Who is responsible for fire safety at work, and who enforces it?

The responsible person under the Fire Safety Order, what they must do, what employees must do, and how fire and rescue authorities enforce the law.

Last reviewed 4 min readBy Lift College Editorial

CPD guide

The "responsible person" is legally responsible for fire safety in a workplace. Under the Regulatory Reform (Fire Safety) Order 2005, that is the employer, owner, landlord, occupier or anyone else with control of the premises, such as a facilities or building manager. Where there is more than one, they must work together. Local fire and rescue authorities enforce the law, and breaking it can mean a fine or prison. Employees have duties too, and the responsible person must train them, which is what the Lift College Fire Safety Training course covers.

Who the responsible person is

GOV.UK says you are responsible for fire safety in business or other non-domestic premises if you are:

  • an employer
  • the owner
  • the landlord
  • an occupier
  • anyone else with control of the premises, for example a facilities manager, building manager, managing agent or risk assessor

Non-domestic premises means all workplaces and commercial premises, all premises the public can use, and the common areas of buildings with several flats. The Order also applies if you have paying guests, such as a bed and breakfast or a self-catering let. In shared premises, the landlord, freeholder or managing agent is the responsible person for the common areas, and every responsible person must co-ordinate their fire safety plans.

What the responsible person must do

  • Carry out a fire risk assessment of the premises, keep a written record of it and review it regularly.
  • Tell staff or their representatives about the risks found.
  • Put in place, and maintain, appropriate fire safety measures.
  • Plan for an emergency.
  • Give staff information, fire safety instruction and training.

What employees must do

Article 23 of the Fire Safety Order says every employee must, while at work:

  • take reasonable care for their own safety and the safety of others affected by what they do or fail to do
  • co-operate with their employer so the employer can meet its fire safety duties
  • tell their employer about any situation they reasonably think is a serious and immediate danger, and any shortcoming in the fire safety arrangements

Who enforces fire safety law

Local fire and rescue authorities. GOV.UK says they visit premises to check the fire risk assessment and fire prevention measures are appropriate, and their fire safety officers should help you understand the rules. If they think your measures are not adequate, they can:

  • give an informal notice suggesting safety measures
  • issue an alterations notice if the premises have, or will have, high safety risks
  • issue an enforcement notice where a serious risk is not being managed, saying what must improve and by when
  • issue a prohibition notice, which takes effect immediately and prohibits or restricts access to the premises

You can appeal a notice to your local magistrates' court within 21 days.

Penalties

GOV.UK says you could be fined or go to prison if you do not follow fire safety regulations. Minor penalties can be up to £5,000. Major penalties can mean unlimited fines and up to 2 years in prison.

Scotland and Northern Ireland

The Fire Safety Order applies in England and Wales. Scotland and Northern Ireland have their own fire safety rules.

Training staff

The responsible person must train staff when they start and when they face new or increased risks. The Lift College Fire Safety Training course is 2 hours in 5 short modules, with a CPD Standards Office accredited certificate the same day you pass. For people who will lead an evacuation, the Fire Warden Training course adds the warden's role.

Frequently asked questions

Who is responsible for fire safety in the workplace?
The responsible person: the employer, owner, landlord, occupier or anyone else with control of the premises. If there is more than one, they must work together.
Who is responsible for enforcing fire safety in the UK?
In England and Wales, local fire and rescue authorities enforce the Fire Safety Order. They inspect premises and can issue alterations, enforcement and prohibition notices. Scotland and Northern Ireland have their own rules.
What duties do employees have under fire safety legislation?
To take reasonable care for their own and others’ safety, co-operate with their employer, and report serious and immediate dangers and any shortcomings in fire safety arrangements.
Who is legally responsible for fire safety in a rented building?
For common or shared areas, the landlord, freeholder or managing agent. Each business in the building is also the responsible person for the parts it controls, and all must co-ordinate.
What happens if you break fire safety law?
Fire and rescue authorities can issue notices requiring changes or restricting access. GOV.UK says minor penalties can be up to £5,000, and major penalties can mean unlimited fines and up to 2 years in prison.
Is the responsible person the same as a fire warden?
No. The responsible person carries the legal duties. Fire wardens are people the responsible person nominates to help put fire procedures into practice, such as checking areas and guiding people out.

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