http://www.legislation.gov.uk/id/uksi/2005/1541

http://www.legislation.gov.uk/uksi/2005/1541/article/19

The Regulatory Reform (Fire Safety) Order 2005

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Statute Law Database

REGULATORY REFORM, ENGLAND AND WALES

2024-05-16

Expert Participation

2024-04-25

This Order reforms the law relating to fire safety in non-domestic premises. It replaces fire certification under the Fire Precautions Act 1971 with a general duty to ensure, so far as is reasonably practicable, the safety of employees, a general duty, in relation to non-employees to take such fire precautions as may reasonably be required in the circumstances to ensure that premises are safe and a duty to carry out a risk assessment. The Order imposes a number of specific duties in relation to the fire precautions to be taken. The Order provides for the enforcement of the Order, appeals, offences and connected matters. It amends or repeals other primary legislation concerning fire safety to take account of the new system and provides for minor and other consequential amendments, repeals and revocations. The Order also gives effect in England and Wales to:Council Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work (O.J. No. L 183, 29.6.89, p. 1) (“the Framework Directive”) (except for provisions on accident reporting (article 9(1)(c) and (d) and (2)), employment protection rights (articles 7(2), 8(4) and (5) and 11(4)), and use of personal protective equipment (article 13(2)(b)));Council Directive 91/383/EEC supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed-duration employment relationship or a temporary employment relationship (O.J. No. L 206, 29.7.91, p. 19) (“the Temporary Workers' Directive”) (except for provisions on the responsibility of host undertakings to temporary workers (article 8));article 6 of, together with paragraphs 4 and 5 each of the annexes to, Council Directive 89/654/EEC concerning the minimum safety and health requirements for the workplace (O.J. No. L 393, 30.12.89, p. 1) (“the Workplace Directive”);articles 6 and 7 of Council Directive 94/33/EC (O.J. No. L216, 20.8.94, p.12) on the protection of young people at work;Council Directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work (O.J. No. L 131, 05.05.98, p. 11 ) (“the Chemical Agents Directive”); andCouncil Directive 99/92/EC on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres (O.J. No. L 23, 28.01.00, p. 57) (“the Explosive Atmospheres Directive”),

The Regulatory Reform (Fire Safety) Order 2005

art. 9A

Building Safety Act 2022

s. 156(4)

s. 170(4)(b)

(c)

PART 2FIRE SAFETY DUTIES

Provision of information to employees19

1

The responsible person must provide his employees with comprehensible and relevant information on—

a

the risks to them identified by the risk assessment;

b

the preventive and protective measures;

c

the procedures and the measures referred to in article 15(1)(a);

d

the identities of those persons nominated by him in accordance with article 13(3)(b) or appointed in accordance with article 15(1)(b) ; and

e

the risks notified to him in accordance with article 22(1)(c).

2

The responsible person must, before employing a child, provide a parent of the child with comprehensible and relevant information on—

a

the risks to that child identified by the risk assessment;

b

the preventive and protective measures; and

c

the risks notified to him in accordance with article 22(1)(c),

and for the purposes of this paragraph, “parent of the child” includes a person who has parental responsibility, within the meaning of section 3 of the Children Act 1989 M1, for the child.

3

Where a dangerous substance is present in or on the premises, the responsible person must, in addition to the information provided under paragraph (1) provide his employees with —

a

the details of any such substance including—

i

the name of the substance and the risk which it presents;

ii

access to any relevant safety data sheet; and

iii

legislative provisions (concerning the hazardous properties of any such substance) which apply to the substance; and

b

the significant findings of the risk assessment.

4

The information required by paragraph (3) must be—

a

adapted to take account of significant changes in the activity carried out or methods or work used by the responsible person; and

b

provided in a manner appropriate to the risk identified by the risk assessment.