Risk Assessments :    Basic Req’s    Young People    Dangerous Sub’s

This page aims to provide the reader with more detail on the basic legislative requirements for risk assessments.

Further information on our risk assessments may be found here.

Legislative Background

Since 1^st October 2006, the Regulatory Reform (Fire Safety) Order 2005 (“Fire Safety Order”) (for England & Wales) and the Fire Safety (Scotland) Regulations 2006 and the Fire (Scotland) Act 2005 (for Scotland) have been in effect imposing drastic changes to the regulatory regime for fire safety.

Further information on legislation may be found here.

Standard Risk Assessment Requirements

Both sets of the legislation above require the legal duty holder to undertake a fire-safety risk assessment¹. The risk assessments should include consideration of the following factors²:

• measures to reduce the risk of:
  • fire in relevant premises; and
  • the risk of the spread of fire in relevant premises;
• measures in relation to the means of escape from relevant premises;
• measures for securing that, at all material times, the means of escape from relevant premises can be safely and effectively used;
• measures in relation to the means of fighting fires in relevant premises;
• measures in relation to the means of:
  • detecting fires in relevant premises; and
  • giving warning in the event of fire, or suspected fire³, in relevant premises.

The legislation also requires that such measures are to be considered on the following basis⁴:

• avoiding risks;
• evaluating risks which cannot be avoided;
• combating risks at source;
• adapting to technical progress;
• replacing the dangerous with the non-dangerous or the less dangerous;
• developing a coherent overall fire prevention policy which covers technology, organisation of work and the influence of factors relating to the working environment;
• giving collective fire safety protective measures priority over individual measures; and
• giving appropriate instructions to employees.

In addition to these requirements, where there are young people to be at the premsies or dangerous substances present, further considerations may also apply. More information on these subjects can be found by clicking these links, or in the section pages shown above, top right.

Footnotes & References

1. Article 9 of the Fire Safety Order. Sections 53 and 54 of the Fire (Scotland) Act 2005.
2. Article 4 of the Fire Safety Order. Section 53 & schedule 2 of the Fire (Scotland) Act.
3. Please note: “or suspected fire” not expressly stated in the Fire Safety Order.
4. Article 10 and schedule 1, part 3 of the Fire Safety Order. Section 55 of the Fire (Scotland) Act.