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6
FIREFIGHTERS
NEWS
“The votes are in and it’s confirmed -
current fire safety legislation is flawed”
Clearer Advice Needed
Gerry Dunphy, Sales Director, Firex International
From Peter Hopkins, Freeman and Brigade link
for the PR and Marketing working group of the
Company.
Nearly everyday across the UK I deal with issues
around either fire safety or workplace safety that
involves a link to the Regulatory Reform (Fire
Safety) Order 2005. Similarly, there are just as
many questions about its effectiveness and how it
is enforced. The article below caught my eye
and, with the permission of Gerry Dunphy the
author, we reproduce an edited version here in
Salamander, with the aim of (hopefully)
provoking some discussion.
According to our latest poll, only 13% of
respondents found the Regulatory Reform (Fire
Safety) Order 2005 to be effective, with some
33% wishing the return of the old fire
certificates, much beloved by businesses and
public sector organisations in years gone by. But
really, do we want to go back? The government
certainly won’t - fire safety concerns barely
registering a pulse in the Westminster body.
Added to that, is the sheer cost of the operation
at a time when fire service efficiencies are under
review. Sending out legions of staff with safety
certificates hardly fits the current model, so it’s
not very likely such a labour-intensive operation
will be forthcoming, despite the expertise and
undeniable suitability the FRS holds.
So, is the Regulatory Reform (Fire Safety) Order
2005 fit for purpose?
Interestingly, 31% stated the legislation was
suitable, but the individuals needed clearer advice
as to what to do. Now call me naive, but a major
piece of legislation such as this required an
orchestrated and targeted information campaign
aimed at businesses and organisations across
England and Wales. Business owners and
organisation managers needed vital information
on the implications of the changes in process
plus, more important, on the impact the
legislation would have on them directly.
They needed to know their friendly
neighbourhood fire service representative would
no longer visit; they needed to know that a fire
risk assessment was their concern and the duty -
that's quite a challenge for someone running a
business whose attention and knowledge are
principally commercial. A concerted campaign
was needed to reach all sectors of industry
affected and would have unquestionably raised
the awareness levels and created tangible
momentum.
There have been numerous debates and
discussions about the ambiguity of the legislation,
particularly in respect to the term "responsible
person." This is another major cause for concern
within the business community. It’s not as if these
people set out to compromise life safety, but it
was often the case they simply didn’t know their
full expectations under the legislation. They did
not know this because the communication of the
changes was so poorly addressed. Obviously
ignorance before the law doesn’t stand up in
court but in this case, where the goalposts have
so clearly moved under the cover of darkness,
there is a degree of understanding.
Speaking very much as a civilian with a watching
brief on the fire sector, I find it perplexing that
many business owners I speak to are completely
unaware of the changes to this legislation, with
many still wondering when their fire inspections
were going to take place. Seven years of waiting
may even prompt them into looking into this, but
I fear "out of sight out of mind" will prevail.
Therefore there will be an increasing number of
cases and prosecutions in the years to come.
The solution to me seems simple and relatively
straightforward. Renew the campaigns to
educate and inform on a national level, to make
sure business owners and the responsible people
in general are at least aware they’ll have a
problem should the worst happen. The
fundamental essence of the legislation is to
improve life safety and create an environment
where a risk-based approach to fire protection is
endemic within the public and private sectors.
As it stands, the poll verifies there is
dissatisfaction with the current legislation in
addition to a feeling of a lack of clarity. Notices
are also vague. There is a lack of consistency
across the country as each fire authority
interprets the legislation in accordance to its own
levels of expectation.
Therefore I offer a challenge to DCLG and the
Government: review how you communicate this
legislation, and provide all affected parties with a
fair chance to assess their fire risks and overall
obligations. You’ll be greatly enhancing the
national life safety message and be helping to
deliver the originally intended outcome of the
changes in the legal framework. We’ve watched
how confusion and misinformation have made
this vital piece of law an object of anxiety and
despair - so it’s time to put it right.
Do you have a comment? Then email me direct
at: and we
can (if they are printable!!) include them in the
next Salamander.