 of the Management of Health and Safety at Work Regulations 1999 requires every employer to carry out suitable and sufﬁ cient assessments of risk.

Article 23(1) of the RRFSO or section 7 of HSWA states that employees must take care of themselves or others (relevant persons) who may be affected by their acts or omissions.

Practicable duties

These require steps to be taken in light of what is actu- ally possible using current knowledge and technology, e.g. it is technically possible. A good example would be the requirement under regulation 11 of the Provision and Use of Work Equipment Regulations 1998 for all dangerous parts of machines to be guarded so far as it is practicable to do so. Obviously it would be impossible to guard every part of a grinding wheel, for example, so only those parts which it is practicable (technically pos- sible) to guard need to be covered.

However, unlike reasonably practicable below there is no quantum relating to the cost of provision.

Reasonably practicable duties

These require the employer to assess the risks associated with a particular work activity and then take appropriate measures to counteract those risks, taking into account the costs of the proposed controls. The controls may be measured in time, effort or money, and there will be an optimum balance point at which further risk reduction

would not be cost effective. The requirement is that the employer must reduce the risks using controls commen- surate with those risks; a balance needs to be struck.

1.4.2 Speciﬁ c ﬁ re and health and safety legislation

There are three key pieces of legislation relating speciﬁ - cally to ﬁ re and health and safety in England and Wales:

➤ 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.

As it is the basis upon which our current safety legislation is founded we will look at the Health and Safety at Work etc. Act ﬁ rst.

The Health and Safety at Work etc. Act 1974

This Act came into force as a result of work undertaken by the Rubens Institute, in 1972. In essence the Act con- fers duties on a number of key parties in relation to health and safety. The primary responsibilities are held by:

➤ Employers

➤ Occupiers of premises

➤ Designers, manufacturers, suppliers, importers, installers, etc.

➤ Employees

➤ Personal liabilities

➤ HSC and HSE.

Employers

The general duty of employers under the Act is to ensure, so far as is reasonably practicable, the health safety and welfare at work of all his employees. This general duty is extended to include the following speciﬁ c requirements:

➤ The provision of safe plant and systems of work

➤ The safe storage, handling, use and transportation of articles and substances used at work

➤ The adequate provision of information, instruction and training with supporting supervision

➤ A safe place in which to work with adequate means of access and egress

➤ A safe working environment with appropriate provision of welfare facilities.

The Act also places a duty upon an employer to produce a health and safety policy which if there are ﬁ ve or more employees should be written down.

There is also a general duty for an employer to consult with duly appointed trade union safety representatives and to form safety committees given certain criteria.

Figure 1.10 Balancing risk against cost

Magnitude of risk

Time Effort Money

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Employers are also responsible for ensuring the safety of other persons who may be affected by their work activities and thus the law implies that assessment of risk, in relation to such persons, should be undertaken.

Such persons may be:

➤ Contractors undertaking works

➤ Visitors

➤ Members of the public

➤ Emergency service personnel (undertaking their duties)

➤ Enforcement agency staff.

The employer is also required to make provision for other items in relation to safety for which they are not able to charge, e.g. personal protective equipment (PPE) for protecting a person’s eyes.

Occupiers (persons in control of premises)

Occupiers having overall control of premises also have duties to ensure the safety of persons while on the premises, e.g. a council allowing organisations/persons to utilise council land (parks) for which they have overall control are responsible for all persons coming onto them, so far as is reasonably practicable.

Occupiers therefore need to ensure, so far as is reasonably practicable:

➤ The safe access and egress of persons to and from the premises they have control over

➤ That plant or substances that are made available are safe and without risk.

Occupiers also have a duty under the Occupiers Liability Acts 1957 and 1984. The original 1957 Act places a duty upon those in control of premises to ensure that any visi- tor is reasonably safe, having been invited or permitted by the occupier to be there. This duty includes children for whom there is a higher duty of care. The Act does also require that any person on site also acts in a reasonable manner.

The 1984 Act extends the duty to other persons and takes into account trespassers. In these circumstances the occupier must take reasonable care to ensure that anyone on the premises, invited or uninvited, will not be harmed by a condition or activity and it is therefore the occupier’s responsibility to know of the dangers that people may face and if trespassers operate in the vicinity.

Designers, manufacturers, suppliers, importers, installers, etc.

The HSWA places duties on persons who design, manu- facturer, import, supply or install any article or substance used at work.

The duty that the Act imposes on these persons is, so far as is reasonably practicable, to:

➤ Ensure goods and substances used at work are safe and without risks to health when properly used Figure 1.11 Employers are responsible for all persons affected by their work

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roles and responsibilities. The Act also lays down the mechanisms by which the Act will be enforced, which will be dependent upon the type of business activity being undertaken.

Table 1.2 indicates which enforcing body is responsible for various business sectors.

➤ Conduct such tests and examinations as are necessary

➤ Provide adequate, up-to-date safety information

➤ Conduct research to identify, eliminate or minimise any risks to health and safety

➤ Ensure that nothing about the way that the article is installed or erected makes it unsafe.

This section is also very important when considering fi re risk, particularly that which relates to the fi re retardant nature of products or installing fi re safety systems.

Personal liabilities

All employees The Act places three key duties on employees:

➤ To take reasonable care of their own health and safety and of others who may be affected by their acts or omissions at work

➤ To cooperate with their employer and others in the discharge of their legal obligations

➤ Not to interfere or misuse anything that is provided for their safety (although this refers to all persons not just employees).

Senior managers/directors In addition to their own personal liabilities as ‘employees’, section 37 of the Act enables the enforcement authorities to prosecute senior manager/directors as well as the corporate body, where the individual (holding a senior position and can be seen as ‘the controlling mind’) has been deemed to have con- sented, connived or neglected with a duty by an act or omission in breach of any statutory legislation.

HSC & HSE

The Act established both the health and safety commission and the health and safety executive identifying their

Manufacturers

Designers

Installers Suppliers

Erectors

Importers Duty Holders Section 6

Figure 1.12 HSWA section 6 duty holders

The Management of Health and Safety at Work Regulations 1999 (MHSW)

The Management of Health and Safety at Work Regulations 1999 (MHSW) originally arrived on UK statute books in 1992 as part of the requirements to implement the European Framework Directive of 1989.

The regulations are detailed and accompanied by both an ACoP and guidance, and provide a cornerstone in the overall management of health and safety within the UK. They also form the basis from which the Regulatory Reform (Fire Safety) Order 2005 was produced.

Risk assessment

Employers have an absolute duty to make suitable and sufﬁ cient assessment of health and safety risks, including risks from ﬁ re. They must take into account employees and others who may be affected by their work activities.

The purpose of the risk assessment is for the employer to be able to ascertain what they have to do to comply with their legal obligations. Particular attention has to be given to assess risks where young persons (that is, people under 18 years of age) may be at risk. This regulation also requires employers to record the results of risk assessments and to review risk assessments.

Principles of prevention to be applied

The MHSW requires employers who are implement- ing risk control measures (referred to as preventive and protective measures) to follow the principles set out in the regulations. These principles are a hierarchy of risk control measures of the type described in Chapter 5.

The hierarchy begins with ‘avoiding risks’ and ends with

‘giving appropriate instructions to employees’.

Table 1.2 HSE enforcing body table

HSE Local enforcers

Construction Ofﬁ ces

Off shore Shops

Factories Restaurants

Petro-chemical works Hotels

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Health and safety arrangements

Employers are required to make, give effect to and in certain cases record appropriate health and safety arrangements. These arrangements should cover plan- ning, organisation, control, monitoring and review of preventive and protective measures.

Health surveillance

It is a requirement of the regulations that employers ensure that, where appropriate, adequate health surveillance is provided for employees at risk of exposure to substances and activities that have the potential to cause ill health.

Health and safety assistance

Employers are required to appoint one or more competent persons to assist them to comply with their obligations under safety legislation. Should more than one person be appointed, there must be adequate arrangements for ensuring cooperation between them. Preference should be given to appoint ‘in company’ where competent persons are available.

Procedures for serious and imminent danger

Employers must establish and implement procedures to be followed in the event of serious and imminent danger to persons working in their respective undertakings. Common procedures are likely to be established for fi re, bomb and environmental release. More specifi c procedures will also be required for danger areas such as exposure to asbestos, or rescues from confi ned spaces or from activated fall arrest devices (harnesses).

Contacts with external services

In further support of the arrangements for serious and imminent danger employers are required to ensure that any necessary contacts with external services are arranged, particularly as regards ﬁ rst aid, emergency medical care and rescue work.

Information for employees

Employers are duty bound to provide information to their employees on, for example, the arrangements for emer- gencies, competent persons and the risks to their health and safety identiﬁ ed by assessments. Information should also be provided on the preventive and protective measures required to prevent harm occurring. Where a child is employed (under school leaving age) by an employer, such information that would normally be provided to an employee will also be required to be provided to a parent.

Cooperation and coordination

Every employer and self-employed person who shares a workplace with any other employer or self-employed person is required to cooperate with that other person so far as is necessary to enable him to comply with his statutory safety obligations.

In addition there is also a requirement to coordinate the measures taken in compliance with statutory health and safety obligations with measures by other persons and to provide those other persons with speciﬁ ed health and safety information particularly in relation to the ﬁ ndings of risk assessments.

Figure 1.13 Cooperation and coordination with others

Persons working in host employer’s or self-employed person’s undertakings

Host employers must ensure that the employers of people working in the host employer’s undertaking are given comprehensible information on risks to the employees’ health and safety and any control measures taken by the host employer to minimise the risks.

Host employers also have to provide employees of other organisations with comprehensible information on the risks to their health and safety such as emergency response procedures.

Capabilities and training

This part of the regulations requires employers to consider their employees’ capabilities prior to assigning tasks and also ensure that in speciﬁ ed circumstances their employees are provided with adequate health and safety training. In addition employers should also establish a system to enable them to provide refresher training where appropriate and to adapt training to take account of new or changed risks to health and safety.

Such health and safety training must be conducted dur- ing working hours.

Introduction to Fire Safety Management

Introduction to Fire Safety

Management

Introduction to Fire Safety

Management

Andrew Furness

Martin Muckett

Contents

Contents

Preface

Acknowledgements

About the authors

Illustrations credits

Principles of ﬁ re and explosion

Illustrations credits

Principles of ﬁ re and explosion

Illustrations credits

1.1 Deﬁ nitions

1

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1.2 Scope and nature

1.3 The moral, legal and ﬁ nancial reasons for promoting good standards of safety within an organisation

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1.4 The legal framework for the regulation of ﬁ re and health and safety

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Act

Regulations

ACoPs

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