Author Topic: Is fire risk assessment required  (Read 3411 times)

Offline Mar62

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Is fire risk assessment required
« on: September 27, 2010, 04:05:33 PM »
Hi all. Would anyone be able to clarify a small point please. A shop unit doing acupuncture has 4 full time paid employees (also does the actual owner be incuded in the 5 people or less) and also has 3 to 4 self employed persons working in the shop on a regular basis. Does this require a FRA?

My view is that the owner IS included in the 5 or less and even if he wasn't then the fact he has the self employed people work in his premises he should have a FRA in place.

The answer to this would clear up a "discussion".

Thanks.
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Offline kurnal

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Re: Is fire risk assessment required
« Reply #1 on: September 27, 2010, 04:15:24 PM »
All places subject to the Order require a fire risk assessment to be carried out. The point is whether the  "Prescribed Information"- ie the signifiicant findings need to be recorded.

The threshold is five employees. Five employees or more- the findings must be recorded. Is the business a limited company and is the owner a director? If so he is an employee.

Bur even volunteers can be treated as employees for the purposes of General H&S Law. We need to re-visit the the definition of employee for a specific answer. I am away from the office this week- no doubt someone will help?

Offline Mar62

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Re: Is fire risk assessment required
« Reply #2 on: September 27, 2010, 04:55:43 PM »
Thanks Kurnal. Think you've probably answered my question. I'll investigate the definition of "employee" further.
Each and every day is a learning curve and today is one of those days?

Offline nearlythere

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Re: Is fire risk assessment required
« Reply #3 on: September 27, 2010, 06:11:43 PM »
Thanks Kurnal. Think you've probably answered my question. I'll investigate the definition of "employee" further.
Think you might find definition in H&SW Act.
Without looking a person working under a contact of employment I believe?
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Offline Demontim

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Re: Is fire risk assessment required
« Reply #4 on: September 28, 2010, 10:24:53 AM »
The numbers game is interesting but irrelevant.

Article 9.(6) As soon as practicable after the assessment is made or reviewed, the responsible
person must record the information prescribed by paragraph (7) where:

 6(b) a licence under an enactment is in force in relation to the premises

The practice of acupuncture requires a licence from the local authority, therefore RA must be recorded

Offline Mar62

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Re: Is fire risk assessment required
« Reply #5 on: September 28, 2010, 05:33:58 PM »
Thanks for your answers. Yes I never considered the licence angle? Thanks very much indeed.
Each and every day is a learning curve and today is one of those days?