New advice on fire strike

A safety checklist has been issued to BECTU representatives ahead of a firefighters' walkout.

Branch officers and safety reps have been reminded that the Health & Safety at Work Act 1974 places a duty on workers not to put themselves, or those working around them, at risk.

BECTU is also advising that workplace risk assessments, a requirement of the 1999 Health and Safety at Work Regulations, might not have taken account of the extra dangers posed to staff and public by the withdrawal of Fire Service cover.

The union has emphasised the importance of "competent persons" - staff or managers nominated by an employer who are responsible for ensuring that adequate procedures are in place to deal with "serious and imminent danger" in the workplace.

Among the documents issued by BECTU is a safety checklist which union representatives can use to reassess their workplaces if the FBU's 8-day stoppage goes ahead.

Further advice on safety during the firefighters' strike is available from Andy Egan at BECTU Head Office (020 7346 0900) or the industrial officers who deal with each division of the union.

Go to safety checklist or download .pdf

Read legal advice from BECTU or download .pdf

Advice for BECTU Health and Safety Representatives concerning Fire Brigade Union industrial action

Introduction

The potential absence of professional fire-fighters has serious implications for our members. This information sheet is designed to assist H&S representatives in advising BECTU members of their entitlement to not be placed at risk by their employer. In considering the advice issued to members regarding the FBU strike, it is necessary to take account of the following:

  1. The increased hazards resulting from the non-attendance of the Fire Service during any such period of industrial action.
  2. The risks caused by the hazards identified.
  3. Those persons at risk.
Some workers will be more at risk than others, due to the nature of their work. For example, work involving hazardous substances is clearly a higher risk activity than general clerical work, particularly as the emergency cover provided by the armed forces will not have the level of expertise, training, experience or equipment possessed by professional fire-fighters.

Fire safety checklist

It is necessary to take account of the different hazards apparent on a workplace-by-workplace basis in the event of industrial action by the FBU. To this end, it may be prudent to use a checklist, broken down into the following categories:

  1. Workplace 'geography' and environment - to take account of the size, height and nature of the workplace environment, particularly with regard to the limitations of the emergency cover provided by the armed forces. For example, work above the second floor needs to be assessed, as the equipment carried by a Green Goddess is not capable of reaching as high as the equipment carried by a modern fire appliance.
  2. The nature of the work process - to take account of activities with risks of fire, road traffic accidents, chemical, biological or radiation accidents, or from persons becoming trapped in machinery, under collapsed structures, at height, or in confined spaces. For example, work with hazardous substances needs to be assessed, as the emergency cover provided by the armed forces does not carry the range of fire-fighting materials that professional fire-fighters have available to them.
  3. Electrical and electronic hazards - to take account of high-risk activities involving electrical equipment, and also the nature of modern fire safety systems, many of which are electronic, automated or computerised. For example, the emergency cover provided by the armed forces only carries water - not much use on an electrical fire.
  4. Emergency procedures - to take account of any changes to emergency and evacuation procedures that may be required to ensure the safety of both workers and members of the public. For example, it is inevitable that the response time of the emergency cover provided by the armed forces will be slower than that of professional fire-fighters - this will bring into question the use of refuge areas for disabled or infirm persons.

Once the checklist has been completed, it will be possible to identify the nature of the hazards, those persons at risk, and an appropriate response to the risks identified. This will enable workers and their H&S representatives to ensure that their employer has taken suitable and sufficient measures to eliminate or control the risks apparent, and to ensure the safety of their employees and any other persons at risk. This is part of an employer's statutory 'duty of care'.

For ease of reference, a simple fire safety checklist matrix for use during any industrial action by the FBU is shown below (this can be copied for use in your workplace - please forward a completed copy of this checklist to your National Official at BECTU Head Office).

  Increased hazards caused by fire-fighters strike Risks caused by hazards identified Persons at risk
Workplace 'geography' and environment      
Nature of work process      
Electrical/electronic process      
Emergency procedures      

Competent persons

In certain circumstances, it may be necessary to seek the advice of the employer's designated competent person. For example, in an evacuation caused by the fire alarm being set-off, it would be inappropriate for a person unfamiliar with alarm systems to advise on whether to return to the workplace - a competent person, such as an alarm engineer or a Fire Marshall should issue this advice.

Similarly, if the lifts within a workplace cease working, it is a lift engineer who should issue advice on whether the lifts are safe to be used - after all, you would not expect your local butcher to carry out open-heart surgery. The same principle applies to other areas of expertise.

Advice to members

The advice issued to workers must be consistent, and based upon the employer's statutory duties towards their employees and others who may be affected by the employer's undertaking. It may be useful to consider the relevant Regulations, so as to ensure all necessary requirements are met. However, it is important to keep any advice issued as simple and uncomplicated as possible. Some of the Regulations to take account of are set out below.

The Health and Safety at Work Act 1974

The enabling Act under which Health and Safety Regulations and Statutory Instruments are issued. Specific attention should be paid to Section 7, which places a duty on workers not to place themselves, or those working around them, at risk.

The Fire Precautions (Workplace) Regulations 1997

Fire-fighting and fire detection

4. (1) Where necessary (whether due to the features of a workplace, the activity carried on there, any hazard present there or any other relevant circumstances) in order to safeguard the safety of employees in case of fire-

  1. a workplace shall, to the extent that is appropriate, be equipped with appropriate fire-fighting equipment and with fire detectors and alarms; and
  2. any non-automatic fire-fighting equipment so provided shall be easily accessible, simple to use and indicated by signs,

and for the purposes of sub-paragraph (a) what is appropriate is to be determined by the dimensions and use of the building housing the workplace, the equipment it contains, the physical and chemical properties of the substances likely to be present and the maximum number of people that may be present at any one time.

(2) An employer shall, where necessary in order to safeguard the safety of his employees in case of fire

  1. take measures for fire-fighting in the workplace, adapted to the nature of the activities carried on there and the size of his undertaking and of the workplace concerned and taking into account persons other than his employees who may be present;
  2. nominate employees to implement those measures and ensure that the number of such employees, their training and the equipment available to them are adequate, taking into account the size of, and the specific hazards involved in, the workplace concerned; and
  3. arrange any necessary contacts with external emergency services, particularly as regards rescue work and fire-fighting.

The Management of Health and Safety at Work Regulations 1999

Risk assessment

3(1) Every employer shall make a suitable and sufficient assessment of - 

  1. the risks to the health and safety of his employees to which they are exposed whilst they are at work; and
  2. the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking,

for the purpose of identifying the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions and by Part II of the Fire Precautions (Workplace) Regulations 1997.

3(2) Every self-employed person shall make a suitable and sufficient assessment of

  1. the risks to his own health and safety to which he is exposed whilst he is at work; and
  2. the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking,
for the purpose of identifying the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions.

3(3) Any assessment such as is referred to in paragraph (1) or (2) shall be reviewed by the employer or self-employed person who made it if

  1. there is reason to suspect that it is no longer valid; or
  2. there has been a significant change in the matters to which it relates; and where as a result of any such review changes to an assessment are required, the employer or self-employed person concerned shall make them.
3(4) An employer shall not employ a young person unless he has, in relation to risks to the health and safety of young persons, made or reviewed an assessment in accordance with paragraphs (1) and (5).

3(5) In making or reviewing the assessment, an employer who employs or is to employ a young person shall take particular account of-
  1. the inexperience, lack of awareness of risks and immaturity of young persons;
  2. the fitting-out and layout of the workplace and the workstation;
  3. the nature, degree and duration of exposure to physical, biological and chemical agents;
  4. the form, range, and use of work equipment and the way in which it is handled;
  5. the organisation of processes and activities;
  6. the extent of the health and safety training provided or to be provided to young persons; and
  7. risks from agents, processes and work listed in the Annex to Council Directive 94/33/EC on the protection of young people at work.
3(6) Where the employer employs five or more employees, he shall record-
  1. the significant findings of the assessment; and
  2. any group of his employees identified by it as being especially at risk.

The Management of Health and Safety at Work Regulations 1999

Procedures for serious and imminent danger, and for danger areas
8(1) Every employer shall
  1. establish and where necessary give effect to appropriate procedures to be followed in the event of serious and imminent danger to persons at work in his undertaking;
  2. nominate a sufficient number of competent persons to implement those procedures in so far as they relate to the evacuation from premises of persons at work in his undertaking; and
  3. ensure that none of his employees has access to any area occupied by him to which it is necessary to restrict access on grounds of health and safety unless the employee concerned has received adequate health and safety instruction.
8(2) Without prejudice to the generality of paragraph (1)(a), the procedures referred to in that sub-paragraph shall
  1. so far as is practicable, require any persons at work who are exposed to serious and imminent danger to be informed of the nature of the hazard and of the steps taken or to be taken to protect them from it;
  2. enable the persons concerned (if necessary by taking appropriate steps in the absence of guidance or instruction and in the light of their knowledge and the technical means at their disposal) to stop work and immediately proceed to a place of safety in the event of their being exposed to serious, imminent and unavoidable danger; and
  3. save in exceptional cases for reasons duly substantiated (which cases and reasons shall be specified in those procedures), require the persons concerned to be prevented from resuming work in any situation where there is still a serious and imminent danger.
8(3) A person shall be regarded as competent for the purposes of paragraph (1)(b) where he has sufficient training and experience or knowledge and other qualities to enable him properly to implement the evacuation procedures referred to in that sub-paragraph.

Fire safety information sheet

Introduction

This information sheet is designed to give our safety representatives a basic understanding of fire safety and fire risk assessments under the current law. This information will enable you to ensure that BECTU members' at not left at risk from a lack of emergency procedures in the workplace.

Fire certificates

Under the Fire Precautions Act 1971, offices, shops, and factories must have a fire certificate

  • If there are more than twenty people at work,
  • If there are more than ten people working other than on the ground floor,
  • If it is within a shared building where the total number of people at work fulfil either of the previous two criteria,
  • If explosive or highly flammable materials are stored, or used in or under a factory.

A fire certificate will specify what fire precautions must be taken for the workplace concerned, including escape routes, signs, emergency lighting, alarms, fire fighting equipment, the number of persons allowed on the premises at the same time, and any requirement for training workers. Safety representatives are entitled to see a copy of the fire certificate and should ensure that the employer is meeting all of its statutory duties.

Fire risk assessments

Virtually all workplaces must now have fire risk assessments conducted, in accordance with the Fire Precautions (Workplace) Regulations 1997 (as amended in 1999) and the Management of Health and Safety at Work Regulations 1999. Employers must carry out fire risk assessments (specifically or as part of their general risk assessments)

  • To identify fire hazards (combustible materials or sources of ignition, for example);
  • To assess the risks of fire.
  • Considering all workers and others who may be affected by a workplace fire and in particular those who might be especially at risk, and structural features which might promote the spread of fire (such as ducts and flues, openings in floors and walls).
  • To check whether existing arrangements are satisfactory or need improvement (for example can a fire be detected in a reasonable time, and can all the people at risk be warned).
  • To put into place measures to remove or reduce the risks identified, including adequate provision for people with disabilities or special needs who use or may be present at the premises.

The findings of the risk assessment must be recorded if more than five people are employed. The risk assessment must be reviewed whenever there is reason to suspect that it is no longer valid, or if there has been a significant change in the matters to which it relates. A significant change would include a structural alteration, a change in the route of fire escapes, or industrial action by the Fire Brigade. Employers must also

  • Provide and maintain such fire precautions as are necessary to safeguard those at work, as determined by the fire risk assessment. The fire precautions may include fire-fighting equipment, detectors, and alarms. Non-automatic fire-fighting equipment must be readily accessible, easy to use, and indicated by signs.
  • Nominate and train workers to be responsible for implementing fire fighting measures and for undertaking any special roles which are required under the emergency plan for the workplace.
  • Provide a suitable system of regularly servicing and maintaining fire equipment, keep emergency routes clear, and comply with specific criteria relating to routes, doors, and signs so that those in the building can get out;
  • Provide information, instruction, and training to all workers about fire risks and precautions in the workplace so that they know what to do in the event of a fire.
  • Consult with safety reps about the nomination of 'responsible' persons, proposals for improving fire safety, and fire risk assessments;
  • Inform other employers in the same building of any significant risks they have identified which might affect the safety of their workers, and co-operate on proposals to reduce and control these risks;
  • Establish a suitable and easy means of contacting the emergency services;
  • Notify the fire authority before making changes to the workplace fire precautions after a risk assessment, if the workplace requires a fire certificate and the proposed change affects the terms and conditions of this certificate. Examples include extensions or structural alterations, alterations to the internal arrangement, or to the arrangement of furniture or equipment which effect the means of escape.

Safety Representative action

Remember your rights to consultation under the Safety Representatives and Safety Committees Regulations 1977, the Management of Health and Safety at Work Regulations 1999, the Fire Precautions (Workplace) Regulations 1997, and do not be afraid to use them.

  • Ask to see a copy of the Fire Certificate, and the Fire Risk Assessment - have the requirements in both been met?
  • Liaise with fire officers when they visit your workplace and ask for a copy of any report they produce.
  • Remember to speak to the members - they often know far more about potential hazards.
  • Use the attached checklist to check both the Fire Certificate and the Fire Risk Assessment, and also to carry out a workplace inspection.

Fire safety checklist

Fire Risk Assessments and Fire Certificates

  • Has an assessment of fire risks been conducted?
  • Have the results been acted upon?
  • Does it need to be reviewed?
  • Has an emergency plan been drawn up (if required)?
  • Is there a fire certificate?
  • Have all the conditions of this been complied with
  • Have there been significant changes which should be notified to the local fire authority?
  • Are safety reps consulted before changes are made to work or to the workplace?

The workplace

  • Are separate storage arrangements for flammable chemicals, gas cylinders, and waste materials available and clearly marked?
  • Is combustible waste regularly and safely disposed of?
  • If smoking is allowed in the workplace, are there satisfactory arrangements for cigarettes and matches to be disposed of safely and separately from other combustible rubbish?
  • Are clear fire instructions displayed throughout the workplace?
  • Is electrical equipment serviced regularly to prevent sparks and fires?
  • Have sources of ignition (e.g. portable heaters) been replaced with safer alternatives?

Fire drills

  • Are they carried out regularly and at least once per year (preferably once every 6 months)?
  • Does their timing and frequency take into account staff turnover, staff working outside of normal hours, or staff in isolated parts of the workplace?
  • Are non-workers included?
  • Are particular arrangements necessary for the evacuation of people with disabilities?
  • What went correctly and what went wrong?
  • Are faults put right before the next drill?
  • Does management keep records of drills and training with details of any problems found and the action taken to put them right?

Fire alarms

  • Are they checked and tested once per week by a trained person, and annually by a competent engineer?
  • Are they capable of warning all workers?
  • Are maintenance and servicing records kept?
  • Are there other forms of fire warning, such as flashing lights for hearing-impaired staff or visitors?

Smoke detectors

  • Are they checked and tested once per week by a trained person and annually by a competent engineer?
  • Are maintenance and servicing records kept?

Fire fighting equipment

  • Are there trained staff who know how and what to use?
  • Are suitable fire extinguishers provided in vehicles, and are drivers trained to use them?
  • Are they checked at least monthly, removed and replaced without delay if faulty, with a full check and test by a competent engineer annually?
  • Are fire extinguishers refilled after use and tested annually by a trained person?
  • Are maintenance and servicing records kept?

Training for workers

Are all workers given information, instruction, and training by a competent person on

  • Fire risks and precautions to be taken to avoid fire?
  • What to do if they discover a fire?
  • Recognising the fire alarm and what to do when it is raised?
  • Evacuation procedures, including arrangements for members of the public, and people with disabilities?
  • Escape routes, fire exits, and assembly areas?
Some workers may need additional training about special risks in their workplace, for example staff in theatres working at height, using special effects, or working with hazardous substances, etc, or electrical and maintenance engineers workers designated in emergency plans to supervise evacuations and fire drills.

Fire escape routes

  • Is emergency lighting provided and tested regularly, with a full check and test by a competent engineer annually?
  • Are maintenance and servicing records kept?
  • Are they clearly signed?
  • Are they kept clear and are they wide enough to prevent a crush?
  • Do they lead quickly and directly to a safe area (within 2-3 minutes)?
  • Do they take account of elderly, young, sick, or disabled people who may be on the premises?

Fire doors and exits

  • Are they clearly marked are they kept clear on both sides at all times?
  • Do they lead quickly to a safe area - and not for example into an enclosed yard?
  • Do they open in the direction of escape (must not be sliding or revolving)?
  • Are they easily and quickly unlocked in the event of fire, by 'panic bars' for example (they must not be locked by a key or similar device during working hours)?
  • Are they kept closed (fire-resisting doors are specially constructed and placed to hold back fire and allow time for people to escape, so they must never be left or propped open)?
21 November 2002