Comments on fire risk assessments under the RR(FS)O - Legal aspects

[Mike Buckley]

John it looks from your description that Article 22 applies, so that both the manager and the company are Responsible Persons. It does however raise the question of whether the findings need to be recorded under the 5 person rule.

Another point is that as the principles of the RRO are similar to the HSWAC, ignorance is unlikely to be an accepted defence. So even if the manager did not send copy of the FRA to the parent company they would still be liable.

The RRO may be a bit dodgy on the practical aspects of fire safety but it looks as if they have sewn up the blame game.

[william m]

Can I ask for your thoughts as to the responsible person and the individual who would be prosecuted if such a situation were to occur within a county fire station owned by the local authority. Deficiencies identified by a FSO and the service has passed responsibility to the local manager to carry out RA. He has to bid for funds therefore I cant see that he has contol over premises although he would be liable in part perhap if negligent.

Any suggestions/comments

[kurnal]

The responsible Person would be the fire authority and possibly the Chief Fire officer could also be - depending who actually is the employer of the persons who work there.  
(Whereas in the Police I understand that the Police Authority employ the Chief Constable and the Chief Constable employs the policemen. I dont believe it works like this with the fire service)

Drifting off I could take you to many a fire station in several authority areas - some big ones- that have no fire alarm system at all, inner rooms with no vision panels, unprotected stairs serving sleeping??? accommodation, no emergency escape lighting, no signs,  - but its often do as I say not as I do isnt it. I would wager there are many that havn't addressed their risk assessment either.

[devon4ever]

Whilst I welcome some aspects of the RR(FS)O with regards to responsibility, lets all of us be honest on this, the Government has placed the responibility of fire safey on the owner / occupier to carry out an FRA. Q. Is he or she qualified to undertake the task? Under prevoius legislation, one could rely on the FRS to carry this out either by "Goodwill" or Certification of the FPA, (Clearly old school arent I!), now the FRS is  a Gamekeeper, (when it is available), or after a fire occurs to issue a prosecution as necessary. In my opinion, the scope of the RR(FS)O merely shifts the burden of blame, (after the event), to the the guy who wants to run his own business, its like asking a second-hand car dealer to provide a new car warranty. Yes I do welcome the work it puts my way, but as for the onus it puts on small businessses without clear guidance, (wishy - washy compliance to the 11 RR(FS)O guides), I feel that support is sadly lacking.

I remember a time when the FRS was held in high-esteem for the advice and support it gave to the public and commercial sector alike, I feel we have lost this valuable plot and become an extension of the regulatory Government Quango's that dog's society these days.

Please don't miscontrue the above, I will always help and advise anyone who asks for FRA guidance, but I fear the FRS as we knew it, is dissapearing into a black hole where public support will sadly wane and die.

[jokar]

I have been told many times in the past that the reasons that Fire Sations do not have Fire Alarms is that the personnel do not sleep, they just rest add that to the fact they are trained staff and they will be safe!!!!!!