Author Topic: Fire Risk Assessment Reviews  (Read 8612 times)

Offline William 29

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« on: November 02, 2007, 11:14:19 PM »
I am in the process of conducting FRA’s reviews for assessments conducted last year on the common areas of several blocks of flats.  In order to give the client the most appropriate advice and ensure they fulfil their legal obligations under the RRFSO what are your opinions as to if they would require reviewing?

My points being:

1. The majority have no persons employed, there is no requirement to record the significant findings (some don’t have any) although the guides   recommend recording in all circumstances.

2. The majority have not made any significant changes to which they relate.  The occupancy will be same and most only require an assessment of 3 or 4 staircase and corridors.

3. There is no specific time stipulation in the RRFSO for a review, it is open to judgement.

If I do go down the line of advising that they do not require reviews when would you suggest that they are no longer valid, if significant changes are not made.

Are any of you conducting reviews on this type of premises?  We normally review other premises types every 12 months unless there are changes etc in the interim.

Offline johno67

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« Reply #1 on: November 02, 2007, 11:41:30 PM »
Bear in mind that it only needs the RP to employ 5 or more in total (i.e. across all of their premises)

I can't believe they have no significant findings:  a block of flats with no preventive or protective measures (no fire resisting seperation, no fire alarm, no emergency lighting, no firefighting equipment) no one especially at risk, no emergency plan? Surely not.
Likes to play Devil's Advocate

Offline kurnal

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« Reply #2 on: November 03, 2007, 07:47:03 AM »
Who appointed you to carry out the reviews? Does this organisation have five or more employees?

I think if the significant findings are to be recorded then the minimum is a written summary of the basic fire precautions of the building, with reference to the benchmark standards to which it was designed eg 5588 part 1 etc.

A statement of compliance with this standard or an idication of variations against the guidance and justification of these if any. Details of relevant persons, including cleaners and contractors and any arrangements for the control of hot working.

For all the items listed by johno67 above a similar statement describing what is provided and how, when and by whom it is tested and maintained. This must include details of any ventilation provided.

Or you could do it the hard way and show some of the above on a plan! :)

You could produce your own proposals for te review based on risk. You could knock up a matrix showing the range of properties say high risk - tall, single stair, depived locality, record of vandalism,history of fires, rubbish in stairwells, reliance on engineered solutions,  mixed use,  etc giving a point for each and come up with a range of review dates ranging from 6 months to 3 years, stick a copy of this policy in the risk assessment showing the score achieved and the resulting review outcome  and Bobs your mothers brother.

Offline William 29

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« Reply #3 on: November 03, 2007, 08:11:26 AM »
I suppose really you would need to see the format of the assessments.  Yes of course the areas mentioned in Johno's comments are recorded but not specifically identified as significant findings (lets not open that one again for Phil B and the gang)  The areas (FR, FA, EL, FFE etc) are all recorded under a description of the premises and if anything significant say on the alarm system is identified it is recorded as a separate significant finding.  

Each block is managed by a property management company with each one having a resident’s management organisation e.g. Blackberry Court Residents Management Ltd.  This body is recorded as the RP as having sought third party legal advice it is they that have the controlling element to the premises.

The more than 5 employees does not apply as they are individual blocks.  We act on behalf on the property management company but the resident's associations/companies are the ones paying the fees.

I am just in the process of deciding if they need to be reviewed were on the original FRA’s nothing was identified as “significant” hence the posting.  You have to bear in mind that also that they range from converted houses with no more the 4 dwellings up to 72 dwellings in blocks of 6 over 2 floors.

Kurnal, I like your thread in the last para good comment.

 Thanks for the comments so far guys (and girls?!).................................

Offline PhilB

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« Reply #4 on: November 03, 2007, 09:10:14 AM »
Quote from: William 29
I suppose really you would need to see the format of the assessments.  Yes of course the areas mentioned in Johno's comments are recorded but not specifically identified as significant findings (lets not open that one again for Phil B and the gang)  The areas (FR, FA, EL, FFE etc) are all recorded under a description of the premises and if anything significant say on the alarm system is identified it is recorded as a separate significant finding.
Sorry to be pedantic William but this is extremely important and please don't take offence as none is intended.

You do not appear to undertstand the meaning of 'significant findings' if you believe there are none in the situation you describe. Now that concerns me as you are the person who is advising a responsible person.

Significant findings are not just deficiencies.

Read the Order itself, it is the PRESCRIBED INFORMATION that must be recorded. The PRESCRIBED INFORMATION does include the significant findings and significant findings must include the preventive & protective measures.

Furthermore the prescribed info also includes measures which have been or will be taken by the responsible person pursuant to the Order. Also article 11 requires the fire safety management systems in place to be recorded and I would also consider them to be significant findings.

I hope you'll agree that there is some info that needs recording in the case you describe.

Whether or not the assessments need reviewing if there have been no significant changes in the matters to which they relate is another matter.

If no changes then the review shouldn't take long and a simple attachment to the original assessment confirming that a review has been carried out and there have been no significant changes would suffice in my opinion.

On the question of recording, if there are not five or more employees the Order does not require the PRESCRIBED INFORMATION to be recorded, but how can you demonstrate due dilligence if you do not record it?

Offline William 29

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« Reply #5 on: November 03, 2007, 09:23:09 PM »
Phil B,

Difficult I think for you to give an unbiased comment without seeing the FRA's and you have assumed a lot (wrongly) in your comments which I feel has detracted from my original posting. It is also difficult to comment unless you are operating in the commercial sector trying to give RP's the best advice and the FRA's possible without charging the earth.  I HAVE read the Order and in my view it is how best to communicate the legal requirements of the Order within the document that is in a readable and understandable format that is very important.

If we are to use your line of thought how on earth would a lay person ever understand or conduct a suitable and sufficient FRA.  I assume that if you audit them that very few would be acceptable?  Also from my experience when auditing FRA’s even when the format or content is not up to the “standard” (ACOP, Guidance note 1 or whatever)  if nothing significant can be found during the premises audit it would be very difficult to PROVE that an FRA is not suitable and sufficient.  But again we are now way off the original posting.  However I include the comment below which I am sure you have read but also for the benefit of others that may not have.

What is suitable and sufficient? The term is difficult to define and the Courts have not, (in several years) been asked to define this term in isolation. As usual, we take our lead from guidance drawn up by the HSE. Case law, particular to fire safety legislation may alter this approach but so far it has proved acceptable to the Courts.

The term stems from the Management Regulations rather than the HSAW Act itself and states that;

“Every employer shall make a suitable and sufficient assessment of –

a)   the risks to the health and safety of his employees…and
b)   the risks to the health and safety of persons not in his employment…

for the purposes of identifying the measures he needs to take to comply with the requirements and prohibitions imposed upon him…”

Suitable and sufficient appears to mean that ‘it fulfils its purpose’ and this can be achieved with little effort in a low risk environment and only with much effort in a high risk environment. Another way of looking at it is ‘by how much the work activity (being the subject of the risk assessment) alters the level of risk we all live with as part of our normal life?’ For a major chemical works at the bottom of the garden the potential added risks are enormous whilst the corner shop, selling papers and sweets, the added risk is negligible. If that shop now starts storing a tonne of fireworks the added risk rises, and the suitability and sufficiency of the risk assessment can be questioned.

The suitability of an assessment seems to be directed at the level of detail which would normally be proportionate to the risk whilst the sufficiency is directed at the required competency of the assessor and the management policy and procedures to monitor that process.

Having said all that the available guidance suggests that to be suitable and sufficient the risk assessment should cover the following areas;

•   Review all areas of activity
•   Consider the way the work process is organised
•   Identify significant hazards and risk
•   Evaluate those risks
•   Identify control measures
•   Enable priorities to be set
•   Consider non-routine operations
•   Address risks to the public
•   Be undertaken by competent staff
•   Be valid only for a reasonable time.

Offline PhilB

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« Reply #6 on: November 03, 2007, 11:56:14 PM »
Quote from: William 29
Phil B, Difficult I think for you to give an unbiased comment without seeing the FRA's and you have assumed a lot (wrongly) in your comments which I feel has detracted from my original posting. It is also difficult to comment unless you are operating in the commercial sector trying to give RP's the best advice and the FRA's possible without charging the earth.  I HAVE read the Order and in my view it is how best to communicate the legal requirements of the Order within the document that is in a readable and understandable format that is very important.

If we are to use your line of thought how on earth would a lay person ever understand or conduct a suitable and sufficient FRA.  I assume that if you audit them that very few would be acceptable?
I do audit fire risk assessments and many I see are acceptable because they are suitable and sufficient. Many however are not.

William would it be possible to e-mail me a copy of your assessment to remove my bias and "wrong assumptions" ? (P.S you've made some too!).

My line of thought quite simply is that anyone who conducts, records or reviews the findings of a fire risk assessment should do so in accordance with the law........there are various sources of information and guidance documents available to assist and advise assessors in that task.

The fact that it becomes rather complicated in more complex premises should not mean that we just muddle through and record what is easy and what the responsible person understands.

In the past an experienced fire safety officer would inspect the building and then tell the owner/occupier exactly what to do to comply with the law. This was a complex process that was usually completed by someone with considerable specialist knowledge.

That has now changed.............the responsible person must now determine what is required by carrying out a fire risk assessment, often he will not be competent to do this and will need to appoint a competent person to do the assessment on his behalf.

That assessor must be competent and use a suitable methodology, if he is not competent, and produces a document that does not record the prescribed information he should be challenged, either by the responsible person or the enforcing authority, and in my opinion should not receive his fee.

Thankfully this is happening more and more and long may it continue!!

Whoever conducts the assessment, and however complex the premises, the prescribed information remains the same, the detail required will of course be proportional to the risk.

Are you suggesting William that if the lay person finds this too problematical he can ignore the statute and perhaps just use a tick box checklist that is not suitable or sufficient and does not record the required information.????

........and that auditors should turn a blind eye because it might be difficult to prove that an assessment is not suitable and sufficient?????

In all the premises that I have come across where a risk assessment is not suitable and/or sufficient I have easily been able to prove that it is not suitable or sufficient by identifying deficiencies that the numpty assessor has failed to recognise.

I make no apologies for this and I look forward to exposing as many cowboys as possible.

The quote you included is about suitable & sufficient, and whilst this is important, it was the term 'significant finding' that prompted me to stick my oar in.

All good stuff William and it's good to discuss issues like this on this forum where we can all learn from each other and hopefully maintain and raise standards.

I do apologise if you feel I have detracted from your post regarding when the assessment should be reviewed, perhaps we should start a new thread.

Offline William 29

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« Reply #7 on: November 05, 2007, 03:27:53 PM »
Thanks Phil for your comments.

I will send you a copy of some sample assessments and would be glad of any input.  The format of our FRA's is consistently reviewed and then amended.  I agree the cowboys should be exposed, I have seen FRA's out there for £45.00 hand written (badly) on several hotels.  

I will now discuss and provide more details to your e mail on this subject instead of using the forum.

Offline Clive

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« Reply #8 on: November 07, 2007, 03:49:55 PM »
Just something for us all to bear in mind. We are not only talking about regular reviews and audits on a scheduled  basis, if there is a fire in the premises and worse still casualties.  The FRS and any other interested party ie insurance, coroners etc.  Will want to know what was provided and why, so I know it is an old debate, but the 'significant findings' cover and require a lot of information.

Another thing, if you apply the less that 5 rule, what does your client get for his money ?

(My personal views only )

Offline nearlythere

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« Reply #9 on: November 07, 2007, 04:44:19 PM »
Quote from: Clive
Just something for us all to bear in mind. We are not only talking about regular reviews and audits on a scheduled  basis, if there is a fire in the premises and worse still casualties.  The FRS and any other interested party ie insurance, coroners etc.  Will want to know what was provided and why, so I know it is an old debate, but the 'significant findings' cover and require a lot of information.

Another thing, if you apply the less that 5 rule, what does your client get for his money ?

(My personal views only )
Significant Findings really is a hot potato open to all sorts of interpretations as this site shows through its various contributions from many very experienced posters. Unfortunately, we will find out for sure one day in a High Court hearing somewhere in the UK when some Risk Assessor, who was sure he/she was doing the correct thing, will be getting roasted by some pompous little squirt of a barrister whose sole aim is to destroy a reputation rather than make a positive and constructive contribution to what is essentially a new and developing culture.

Your point though about other interested parties puts a new slant on the matter as I wouldn't have thought that a RA was carried out because someone might want a historical record of what the premises contained for reasons other than the legal purpose for the RA.

It does however make good sense to me that the reason for the inclusion of a particular measure, be it existing or recommended, could be a valid content of the RA.    
As an IO I usually find that when owners/employers are positively included in the assessment process and provided with explanations as to why this or that is needed they tend to be much less irked about spending money. It also helps removes the jobs-worth perception many believe public authorities have a monoploy on.
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Offline AFD

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« Reply #10 on: November 07, 2007, 08:35:38 PM »
I have seen some very expensive risk assessments that state ;

'means of escape'  -  SATISFACTORY.  

Nothing else is stated, no standards, benchmarks, no detail of what makes it satisfactory.

With not a reference to anything.  We all know that a lot of owners/occupiers/employers all think their 'means of escape' is SATISFACTORY.

So why use a consultant ?

How do you hand over the risk assessment to the responsible person to manage it, and take control of it, if you do not state what measures you have taken, or are in place to reduce, prevent, control etc. etc.

There are also some very expensive risk assessment packages that lead people down this route, and they are used by consultants.

How do you audit nothing ?


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Offline Nearlybaldandgrey

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« Reply #11 on: November 07, 2007, 08:49:25 PM »
You don't.

You terminate the audit if it's that bad OR complete the form to get a compliance level and decide on the level of enforcement to be taken.

If there is no demonstration of due process and reasoning, how do you know that an assessment has been carried out?

I'd advise them to get the consultant or competent person back to do it properly to meet the requirements of the Order.