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Institution of Fire Engineers approved


Fire Safety Law

The Fire Safety (Employees' Capabilities) (England) Regulations 2010

An additional piece of legislation of the Regulatory Reform (Fire Safety) Order 2005 was released on the 6th of April 2010. It is purely a technical article which states the employer must consider what a worker is able or unable to do when delegating responsibility for fire related risks.

The new regulation states, 'Employer to take employees' capabilities into consideration, every employer must, in entrusting tasks to employees, take into account their capabilities with regards to health and safety, so far as those capabilities relate to fire.'

This reinforces what the Regulatory Reform (Fire Safety) Order 2005 indicates and supports the duty that staff must have 'sufficient training and experience or knowledge' (RRO). So, employers will now have to think about what a worker is able and unable to do when giving those tasks and how these capabilities may affect their ability to deal with fire related risks. This includes fire risk assessments and nominated fire wardens or marshals.

The Regulatory Reform (Fire Safety) Order 2005 is still the primary legislation concerning all sectors of fire safety and these extra regulations should not impose any extra burden on organisations. It merely highlights what mightn't have been known before.