Who is responsible for fire safety at work?

Every workplace in England and Wales has a responsible person under the Regulatory Reform (Fire Safety) Order 2005. In most workplaces that is the employer.

Where premises are shared or leased, it can also be the owner, the occupier, or anyone else with control over the building. The duty covers fire risk assessment, prevention, and making sure everyone on site can get out safely.
 

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Who counts as the responsible person?

The Order defines it by control rather than by job title. For a workplace, it is the employer, to the extent that the workplace is under their control.

Beyond that it is the person with control of the premises in connection with a trade or business, which may be the owner or the managing agent.

Shared buildings often have more than one. Where they do, the Order requires them to cooperate and coordinate their arrangements rather than each assuming the other has it covered (Legislation.gov.uk).

 

Can the duty be delegated?

The work can be delegated. The legal responsibility cannot.

A responsible person can appoint a competent person to carry out the fire risk assessment, and can appoint fire marshals to handle evacuation.

The duty for making sure it is done properly stays where the Order puts it.
 

What does the responsible person actually have to do?

Seven things sit at the core of the duty.
 

• Carry out a fire risk assessment, and review it when circumstances change.
• Remove or reduce the risks the assessment identifies.
• Provide and maintain fire detection and warning systems.
• Keep escape routes and exits usable at all times.
• Provide fire fighting equipment appropriate to the premises.
• Plan for an emergency, including evacuation of anyone needing assistance.
• Give staff information, instruction and training on the arrangements.

The last one is where most enforcement action starts, because it is the easiest to evidence and the easiest to neglect.

 

Does the risk assessment have to be written down?

Where five or more people are employed, the significant findings must be recorded.

Below that threshold, recording is not required, though most premises do it anyway because an unrecorded assessment is difficult to demonstrate.

The assessment is not a one off. It needs reviewing after a change of use, a change of layout, new equipment or a near miss.
 

How many fire marshals does a workplace need?

There is no set figure in the Order. The number follows the premises: the size of the building, the number of floors, the shift arrangements and how many people need assistance to evacuate.

The practical test is whether every part of the building has someone able to sweep it during an evacuation, on every working pattern, allowing for absence.

One trained person covering a three storey building is not cover.
 

What training does the role call for?

Two tiers, matched to two different jobs.

Fire Safety Awareness is a half-day course covering how fires start, what to do on discovering one, and how to evacuate safely. It suits general staff.

Fire Marshal is a full day course. It goes further into evacuation procedures, the responsibilities of the role, and the practical use of extinguishers, including which type suits which class of fire.

These are Safe Haven course tiers rather than regulated qualification levels.
 

What happens if the duty is not met?

Enforcement sits with the local fire and rescue authority. It can issue an alterations notice, an enforcement notice, or a prohibition notice that stops the premises from being used.

Prosecution follows serious or persistent failures.

Cases that reach court usually involve blocked escape routes, missing or unreviewed risk assessments, or staff who had received no training at all.

 

Frequently asked questions

1. Is the responsible person the same as a fire marshal?

No. The responsible person carries the legal duty under the Order. A fire marshal is someone appointed to carry out practical tasks such as sweeping the building and managing the assembly point.

2. Who is responsible in a leased office?

Usually both the landlord and the tenant, each for the parts under their control. Common areas typically sit with the landlord or managing agent, and the demised space with the tenant. The Order requires them to coordinate.

3. Does the Fire Safety Order apply in Scotland and Northern Ireland?

No. Scotland is covered by the Fire (Scotland) Act 2005 and associated regulations, and Northern Ireland by its own order. The duties are broadly similar but the instruments differ.

4. Do we need a fire marshal if we already have first aiders?

Yes. They are separate roles with separate training. A first aider treats casualties, a fire marshal manages evacuation.

5. How often should fire training be refreshed?

Annually is the common working interval, and sooner after a change of premises, layout or role. Fire drills are separate and should run at least once a year.

6. Can training be delivered at our premises?

Yes, and there is a practical argument for it. Training in the building people actually evacuate means the escape routes and assembly points discussed are the real ones.

 

References

1. Legislation.gov.uk: Regulatory Reform (Fire Safety) Order 2005

2. GOV.UK: Fire safety in the workplace

3. Health and Safety Executive: Fire safety