intermediate diploma risks, security, fire safety ...intermediate diploma risks, security, fire ......

BIFM TrainingQuadrilect Ltd

Intermediate Diploma

Risks, Security, Fire Safety Management & Business

Continuity Planning

Stewart KiddLoss Prevention Consultancy Ltd

Web site: http://www.risk-consultant.com

May 2008

Slide 2

Legal ObligationsThe legislation in the UK:

Health and Safety at Work Act 1974 (H&SAWA)

Management of Health and Safety at Work Regulation 1999 (MHSWR)

Civil Contingencies Act 2004In England:

Fire Services Act 2004 Regulatory Reform (Fire Safety) Order 2005

In Scotland:Fire (Scotland) Act 2005

Legal Obligations (1)Legal Obligations (1)

MHSWR:MHSWR:–– s3 s3 ‘‘Assess the risks to health and safety Assess the risks to health and safety

(including fire) to their employees as well(including fire) to their employees as well……to to persons not in their employmentpersons not in their employment

–– s5 s5 ‘‘Make arrangements for the effective Make arrangements for the effective planning, organisation, control and review of the planning, organisation, control and review of the preventative and protective measurespreventative and protective measures’’

H&SAW Act 1974:H&SAW Act 1974:–– s2(1) s2(1) ‘‘Ensure the health, safety and welfare at Ensure the health, safety and welfare at

work of work of ……employeesemployees’’–– s2(c) s2(c) ‘‘Provide any information, instruction, Provide any information, instruction,

training and supervisiontraining and supervision……necessary to ensure necessary to ensure the health and safety at work of the health and safety at work of ……employeesemployees

Slide 4

Legal Obligations (2)Legal Obligations (2)Fire Safety Order:–– Fire managed as any other safety riskFire managed as any other safety risk–– New duties New duties -- responsible personresponsible person–– Provide for safety of Provide for safety of ‘‘relevant personsrelevant persons’’–– Competent personsCompetent persons–– New arrangements for multi tenanted buildingsNew arrangements for multi tenanted buildings–– New requirements for dangerous substancesNew requirements for dangerous substances

MHSWR:– s8(1) ‘Establish appropriate procedures to be

followed in the event of serious and imminent danger to persons at work in their undertaking’

– s13 ‘Provide health and safety training..including regular retraining where appropriate’

Civil Contingencies Act 2004 (1)Civil Contingencies Act 2004 (1)

Became effective in January 2005Became effective in January 2005Sets up two categories of Sets up two categories of ‘‘respondersresponders’’–– Cat 1: Local authorities, police, fire, ambulance, Cat 1: Local authorities, police, fire, ambulance,

health, Environment Agency and Secretary of health, Environment Agency and Secretary of StateState

–– Cat 2: Electricity, gas, water. Telecomms Cat 2: Electricity, gas, water. Telecomms supplierssuppliers

–– Railway, airport ferry operatorsRailway, airport ferry operators–– Harbour authoritiesHarbour authorities–– HSEHSE

Slide 6

Civil Contingencies Act 2004 (2)Civil Contingencies Act 2004 (2)The Act requires Cat 1 orgs to do:The Act requires Cat 1 orgs to do:–– Risk assessmentRisk assessment–– Business continuity planningBusiness continuity planning–– Emergency planningEmergency planning–– Warning/informing the publicWarning/informing the public–– AuditAudit–– Sharing informationSharing informationCat 2 orgs will:Cat 2 orgs will:–– Share informationShare information–– Cooperate with Cat 1 orgsCooperate with Cat 1 orgsLocal authorities will have to:Local authorities will have to:–– Ensure their own arrangements are robustEnsure their own arrangements are robust–– Promote business continuity management in Promote business continuity management in

local business communitylocal business community

Hazard and RiskHazard and Risk

A A ‘‘HazardHazard’’ is the potential for a damaging actis the potential for a damaging act‘‘RiskRisk’’ is the probability that the act will occuris the probability that the act will occurThe consequences of the hazard/risk The consequences of the hazard/risk coincidence is not linked to probability but coincidence is not linked to probability but independent of the oddsindependent of the oddsThe impact or seriousness of the incident is The impact or seriousness of the incident is also independent of the odds also independent of the odds -- although small although small incidents are more common than major lossesincidents are more common than major losses

Slide 8

Expressing it in numbersExpressing it in numbers1 fatality for every 7 climbers reaching the summit of Everest1 fatality for every 7 climbers reaching the summit of Everest1 fatality from medical toxicity for every 3000 treated with ant1 fatality from medical toxicity for every 3000 treated with antii--depressants depressants in any yearin any year1 fatality of a firefighter for every 316,000 fires attended1 fatality of a firefighter for every 316,000 fires attended1 motorcyclist killed for 1 million journeys1 motorcyclist killed for 1 million journeys1 skier killed for every 1.02 million ski trips1 skier killed for every 1.02 million ski trips1 fatality for every 2.5 million gym visits1 fatality for every 2.5 million gym visits1 cyclist killed for every 4 million bicycle journeys1 cyclist killed for every 4 million bicycle journeys1 car occupant killed for every 20 million journeys1 car occupant killed for every 20 million journeys1 employee electrocuted for every 26 million arrivals at work1 employee electrocuted for every 26 million arrivals at work1 train passenger death for every 35 million journeys1 train passenger death for every 35 million journeys1 air passenger death for every 44 million journeys1 air passenger death for every 44 million journeys1 person drowned for every 200 million baths taken1 person drowned for every 200 million baths taken1 fatal fall on staircases for every 500 million climbs or desce1 fatal fall on staircases for every 500 million climbs or descentsnts

Or,... put more simply:Or,... put more simply:

A hazard is something that can go wrong A hazard is something that can go wrong --like a chip pan which could overheat and like a chip pan which could overheat and cause a firecause a fireThe risk of that happening is based on the The risk of that happening is based on the probability of the event taking placeprobability of the event taking placeThe severity (or impact) of the event The severity (or impact) of the event depends on outside factors like someone depends on outside factors like someone being present to turn off the powerbeing present to turn off the power

Slide 10

Common HazardsCommon Hazards

Floods Floods Weather impactWeather impactUneven staircasesUneven staircasesTransport accidentsTransport accidentsFire resulting from cigarette or matchFire resulting from cigarette or matchOverheating electrical applianceOverheating electrical applianceCareless contractorsCareless contractorsLeaking gas cylindersLeaking gas cylinders…….any more ?.any more ?

What actually is a disasterWhat actually is a disaster…….?.?

‘‘ Any unlookedAny unlooked--forfor--incident threatening incident threatening the personnel, buildings, or normal the personnel, buildings, or normal operational structure of an organisation operational structure of an organisation which is beyond the immediate ability which is beyond the immediate ability of the organisationof the organisation’’s staff and s staff and normal normal managementmanagement structure of control.structure of control.’’

Dictionary of Industrial SecurityDictionary of Industrial Security 19871987

Slide 12

Types of DisastersTypes of DisastersFire and its consequencesFire and its consequencesFlood (invariably follows large fires)Flood (invariably follows large fires)Weather (gales, snow etc)Weather (gales, snow etc)Logistical (transport strike, power Logistical (transport strike, power failure, IT system failure)failure, IT system failure)Staff related (strikes/sabotage)Staff related (strikes/sabotage)Civil insurrection/riotCivil insurrection/riotBombs and bomb threatsBombs and bomb threatsOther forms of terrorist attack Other forms of terrorist attack -- CBRCBREpidemicsEpidemics…….?.?

Other Other ‘‘disastersdisasters’’

KidnappingKidnappingExtortionExtortionEnvironmental impactEnvironmental impactProduct contaminationProduct contaminationPR type disasters (Exxon Valdez, Lockerbie, PR type disasters (Exxon Valdez, Lockerbie, Tribunals Tribunals -- sexual/racial harassment)sexual/racial harassment)Recent additionsRecent additions……–– Outbreak of food poisoning at corporate HQOutbreak of food poisoning at corporate HQ–– Industrial action by staff of key supplierIndustrial action by staff of key supplier–– Loss of call centre in Bangalore due to three days of Loss of call centre in Bangalore due to three days of

mourning for a Bollywood starmourning for a Bollywood star

Slide 14

Conventional vs New HazardsConventional vs New HazardsBuilding CollapseBuilding Collapse Car BombCar BombLandslideLandslide Truck BombTruck BombMajor Industrial AccidentMajor Industrial Accident Chemical attackChemical attackEpidemicsEpidemics Biological AttackBiological AttackRoad accidentRoad accident Suicide bomberSuicide bomberMarine/Air accidentMarine/Air accident HijackingHijackingPower BlackoutPower Blackout Computer VirusComputer VirusRadiation LeakRadiation Leak Dirty BombDirty BombEarthquakeEarthquake Nuclear DeviceNuclear DeviceCrop FailureCrop Failure Reservoir AttackReservoir AttackFamineFamine Major nuclear attackMajor nuclear attack

After Pine (2004)After Pine (2004)

Slide 16

Impact of police cordons…..

Slide 18

Floods and Flood PreventionFloods and Flood PreventionConsider whether there is a historic Consider whether there is a historic risk of flooding in the area of the risk of flooding in the area of the propertypropertyConsult insurers and Dept of Consult insurers and Dept of Environment/Scottish Government Environment/Scottish Government for for adviceadviceConsider flood risks in new Consider flood risks in new development development -- RIBA/CLG Guidance at RIBA/CLG Guidance at http://tinyurl.com/25dp6fhttp://tinyurl.com/25dp6fEnsure that your use of the building Ensure that your use of the building takes flood risks into account. (Do not takes flood risks into account. (Do not use basement for switchgear, use basement for switchgear, transformers or transformers or generators generators or file or file storage).storage).

Slide 20

It doesn’t take a bomb to keep you out of your property for more than a week !

And the media are now starting to ask ‘Why not’?

Slide 22

…and fines may not be ‘nominal’ !

…and managers are now going to jail…

Hazard MatrixHazard MatrixFactorFactor ProbabilityProbability ConsequenceConsequence

EarthquakeEarthquake Very lowVery low DisastrousDisastrousHurricaneHurricane Very lowVery low DisastrousDisastrousBombBomb LowLow DisastrousDisastrousTerrorist AttackTerrorist Attack LowLow Very seriousVery seriousArsonArson LowLow SeriousSeriousAccidental FireAccidental Fire LowLow Moderate >seriousModerate >seriousFloodFlood MediumMedium Moderate >seriousModerate >seriousRobberyRobbery LowLow Problematic Problematic -- injuryinjuryTheftTheft HighHigh PR disaster !PR disaster !VandalismVandalism HighHigh Publicity, extra workPublicity, extra workAssaultAssault MediumMedium-- highhigh SeriousSerious

Slide 24

DonDon’’t forget t forget -- it may be it may be somebody elsesomebody else’’s disaster:s disaster:

Slide 26

Buncefield: Indirect ImpactBuncefield: Indirect Impact400 companies denied access to premises for 3 400 companies denied access to premises for 3 -- 6 days6 daysEstimated financial impact Estimated financial impact ££1 1 -- ££1.5 billion1.5 billionImpact on petrol, diesel and JP4/Avgas Impact on petrol, diesel and JP4/Avgas -- still 14 months laterstill 14 months later35% of Macdonald35% of Macdonald’’s UK distribution of suppliess UK distribution of suppliesM&S Food depot M&S Food depot -- ‘‘empty shelvesempty shelves’’Payroll services for 15 organisations affected for a short timePayroll services for 15 organisations affected for a short timeASOS on line ASOS on line -- loss of all stocks in busiest trading period of year (loss of all stocks in busiest trading period of year (££5 5 million +)million +)Scottish and Newcastle Scottish and Newcastle -- ‘‘severe impact on offsevere impact on off--licenses and wholesalerslicenses and wholesalers’’ --impact impact ££10m10mDixons permanently relocated 1500 head office staff to new buildDixons permanently relocated 1500 head office staff to new buildingingAt least five nonAt least five non--oil depot buildings totally destroyedoil depot buildings totally destroyedAnd the Labour Party website went down !And the Labour Party website went down !

Slide 28

What is disaster for one...What is disaster for one...

Imagine that a group of key workers are Imagine that a group of key workers are involved in a lottery syndicateinvolved in a lottery syndicateThe syndicate wins a double rollover, each The syndicate wins a double rollover, each member gets member gets ££2 million2 millionDisaster ?Disaster ?

Risk Assessments

Slide 30

Risk AssessmentsRisk Assessments

Regardless of type, all can be done in a similar wayRegardless of type, all can be done in a similar wayNo prescribed format or No prescribed format or ‘‘right answerright answer’’ -- what works, what works, works ! (Note that fire authority inspectors will works ! (Note that fire authority inspectors will expect to find assessments using the methods expect to find assessments using the methods shown in guidance documents).shown in guidance documents).Statutory assessments are solely concerned with Statutory assessments are solely concerned with safety of people safety of people -- but: as a rule of thumb, anything but: as a rule of thumb, anything that ensures safety of premises or property will that ensures safety of premises or property will almost certainly provide higher level of life safetyalmost certainly provide higher level of life safetyMust be repeated not only, say, annually but any Must be repeated not only, say, annually but any time circumstances, premises, procedures change time circumstances, premises, procedures change

Benchmarks

Risks Precautions

The Cost/Effect Balancing Act

Standards*/Comparisons

HazardsProbabilityConsequences

Prevention

Containment

Protection

Eg: BS 25999-1: 2006 Business Continuity Management

Slide 32

The initial assessment process displayed graphically as for a BCP

Risk ReductionRisk ReductionCan you reduce any of the risks inherent in Can you reduce any of the risks inherent in the organisation ?the organisation ?Apply risk management toolsApply risk management toolsConsider especially:Consider especially:–– Financial planning/cash flowFinancial planning/cash flow–– Regulatory impactRegulatory impact–– Key plant and facilitiesKey plant and facilities–– Energy supplies/utilitiesEnergy supplies/utilities–– Communications linksCommunications links–– IT, data management and recordsIT, data management and records–– Communications and pr/media managementCommunications and pr/media management–– Raw materials, spares and maintenanceRaw materials, spares and maintenance–– Staff and personnelStaff and personnel–– Security, fire, health safety and welfareSecurity, fire, health safety and welfare

Slide 34

Risk Management ToolsRisk Management Tools

Examine each risk/hazard possibility, can it be:Examine each risk/hazard possibility, can it be:–– Eliminated (use a safer product)Eliminated (use a safer product)–– Protected against (store it in a proper cabinet)Protected against (store it in a proper cabinet)–– Transferred (contractTransferred (contract--out the process)out the process)–– Financed (insure or set up funding process)Financed (insure or set up funding process)–– Avoided (donAvoided (don’’t undertake the activity)t undertake the activity)–– Accepted (understand the risk and accept any Accepted (understand the risk and accept any

consequences)consequences)

Risk Management Risk Management -- Chip Pan Fire Chip Pan Fire Eliminate Eliminate -- only use oven chipsonly use oven chipsProtect Protect -- buy fryer with thermocouple or lid or buy fryer with thermocouple or lid or fit sprinklers in kitchenfit sprinklers in kitchenTransfer Transfer -- buy chips from nearest chippie buy chips from nearest chippie Finance Finance -- make sure household insurance make sure household insurance covers kitchen firescovers kitchen firesAvoid Avoid -- give up chipsgive up chipsAccept Accept -- wholly understand the nature of the wholly understand the nature of the risk and accept that a fire is possible and risk and accept that a fire is possible and accept its consequencesaccept its consequences

Slide 36

Risk Assessment OutputsRisk Assessment Outputs

Legal compliance (include Regulators)Legal compliance (include Regulators)Fewer incidentsFewer incidentsSatisfy ethical/corporate governance Satisfy ethical/corporate governance standardsstandardsHappy insurers !Happy insurers !Data which will inform:Data which will inform:–– Risk improvement prioritiesRisk improvement priorities–– Funding for improvementsFunding for improvements–– Future planningFuture planning

Security

Slide 38

Role of Security FunctionRole of Security Function

Security serves the following three broad functions:

• Protecting people – employees, visitors and customers

• Protecting property – tangible assets, intellectual property and reputation

• Protecting against liability

Role of Security Function(2)Role of Security Function(2)

Protecting people:• Providing a secure working environment and

ancillaries (eg safe car parks)• Protection of those working alone or at night• Briefings for those working or traveling in areas where

terrorist activity is common • Security advice for families and dwellings of staff at

risk • Responding to incidents where staff are threatened• Investigations (eg: reports of harassment)• Providing a ‘fear free’ work place

Slide 40 Role of Security Function (3)Role of Security Function (3)Property Protection:The physical protection of property, plant and equipment follows well-established criteria which cover:– Perimeter protection (including walls, windows, alarms,

locks safes and lighting– Access control – Surveillance and supervision

Internal controls to prevent theft, fraud, corruption and diversion The creation of effective, tested plans to deal with a wide range of emergencies The correct blend of physical and procedural security measures:– Producing a physical security manual– Education and training of staff– Liaison with architects, contractors and vendors – Specialist input during design, construction and hand-

over

Role of Security Function (4)Role of Security Function (4)Protecting intellectual property such as research work or commercially sensitive information:– Classification and control of documents (including secure

disposal)– Personnel security including vetting – Countering electronic eavesdropping and other forms of

industrial espionage – Trade mark and brand name protection

Protecting the organisation’s reputation includes techniques to counter:– Product contamination – Product counterfeiting and parallel importing– Extortion– Dealing with ‘whisper campaigns’– Individual acts to harm an organisation’s reputation by,

for example, causing environmental damage

Slide 42

OuterPerimeter

Detection Zone

Inner Perimeter

High Security Area

Keep

Defence in Depth (1)

Low fence

Detection Zone

Wall/High Fence

Building Fabric

Safe

Lighting

Defence in Depth (2)

Slide 44

Principles of the security risk assessment

The security risk assessment seeks to The security risk assessment seeks to identify and quantify the potential threats identify and quantify the potential threats facing the premises and contents. At its most facing the premises and contents. At its most basic, the assessment can be conducted by basic, the assessment can be conducted by asking some simple questions:asking some simple questions:– What items are you seeking to protect– Who is likely to want to steal or damage them?– When are the intruders likely to attack?– How are the intruders most likely to try to gain

access?

Security risks facing businessesSecurity risks facing businesses• Theft (including robbery, fraud)• Corruption (including purchasing fraud)• Criminal damage and arson• Attack on IT systems (denial of service)• Terrorism (including bombs and bomb threats)• Product extortion• Kidnap• Assaults and threats of violence against staff• Extremist protest• Loss of intellectual property• Impact on reputation and/or brand image (incl parallel

web sites - yourcompanysucks.com)

Slide 46

Inadequate security can cost a company a lot more than the losses incurred during a burglary

Security Security ‘‘HardwareHardware’’

Walls, keys, locks, bars Walls, keys, locks, bars Fences, doors, shuttersFences, doors, shuttersSafes and vaultsSafes and vaultsLightingLightingSurveillance (incl. cctv)Surveillance (incl. cctv)Access controlAccess controlIntruder detectionIntruder detectionGuardsGuards

Cost-effectiveness

Most

Least

Slide 48

Security:Legal ConsiderationsSecurity:Legal ConsiderationsData protection/human rights Data protection/human rights -- cctv and recordscctv and recordsSecurity guards and working hours (WTD)Security guards and working hours (WTD)Guard Dogs ActGuard Dogs ActPowers of arrestPowers of arrestSecurity Industry Authority Security Industry Authority -- now !!–– LicensingLicensing–– CRB checksCRB checks–– Fit personsFit persons–– Approved contractor listApproved contractor list–– Contractors/in houseContractors/in house–– Wheel clampersWheel clampers–– Door supervisorsDoor supervisors–– ConsultantsConsultants

Powers of Arrest

Download from:

www.professionalsecurity.co.uk/powersofarrest.pdf

Slide 50

Fire Safety

Of course, modern buildings donOf course, modern buildings don’’t t burnburn……..

Windsor Building, Madrid, Windsor Building, Madrid, 13 February 200513 February 2005Complied fully with Spanish Complied fully with Spanish national building national building regulations (1996) and regulations (1996) and Madrid regulations (2003)Madrid regulations (2003)Fire spread down as well Fire spread down as well as upas upSecurity guards delayed Security guards delayed calling fire brigadecalling fire brigade

Slide 52

Of course, modern buildings donOf course, modern buildings don’’t burnt burn……..

CLG* Fire Statistics CLG* Fire Statistics Building Fires:2000/2005 (in Building Fires:2000/2005 (in ‘‘000)000)

0

20

40

60

80

100

120

Total Fires Dwellings OtherOccupiedBuildings

3-D Column 1200020012002200320042005

*Department of Communities and Local Government

Slide 54

Fires by Industry Sector (inFires by Industry Sector (in‘‘000)000)1999 1999 -- 20052005

0

1000

2000

3000

4000

5000

6000

Retail Catering Industrial Recreation

20012002200320042005

Contractors

Cooking

Smoking

Electricity

Arson

UnknownOthers

Causes of Fires - Non Domestic Buildings 1992 - 2005

40

18

11

11

8

6

5

Slide 56

Perils of the NightPerils of the Night

Day Night

49% Deaths (Accidental fires) 51%

36% Deaths (Arson) 64%

44% Injuries 56%

32% No. of Large Fires 68%

27% Cost of Large Fires 73%

32% No. of Arson Fires 68%

FPA Very Large (> FPA Very Large (> ££250k) Fire Analysis 250k) Fire Analysis May 2004 May 2004 -- April 2005 (by Occupancy) April 2005 (by Occupancy)

DwellingsDwellings 2121Schools Schools 1111RetailRetail 1414Food and Drink, LeisureFood and Drink, Leisure 1010ManufacturingManufacturing 1313Chemical,engineering,construction Chemical,engineering,construction 1212OfficeOffice 44AgricultureAgriculture 22WarehouseWarehouse 22Motor IndustryMotor Industry 22FurnitureFurniture 22Hotel, hospitalityHotel, hospitality 1313Local/National GovtLocal/National Govt 1919Places of WorshipPlaces of Worship 44UnknownUnknown 6161Others, emptyOthers, empty 99

Slide 58

Arson as a Cause of FireArson as a Cause of FireBetween 1989 and 2003, malicious fires increased Between 1989 and 2003, malicious fires increased from 29% to 43% of the total from 29% to 43% of the total -- while total number of while total number of fires fell by around 15%fires fell by around 15%So while fires have been falling in number, arson So while fires have been falling in number, arson has been increasinghas been increasingIn 2004, 48 people died in deliberatelyIn 2004, 48 people died in deliberately--set fires in set fires in dwellings and 12 in other buildingsdwellings and 12 in other buildingsIt is likely that, if the present trend continues, by It is likely that, if the present trend continues, by 2009 more than half of all fires will be deliberate2009 more than half of all fires will be deliberateMore than half of all fires costing More than half of all fires costing ££250,000 or over 250,000 or over are already deliberateare already deliberateIn 2005, arson fires cost insurers more than In 2005, arson fires cost insurers more than ££170m170m

Occurrence of Fires (All Causes)Occurrence of Fires (All Causes)FPA 20 year averageFPA 20 year average

DwellingsDwellings 60%60%Other CommercialOther Commercial 15%15%Garages, sheds etcGarages, sheds etc 7%7%ShopsShops 4%4%Pubs, Clubs & RestaurantsPubs, Clubs & Restaurants 3%3%AgricultureAgriculture 2%2%HospitalsHospitals 2%2%HotelsHotels 2%2%SchoolsSchools 2%2%Places of Public EntertainmentPlaces of Public Entertainment 2%2%Construction IndustryConstruction Industry 1%1%

Slide 60

Proportion of Fires due to ArsonProportion of Fires due to ArsonFPA 20 year averageFPA 20 year average

Places of Public EntertainmentPlaces of Public Entertainment 69%69%Garages, shedsGarages, sheds 69%69%ConstructionConstruction 65%65%SchoolsSchools 60%60%ShopsShops 41%41%AgricultureAgriculture 43%43%Restaurants, pubs & clubsRestaurants, pubs & clubs 28%28%HospitalsHospitals 26%26%HotelsHotels 18%18%Other IndustrialOther Industrial 13%13%DwellingsDwellings 22%22%

Motives for ArsonMotives for ArsonArson Prevention Bureau, 1996, Kidd 1998*Arson Prevention Bureau, 1996, Kidd 1998*

Causes for arson are variedCauses for arson are varied–– RevengeRevenge 24%24%–– Mental illnessMental illness 20%20%–– Alcohol/drugsAlcohol/drugs 19%19%–– Concealment of crimeConcealment of crime 7%7%–– Financial gainFinancial gain 6%6%–– ExcitementExcitement 5%5%–– Terrorist/extremistTerrorist/extremist 2%2%–– WouldWould--be heroismbe heroism 1%1%–– Motive not determined/unclearMotive not determined/unclear 17%17%

*based on 6580 arson fires

Slide 62

Arsonists are must dangerous when they attack vulnerable people

Costs of Fire Costs of Fire -- WorkplacesWorkplaces

Around 35,100 fires in non domestic buildings Around 35,100 fires in non domestic buildings in 2005 in 2005 -- continuing to declinecontinuing to declineDirect and consequential costs of probably Direct and consequential costs of probably ££3.3 3.3 bnbnCost to insurers in 2005 was more than Cost to insurers in 2005 was more than ££1 bn 1 bn 27 dead and 1401 seriously injured 27 dead and 1401 seriously injured 14,000 deliberate fires 14,000 deliberate fires -- more than 50% of totalmore than 50% of totalPotential impacts on company reputation, share Potential impacts on company reputation, share performance, profitability and futureperformance, profitability and future

Slide 64

Fires can severely impact on Fires can severely impact on company profitabilitycompany profitability

Fire can put companies out of business

Slide 66

Or result in prosecutionsOr result in prosecutions……““The owners of a nursing The owners of a nursing home where 14 residents home where 14 residents died after a fire broke out died after a fire broke out in a cupboard have in a cupboard have appeared in court appeared in court charged with breaches of charged with breaches of health and safety health and safety law.Husband and wife law.Husband and wife Thomas and Anne Thomas and Anne Balmer and their son Balmer and their son Alan Balmer appeared on Alan Balmer appeared on petition in private at petition in private at Hamilton Sheriff Court Hamilton Sheriff Court yesterday. Alan Balmer yesterday. Alan Balmer also faced one allegation also faced one allegation of fraud.of fraud.””

Managing Fire Safety

Formulate Fire Policy StatementNominate Fire Safety ManagerAppoint Fire Safety Officer (if necessary)Keep Records of all Fire MattersUndertake Fire Risk Assessment Utilise Fire Detection and Alarm SystemsMake Necessary Physical Fire Safety Improvements

Slide 68

Managing Fire Safety

Comply with the Law (FSO requires record keeping and maintenanceTrain StaffInclude Accommodation Spaces in PlanControl Contractors Liaise with the Fire ServiceConsider need for Sprinklers - especially for arson protectionProtect Records and Archives

DonDon’’t forget:t forget:

Signs must all be EN Signs must all be EN compliant (compliant (‘‘running manrunning man’’Action plans for each Action plans for each workplaceworkplaceExtinguishers accessibleExtinguishers accessibleAdequate no of staff Adequate no of staff trained to use thesetrained to use theseAlarms tested weeklyAlarms tested weeklyEvacuation drills not less Evacuation drills not less than 12 monthlythan 12 monthly

Slide 70

Adequate staff trained to use extinguishers ?Adequate staff trained to use extinguishers ?This is justified by the following:This is justified by the following:Article 13(1) of the FSO and Scottish equivalent requires the Article 13(1) of the FSO and Scottish equivalent requires the provision of provision of ‘‘appropriate fire fighting equipmentappropriate fire fighting equipment’’ where this is where this is necessary for the safety of relevant persons.necessary for the safety of relevant persons.Article 13(3)a requires the RP to Article 13(3)a requires the RP to ‘‘take measures for fire fighting take measures for fire fighting in the premises and 13(3)b requires the RP to appoint in the premises and 13(3)b requires the RP to appoint Competent Persons and Competent Persons and ‘‘ensure that the number of such ensure that the number of such persons, their training and the equipment available to them are persons, their training and the equipment available to them are adequateadequate’’..The 1999 Management The 1999 Management RegsRegs require require the provision of health the provision of health and safety and safety training..includingtraining..including regular retraining where regular retraining where appropriateappropriate’’ and this is confirmed by 2(c) of the HASAWA 1974.and this is confirmed by 2(c) of the HASAWA 1974.If you provide fire equipment then you must train staff to use iIf you provide fire equipment then you must train staff to use ittHowever, it is likely that legal obligations could be satisfied However, it is likely that legal obligations could be satisfied by by providing a basic providing a basic ‘‘fire briefingfire briefing’’ to all staff and restricting to all staff and restricting ‘‘handshands--onon’’ training to selected groups training to selected groups -- fire wardens, catering and fire wardens, catering and maintenance staff, cleaners and security guards.maintenance staff, cleaners and security guards.Keep records of training !Keep records of training !

Tombstone Tombstone LegislationLegislation

• 1956 Keighley Mill : 8 dead →Factories Act 1961

• 1961 Henderson’s Dept. Store: 11 dead → Offices Shops and Rly Premises Act 1963

• 1969 Rose and Crown, Saffron Walden: 11 dead → Fire Precautions Act 1971

• 1985 Bradford City : 75 dead → Fire Safety and Safety of Places of Sports Act 1987

• 1987 King’s Cross: 38 dead → Fire Precautions (Sub-surface Railway Stations) Regulations 1989

Slide 72 Fire and the Law Fire and the Law -- EnglandEngland

Fire Services Act 1947 replaced by Fire & Rescue Services Act 2004Repealed by Fire Safety Order on 6 October 2006:– Fire Precautions Act 1971– Fire Precautions (Factories, Offices, Shops and Railway Premises)

Order 1989– The Fire Safety and Safety of Places of Sport Act 1987– The Fire Precautions (Workplace) Regulations 1997 and 1999

Building Regulations 2000/2001– New Approved Document B (took effect 6 April 2007)

• B1 Means of escape• B2 Internal fire spread (linings)• B3 Internal fire spread (structure)• B4 External fire spread• B5 Access and facilities for the fire service

Fire and the Law Fire and the Law -- ScotlandScotland

Building Standards (Scotland) Act 2003– Includes two similar parts

- one for domestic properties and one for non domestic

– Already in effect

Slide 74

Fire (Scotland) Act 2005Fire (Scotland) Act 2005

Part 1 of the Act covers the establishment of fire Part 1 of the Act covers the establishment of fire and rescue authoritiesand rescue authoritiesPart 2 covers the functions of a fire and rescue Part 2 covers the functions of a fire and rescue authority and ancillary mattersauthority and ancillary mattersPart 3 covers the management of fire safety in Part 3 covers the management of fire safety in premises premises Part 4 covers miscellaneous matters including Part 4 covers miscellaneous matters including consultation and false alarmsconsultation and false alarmsPart 5 covers ancillary provisions and repeals etc.Part 5 covers ancillary provisions and repeals etc.Schedule 2 covers fire safety measuresSchedule 2 covers fire safety measures

Fire (Scotland) Act 2005Fire (Scotland) Act 2005Guidance Documents*Guidance Documents*

Summary Guide: Summary Guide: ‘‘Fire Safety Fire Safety GuidanceGuidance’’ BookletBookletPractical Fire Safety Practical Fire Safety Guidance for Offices, Shops Guidance for Offices, Shops and Similar Premisesand Similar PremisesPractical Fire Safety Practical Fire Safety Guidance for Care Homes Guidance for Care Homes Practical Fire Safety Practical Fire Safety Guidance for Factories and Guidance for Factories and Storage PremisesStorage Premises

All downloadable from:All downloadable from:http://www.infoscotland.com/firelaw/template_homepage.jsp?p_applic=CCC&p_service=Content.show&pContentID=2&

Slide 76

Fire (Scotland) Act 2005Fire (Scotland) Act 2005Part 3Part 3

Chapter 1 covers duties of employers, duties Chapter 1 covers duties of employers, duties in relation to premises and duties of in relation to premises and duties of employees, fire risk assessments and gives employees, fire risk assessments and gives ministers powers to make regulationsministers powers to make regulationsChapter 2 covers the enforcement of the Act Chapter 2 covers the enforcement of the Act by fire and rescue authoritiesby fire and rescue authoritiesPart 3 covers miscellaneous mattersPart 3 covers miscellaneous mattersPart 4 covers offencesPart 4 covers offencesPart 5 covers applications to Crown Part 5 covers applications to Crown Premises and the definition of Premises and the definition of ‘‘relevant relevant premisespremises’’

Fire (Scotland) Act 2005Fire (Scotland) Act 2005New SINew SI’’ss

SI 2005/2060SI 2005/2060 The Fire (Scotland) Act 2005 (Consequential The Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 Provisions and Modifications) Order 2005

SSI 2005/352SSI 2005/352 The Fire (Scotland) Act 2005 (Relevant Premises) The Fire (Scotland) Act 2005 (Relevant Premises) Regulations Regulations

SSI 2006/456SSI 2006/456 The Fire Safety (Scotland) Regulations 2006 The Fire Safety (Scotland) Regulations 2006

SSI 2006/457SSI 2006/457 The Fire (Scotland) Act 2005 (Consequential The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) (No. 2) Order 2006 Modifications and Savings) (No. 2) Order 2006

SSI 2006/458SSI 2006/458 The Fire (Scotland) Act 2005 (Commencement No. 3 The Fire (Scotland) Act 2005 (Commencement No. 3 and Savings) Order 2006and Savings) Order 2006

SSI 2006/457SSI 2006/457 The Fire (Scotland) Act 2005 (Consequential The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 Modifications and Savings) Order 2006

Can be viewed at: www.infoscotland.com/firelaw

Slide 78

Fire (Scotland) Act 2005: Part 3Fire (Scotland) Act 2005: Part 3Application and ObjectivesApplication and Objectives

All work placesAll work placesCertain common parts of dwellingsCertain common parts of dwellingsSingle family dwellings are excludedSingle family dwellings are excludedPlaces onus on Places onus on ‘‘any person who has to any any person who has to any extent control of premisesextent control of premises’’Primary Objective is:Primary Objective is:–– ‘‘To ensure the safety, in the event of fire, of To ensure the safety, in the event of fire, of

persons (whether employees, residents, visitors persons (whether employees, residents, visitors or others) by setting out the rights and or others) by setting out the rights and responsibilities of persons in respect of fire responsibilities of persons in respect of fire safetysafety’’

Fire (Scotland) Act 2005Fire (Scotland) Act 2005DefinitionsDefinitions

Relevant Premises: S78 of the Act identifies which Relevant Premises: S78 of the Act identifies which premises Part 3 applies topremises Part 3 applies toRelevant Authority: describes the enforcing Relevant Authority: describes the enforcing authority for most premises authority for most premises -- the relevant regional the relevant regional fire and rescue authorityfire and rescue authority‘‘At workAt work’’ means work as an employee or as a self means work as an employee or as a self employed person and includes work as a volunteeremployed person and includes work as a volunteerAn employee is at work throughout the time when An employee is at work throughout the time when he is in the course of his employmenthe is in the course of his employmentA selfA self--employed person is at work throughout such employed person is at work throughout such time as he devotes to work as a self employed time as he devotes to work as a self employed personperson

Slide 80

‘‘Relevant PremisesRelevant Premises’’ (1)(1)Defined as Defined as ‘‘any premises other than those any premises other than those excludedexcluded’’::–– Domestic premises (private dwellings but not Domestic premises (private dwellings but not

HMOHMO’’s)*s)*–– Ships (other than those permanently moored or Ships (other than those permanently moored or

under repair in a shipyard)under repair in a shipyard)–– Borehole sitesBorehole sites–– Agriculture, forest and farmland located away from Agriculture, forest and farmland located away from

buildingsbuildings–– Most vehiclesMost vehicles

*Note however that under Reg.24 of the 2006 Regulations *Note however that under Reg.24 of the 2006 Regulations there is a requirement for the there is a requirement for the duty holder duty holder or owner of the or owner of the common areas of dwellings to undertake maintenance of common areas of dwellings to undertake maintenance of facilities provided for the fire and rescue servicesfacilities provided for the fire and rescue services

‘‘Relevant PremisesRelevant Premises’’ (2)(2)Relevant premises therefore includes:Relevant premises therefore includes:All places of work including those occupied by the All places of work including those occupied by the selfself--employedemployedCare homes, childrenCare homes, children’’s s homes,boardinghomes,boarding schools, schools, private private hospitals,securehospitals,secure accommodationaccommodationCertain premises used as private dwellings where Certain premises used as private dwellings where non domestic staff are employed (non domestic staff are employed (ieie security guards security guards in a country house) may form part of the relevant in a country house) may form part of the relevant premises or part of the premises may be subject to premises or part of the premises may be subject to the Actthe ActThe position of home workers is not clear at this The position of home workers is not clear at this time. It is suggested that if an employer provides time. It is suggested that if an employer provides equipment for use in an employeeequipment for use in an employee’’s home it would s home it would be advisable to treat the work area of the home as be advisable to treat the work area of the home as ‘‘relevant premisesrelevant premises’’

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Fire (Scotland) Act 2005Fire (Scotland) Act 2005Overview of RequirementsOverview of Requirements

Carry out a fire risk assessment of the premisesCarry out a fire risk assessment of the premisesIdentify the fire safety measure necessary as a Identify the fire safety measure necessary as a result of the FRAresult of the FRAImplement those measures using risk reduction Implement those measures using risk reduction principlesprinciplesPut in place fire safety arrangements for the Put in place fire safety arrangements for the ongoing control and review of the fire safety ongoing control and review of the fire safety measuresmeasuresComply additionally with the specific requirements Comply additionally with the specific requirements of the fire safety regulationsof the fire safety regulationsKeep the FRA and outcomes under reviewKeep the FRA and outcomes under reviewKeep recordsKeep records

Fire (Scotland) Act 2005Fire (Scotland) Act 2005Fire Risk AssessmentsFire Risk Assessments

Objectives are:Objectives are:

–– To identify hazards and reduce the risks of those To identify hazards and reduce the risks of those hazards causing harm to as low as is reasonably hazards causing harm to as low as is reasonably practicablepracticable

–– To determine what fire safety measures and To determine what fire safety measures and management policies are necessary to ensure management policies are necessary to ensure the safety of people in the building should a fire the safety of people in the building should a fire occuroccur

Slide 84

Five Step Fire Risk Assessment Process

Fire (Scotland) Act 2005: Duties (1)Fire (Scotland) Act 2005: Duties (1)

S.53 S.53 -- applies only to applies only to ‘‘relevant premisesrelevant premises’’–– (1) requires the employer to ensure the fire (1) requires the employer to ensure the fire

safety of employees so far as is reasonably safety of employees so far as is reasonably practicable.practicable.

–– (2) requires employer to carry out fire risk (2) requires employer to carry out fire risk assessment (FRA).assessment (FRA).

–– (3) requires employer to review FRA and (3) requires employer to review FRA and undertake measures to achieve compliance with undertake measures to achieve compliance with general duty and with general duty and with RegsRegs 3 3 -- 6 of the 2006 6 of the 2006 RegulationsRegulations

–– (4) identifies the (4) identifies the ‘‘fire safety measuresfire safety measures’’ as listed as listed in Schedule 2 (does not include in Schedule 2 (does not include ‘‘process process hazardshazards’’ ))

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Fire (Scotland) Act 2005Fire (Scotland) Act 2005Schedule 2: Fire Safety MeasuresSchedule 2: Fire Safety Measures

Measures to reduce the risk of fire on the premises and the Measures to reduce the risk of fire on the premises and the risks of the spread of fire on the premisesrisks of the spread of fire on the premises

Measures in relation to the means of escape from the Measures in relation to the means of escape from the premisespremises

Measures for securing at all material times the means of Measures for securing at all material times the means of escape can be safely and effectively used escape can be safely and effectively used

Measures in relation to the means for fighting fires on the Measures in relation to the means for fighting fires on the premisespremises

Measures in relation to the means for detecting fires on the Measures in relation to the means for detecting fires on the premises and giving warning in case of fire on the premisespremises and giving warning in case of fire on the premises

The arrangements for action to be taken in the event of fire The arrangements for action to be taken in the event of fire on the premises, including instruction and training of on the premises, including instruction and training of employees and measures taken to mitigate the effects of fireemployees and measures taken to mitigate the effects of fire

Fire (Scotland) Act 2005: Duties (2)Fire (Scotland) Act 2005: Duties (2)S.54 identifies the classes of S.54 identifies the classes of dutyholderdutyholder–– Ss.1 and 2 requireSs.1 and 2 require–– that any person who that any person who ‘‘has to any extent control of has to any extent control of

relevant premisesrelevant premises’’ must undertake an FRA for risks to must undertake an FRA for risks to ‘‘relevant personsrelevant persons’’

–– Ss.3 requires that any person in control of premises who Ss.3 requires that any person in control of premises who is not the owner or is not the owner or ‘‘carrying on an undertakingcarrying on an undertaking’’ to comply to comply with the need to undertake an FRAwith the need to undertake an FRA

–– Ss.4 requires that an FRA also be undertaken by any Ss.4 requires that an FRA also be undertaken by any tenant of premises or any person under an obligation to tenant of premises or any person under an obligation to as a tenant to undertake maintenance or repairas a tenant to undertake maintenance or repair

–– Ss. 5 requires all those who are required to undertaken Ss. 5 requires all those who are required to undertaken an FRA to also an FRA to also ‘‘take such fire safety measures as is take such fire safety measures as is reasonable for a person in that position to take. reasonable for a person in that position to take.

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Fire (Scotland) Act 2005: Duties (2A)Fire (Scotland) Act 2005: Duties (2A)

The The DutyholderDutyholder is therefore:is therefore:1.1. The The employer,oremployer,or::2.2. Any person carrying out an Any person carrying out an undertaking,orundertaking,or::3.3. Any person who has to any extent control of Any person who has to any extent control of

the premises, or:the premises, or:4.4. Any person who as a tenant has control of Any person who as a tenant has control of

premises, or:premises, or:5.5. Any person who as a tenant has a Any person who as a tenant has a

responsibility to maintain or repair buildingsresponsibility to maintain or repair buildings

Fire (Scotland) Act 2005Fire (Scotland) Act 2005Duties of EmployeesDuties of Employees

S.56 requires all employees S.56 requires all employees ‘‘at workat work’’ to take to take reasonable care of their own safety in reasonable care of their own safety in respect of fire and also to take reasonable respect of fire and also to take reasonable care of the safety of any other relevant care of the safety of any other relevant person who may be affected by their acts or person who may be affected by their acts or omissions at work.omissions at work.Employees are also required to cooperate Employees are also required to cooperate with their employers with their employers DutyholdersDutyholders are required to consider the are required to consider the measures proposed in S55(3) as the basis measures proposed in S55(3) as the basis for managing hazardsfor managing hazards

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Fire (Scotland) Act 2005Fire (Scotland) Act 2005Considerations for Managing HazardsConsiderations for Managing Hazards

S.55 Subsection 3:S.55 Subsection 3:The principles are:The principles are:–– Avoiding risks;Avoiding risks;–– Evaluating the risks which cannot be avoided;Evaluating the risks which cannot be avoided;–– Combating the risk at source;Combating the risk at source;–– Adapting to technical progress;Adapting to technical progress;–– Replacing the dangerous by the nonReplacing the dangerous by the non--dangerous dangerous

or less dangerous;or less dangerous;–– Developing a coherent overall prevention policy Developing a coherent overall prevention policy

which covers technology, organisation of work which covers technology, organisation of work and the influence of factors relating to the and the influence of factors relating to the working environment;working environment;

–– Giving collective protective measures priority Giving collective protective measures priority over individual protective measures; andover individual protective measures; and

–– Giving appropriate instructions to employees. Giving appropriate instructions to employees.

Fire (Scotland) Act 2005Fire (Scotland) Act 2005Chapter 4: OffencesChapter 4: Offences

S.72 contains provisions for offences and S.72 contains provisions for offences and associated penalties in respect of compliance associated penalties in respect of compliance failure. (The most serious breaches of the Act can failure. (The most serious breaches of the Act can result in a fine not exceeding result in a fine not exceeding ££20,000 or 20,000 or imprisonment not exceeding two yearsimprisonment not exceeding two yearsIn most cases, nonIn most cases, non--compliance alone is enough to compliance alone is enough to prove the offence. In the case of breaches of prove the offence. In the case of breaches of regulations made under S.57 or S.58, nonregulations made under S.57 or S.58, non--compliance alone is insufficient to prove an offence compliance alone is insufficient to prove an offence -- it must be accompanied by the risk of death or it must be accompanied by the risk of death or serious injury to relevant persons in the event of serious injury to relevant persons in the event of fire.fire.

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Fire (Scotland) Act 2005Fire (Scotland) Act 2005Chapter 4: Offences (Section 72)Chapter 4: Offences (Section 72)

Ss.9 provides a general Ss.9 provides a general defencedefence where a person can prove where a person can prove that they took all reasonable precautions and exercised all that they took all reasonable precautions and exercised all due diligence. (NB does not apply to Regulation 11 of the due diligence. (NB does not apply to Regulation 11 of the 2006 Regulations where 2006 Regulations where ‘‘due diligencedue diligence’’ is not a is not a defencedefencewhere an obligation is to be undertaken as far as reasonably where an obligation is to be undertaken as far as reasonably practicablepracticableSs.11 places the onus on a Ss.11 places the onus on a dutyholderdutyholder charged with an charged with an offence under S.53 to show that it was not reasonably offence under S.53 to show that it was not reasonably practicable to do more than was donepracticable to do more than was doneSs.12 and 13 also create a similar automatic Ss.12 and 13 also create a similar automatic ‘‘reverse reverse burden of proofburden of proof’’ in respect of offences committed under in respect of offences committed under Sections 57 and 58Sections 57 and 58S.73 provides that where an offence by a body corporate is S.73 provides that where an offence by a body corporate is proved to have been due to the consent or connivance or proved to have been due to the consent or connivance or neglect by a director, manager, secretary or similar officer of neglect by a director, manager, secretary or similar officer of that body then that person is also guilty of an offence and that body then that person is also guilty of an offence and liable to be proceeded against and punishedliable to be proceeded against and punished

Fire (Scotland) Act 2005Fire (Scotland) Act 2005Chapter 4: OffencesChapter 4: Offences

S.73 provides that where an offence by a body S.73 provides that where an offence by a body corporate is proved to have been due to the corporate is proved to have been due to the consent or connivance or neglect by a director, consent or connivance or neglect by a director, manager, secretary or similar officer of that body manager, secretary or similar officer of that body then that person is also guilty of an offence and then that person is also guilty of an offence and liable to be proceeded against and punishedliable to be proceeded against and punishedS.74 provides that where the commission of an S.74 provides that where the commission of an offence under Part 3 is due to the act or default of offence under Part 3 is due to the act or default of another person then the other person can be guilty another person then the other person can be guilty of the offence. The section also allows for the of the offence. The section also allows for the second party to be prosecuted even if the action second party to be prosecuted even if the action against the against the dutyholderdutyholder is dropped.is dropped.

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Fire (Scotland) Act 2005Fire (Scotland) Act 2005Chapter 5 GeneralChapter 5 General

S.77 requires the Crown to comply with Part S.77 requires the Crown to comply with Part 3 subject to minor exclusions relating to the 3 subject to minor exclusions relating to the armed forces and the Scottish parliamentarmed forces and the Scottish parliamentSs.2 protects the Crown from criminal Ss.2 protects the Crown from criminal prosecution under Part 3 but permits an prosecution under Part 3 but permits an enforcing authority to seek a declaration from enforcing authority to seek a declaration from the Court of Session that nonthe Court of Session that non--compliance is compliance is unlawfulunlawfulS.77 Visiting forcesS.77 Visiting forcesS.78 Definition of relevant premisesS.78 Definition of relevant premises

The Fire Safety (Scotland) Regulations 2006The Fire Safety (Scotland) Regulations 2006Additional Specific Obligations (1)Additional Specific Obligations (1)

Reg.3 requires that the Reg.3 requires that the FRAFRA’’ss should be reviewed should be reviewed regularly and whenever there has been any change regularly and whenever there has been any change in special, technical or in special, technical or organisationalorganisational measures measures (STOM)(STOM)Reg.4/5 requires an FRA before employment of Reg.4/5 requires an FRA before employment of anyone under the age of 18anyone under the age of 18Reg.6/7 relates to matters relating to Reg.6/7 relates to matters relating to FRAFRA’’ss when when dangerous substances are presentdangerous substances are presentReg.8 requires that Reg.8 requires that FRAFRA’’ss and information relating and information relating to these is recorded in writing when 5 or more to these is recorded in writing when 5 or more employees OR a employees OR a licencelicence is in force OR an is in force OR an Alternations Notice requires thisAlternations Notice requires thisReg.9 lists the information which must be recordedReg.9 lists the information which must be recorded

Slide 96


Reg.10 requires a Reg.10 requires a dutyholderdutyholder to make appropriate to make appropriate arrangements for effective planning, arrangements for effective planning, organisationorganisation, control, , control, monitoring and review of the fire safety measuresmonitoring and review of the fire safety measuresReg.11 relates to the methods for reducing risk where there Reg.11 relates to the methods for reducing risk where there are dangerous substances presentare dangerous substances presentReg.12 requires the Reg.12 requires the dutyholderdutyholder, where necessary to ensure , where necessary to ensure safety of relevant persons, to provide appropriate means for safety of relevant persons, to provide appropriate means for fighting fire and giving warning of fire. It also requires that fighting fire and giving warning of fire. It also requires that non automatic means must be easily accessible, simple to non automatic means must be easily accessible, simple to use and signed where necessaryuse and signed where necessaryReg.12 also Reg.12 also requires,whererequires,where necessary, the necessary, the dutyholderdutyholder::–– To take fire fighting measuresTo take fire fighting measures–– To nominate competent persons to implement these To nominate competent persons to implement these

measuresmeasures–– To arrange any necessary contacts with the emergency To arrange any necessary contacts with the emergency

servicesservices


Reg.13 contains specific provision for means of escapeReg.13 contains specific provision for means of escapeReg.14 refers to the need for providing for procedures for Reg.14 refers to the need for providing for procedures for serious and imminent danger (including persons to put serious and imminent danger (including persons to put these into operationthese into operationReg.15 refers to risks from dangerous substance (identical Reg.15 refers to risks from dangerous substance (identical to to RegReg 8 DSEAR)8 DSEAR)Reg.16 requires the maintenance of fire safety measures, Reg.16 requires the maintenance of fire safety measures, fitting, equipment and fitting, equipment and devices.(NBdevices.(NB this includes facilities this includes facilities provided under previous enactments)provided under previous enactments)Reg.17 requires the Reg.17 requires the dutyholderdutyholder to nominate one or more to nominate one or more competent persons to undertake measures specified in competent persons to undertake measures specified in Chapter One. Where more than one person is appointed Chapter One. Where more than one person is appointed arrangements must be made for coordination and arrangements must be made for coordination and cooperation together with adequate provision of time and cooperation together with adequate provision of time and faciltiesfacilties to do the job. to do the job.

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Reg.18 imposes obligations on employers to Reg.18 imposes obligations on employers to provide employees with information on the findings provide employees with information on the findings of the risk assessment and the measures taken to of the risk assessment and the measures taken to counter fire hazards. There are also specific duties counter fire hazards. There are also specific duties in respect of information to the parents of the under in respect of information to the parents of the under 1818’’s and to employees in respect of dangerous s and to employees in respect of dangerous substancessubstancesReg.19 requires Reg.19 requires dutyholdersdutyholders to provide information to provide information on the findings of the risk assessment and the on the findings of the risk assessment and the measures taken to counter fire hazards to the measures taken to counter fire hazards to the employers of any persons working on the premises. employers of any persons working on the premises. The same information including the identity of the The same information including the identity of the competent persons nominated must be provided to competent persons nominated must be provided to the relevant employees the relevant employees


Reg.20 imposes obligations on an employer to Reg.20 imposes obligations on an employer to ensure that employees have adequate fire safety ensure that employees have adequate fire safety trainingtrainingReg.21 requires that where responsibility in Reg.21 requires that where responsibility in premises for fire safety is premises for fire safety is shared,dutyholdersshared,dutyholders must must cooperate with each other to enable each to cooperate with each other to enable each to comply, to coordinate measures and inform each comply, to coordinate measures and inform each other of risksother of risksReg.21 also introduces the concept of Reg.21 also introduces the concept of ‘‘overall overall responsibilityresponsibility’’ where premises contain dangerous where premises contain dangerous substances substances -- the employer or the employer or dutyholderdutyholder whose whose premises contains the substances must coordinate premises contains the substances must coordinate implementation of the measures requiredimplementation of the measures required

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Reg.20Reg.20(1) The employer must ensure that his employees are (1) The employer must ensure that his employees are

provided with adequate safety training:provided with adequate safety training:(a) at the time when they are first employed; and(a) at the time when they are first employed; and((bb) on their being exposed to new or increased risks ) on their being exposed to new or increased risks

because of because of --(omitted for clarity: changes of work, responsibility, (omitted for clarity: changes of work, responsibility, technology equipment)technology equipment)

(2) The training referred to in paragraph (1) must: (2) The training referred to in paragraph (1) must: (a) include suitable and sufficient instruction on the (a) include suitable and sufficient instruction on the

appropriate precautions and actions to be taken by the appropriate precautions and actions to be taken by the employee in order to safeguard himself and other employee in order to safeguard himself and other relevant persons on the premises;relevant persons on the premises;

((bb) be repeated periodically where appropriate;) be repeated periodically where appropriate;((cc) be adapted to take account of new or changed risks to ) be adapted to take account of new or changed risks to

the safety of the employees concernedthe safety of the employees concerned((dd) be provided in a manner appropriate to the risk ) be provided in a manner appropriate to the risk

identified by the RAidentified by the RA((ee) take place during working hours ) take place during working hours


Reg.22 imposes obligations on employees at work to inform Reg.22 imposes obligations on employees at work to inform their employers whether there is a serious and imminent their employers whether there is a serious and imminent danger or shortcomings in the measures provided for safety danger or shortcomings in the measures provided for safety of lifeof lifeReg.23 refers to a requirement to maintain facilities for fire Reg.23 refers to a requirement to maintain facilities for fire fighters provided in the premises under this Act or previous fighters provided in the premises under this Act or previous enactmentsenactmentsReg.24 requires the provisions of Reg.23 to be applied to Reg.24 requires the provisions of Reg.23 to be applied to the common areas of dwellingsthe common areas of dwellingsReg.25 relates to delegation of certain functions to other Reg.25 relates to delegation of certain functions to other parties.parties.Reg.26 provides that an act or omission by a competent Reg.26 provides that an act or omission by a competent person does not provide a person does not provide a defencedefence to a to a dutyholderdutyholderReg.27 relates to the service of documentsReg.27 relates to the service of documentsReg.28 Reg.28 disappliesdisapplies certain provisions relating to dangerous certain provisions relating to dangerous substance and transport and to the securing of exit doors in substance and transport and to the securing of exit doors in prisons etc prisons etc

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Fire (Scotland) Act 2005: Notices (1)Fire (Scotland) Act 2005: Notices (1)

Reg.65 Alterations NoticesReg.65 Alterations Notices–– The Enforcing Authority(EA) may serve on the The Enforcing Authority(EA) may serve on the

dutyholder a notice dutyholder a notice -- referred to as an Alterations referred to as an Alterations Notice.Notice.

–– Where an Alterations Notice is in effect, the Where an Alterations Notice is in effect, the dutyholder must inform the EA of any proposed dutyholder must inform the EA of any proposed changes to the premises or the use of the changes to the premises or the use of the premises which may result in a significant premises which may result in a significant increase in riskincrease in risk

–– All matters such as the findings of fire risk All matters such as the findings of fire risk assessments and action to be taken etc must be assessments and action to be taken etc must be put in writing (regardless of the number of put in writing (regardless of the number of persons employed.persons employed.

Fire (Scotland) Act 2005: Notices (2)Fire (Scotland) Act 2005: Notices (2)Reg.64 Enforcement Notices Reg.64 Enforcement Notices

–– If the EA are of the opinion that the dutyholder has failed to cIf the EA are of the opinion that the dutyholder has failed to comply omply with any provision of the Order or any Regulations made under itwith any provision of the Order or any Regulations made under it, the , the authority may serve on that person a notice authority may serve on that person a notice -- referred to as an referred to as an Enforcement Notice which shallEnforcement Notice which shall

•• State that the EA are of the opinion that the dutyholder has faiState that the EA are of the opinion that the dutyholder has failed to led to comply with one or more provisionscomply with one or more provisions

•• Specify the provisions which have not been complied with; andSpecify the provisions which have not been complied with; and•• Require that the person eitherRequire that the person either

–– Take steps to remedy the failure (in the time* specified); orTake steps to remedy the failure (in the time* specified); or–– To send to the EA such information as may be specified within thTo send to the EA such information as may be specified within the time* e time*

specifiedspecified•• A notice may include directions as to the measures which the EA A notice may include directions as to the measures which the EA

considers necessary and may offer the employer a choice of remedconsiders necessary and may offer the employer a choice of remediesies•• Before serving a notice the EA shall consult as necessary eg BuiBefore serving a notice the EA shall consult as necessary eg Building lding

Authority, HSE, Approved Inspector, Licensing Authority.Authority, HSE, Approved Inspector, Licensing Authority.

* Normally, not less than 28 days* Normally, not less than 28 days..

Slide 104

Fire (Scotland) Act 2005: Notices (3)Fire (Scotland) Act 2005: Notices (3)Reg.63 Prohibition notices Reg.63 Prohibition notices

–– If the EA are of the opinion that use of the premises involves oIf the EA are of the opinion that use of the premises involves or will involve a r will involve a risk to persons on the premises, in case of fire, so serious tharisk to persons on the premises, in case of fire, so serious that use of the t use of the premises ought to be prohibited or restricted, the authority maypremises ought to be prohibited or restricted, the authority may serve on the serve on the dutyholder a notice referred to as a Prohibition Notice.dutyholder a notice referred to as a Prohibition Notice.

–– A prohibition notice may include directions as to the measures wA prohibition notice may include directions as to the measures which will hich will have to be taken to remedy the matters specified in the notice ahave to be taken to remedy the matters specified in the notice and may offer nd may offer the employer a choice of remediesthe employer a choice of remedies

–– Before serving a prohibition notice on an HMO the authority shalBefore serving a prohibition notice on an HMO the authority shall notify the l notify the local housing authority.local housing authority.

–– A prohibition notice shall A prohibition notice shall •• State that the EA are of the opinion that that use of the premisState that the EA are of the opinion that that use of the premises es

involves or will involve a risk to persons on the premises, in cinvolves or will involve a risk to persons on the premises, in case of fire, ase of fire, so serious that use of the premises ought to be prohibited or reso serious that use of the premises ought to be prohibited or restricted stricted

•• Specify the matters which give rise to that risk Specify the matters which give rise to that risk •• Direct that the use to which the prohibition relates is prohibitDirect that the use to which the prohibition relates is prohibited or ed or

restricted (as may be specified) until the specified matters havrestricted (as may be specified) until the specified matters have been e been remedied.remedied.

•• Take effect immediately it is served if the authority think thisTake effect immediately it is served if the authority think this is is necessarynecessary

Fire (Scotland) Act 2005: Notices (4)Fire (Scotland) Act 2005: Notices (4)

Alternations, Enforcement and Prohibition Alternations, Enforcement and Prohibition NoticesNotices

•• All remain in effect until withdrawn by the All remain in effect until withdrawn by the enforcing authority or are overturned by the sheriffenforcing authority or are overturned by the sheriff

•• May be withdrawn at any timeMay be withdrawn at any time•• May be varied by the Sheriff CourtMay be varied by the Sheriff Court•• Enforcement notices may be issued which extend the Enforcement notices may be issued which extend the

period specified in the notice unless an appeal is period specified in the notice unless an appeal is pendingpending

•• Notices (except Prohibition) are suspended when an Notices (except Prohibition) are suspended when an appeal is lodged.appeal is lodged.

•• Only where specified by the sheriff will a Prohibition Only where specified by the sheriff will a Prohibition notices be suspended and then only from the time of notices be suspended and then only from the time of the order.the order.

Slide 106

Business Continuity Planning:

A Brief Overview

Crisis Management Crisis Management -- Linear ViewLinear View

1. Dealing with the actual scenario (Fire, flood, explosion, release of toxic material etc): Hours - days

2. Handling the by-products of the disaster (Salvage, damage control, clean up, relocation etc): Days to weeks

3. Recovery - getting back to normal: Weeks - years

Slide 108

Roadblocks on Linear MapRoadblocks on Linear Map

How to plan for unknown event ?How to plan for unknown event ?Management strengths may not be suited to Management strengths may not be suited to managing in a crisismanaging in a crisisConflicting priorities (unit/dept v.organisation)Conflicting priorities (unit/dept v.organisation)Coordination of separate responsesCoordination of separate responsesHealth and safetyHealth and safety‘‘Leave it to the professionalsLeave it to the professionals’’ culturecultureIncreasing media interest: Increasing media interest: ‘‘Name, shame Name, shame and blameand blame’’

Why are we Bothering ?Why are we Bothering ?Reasons for not undertaking contingency planning: Reasons for not undertaking contingency planning:

Fires and similar disasters in the Fires and similar disasters in the ‘‘new economynew economy’’ are are rarerareWe are only a few minutes from the fire station and we We are only a few minutes from the fire station and we have 24 hour security staff and a fire detection systemhave 24 hour security staff and a fire detection systemThis is just something else the insurers have thought This is just something else the insurers have thought upupI donI don’’t need this distraction from my primary missiont need this distraction from my primary missionWe canWe can’’t afford to spend time or money on this t afford to spend time or money on this -- it it wonwon’’t happen to ust happen to usWhy donWhy don’’t you get a proper job and stop interfering !t you get a proper job and stop interfering !

Slide 110

Disaster Management Disaster Management -- Why ?Why ?Fires alone can cause massive damage Fires alone can cause massive damage The implications for staying in business The implications for staying in business are enormousare enormousThere There areare things that can be done things that can be done -- at at relatively low costrelatively low costDoing nothing could be legally/morally Doing nothing could be legally/morally indefensibleindefensibleCorporate governance rules and impact of Corporate governance rules and impact of Regulators (eg FSA)Regulators (eg FSA)Just Just startingstarting to plan reduces the risksto plan reduces the risks

Incidents can result in Incidents can result in criminal penalties as criminal penalties as well as sales impactwell as sales impactIn this case, failure to In this case, failure to inform the authorities inform the authorities will certainly mean a will certainly mean a substantial finesubstantial fine

Slide 112

So how do we plan So how do we plan for the unknownfor the unknown ??Be realisticBe realisticBrainstorm scenariosBrainstorm scenariosWhat will hurt the most ?What will hurt the most ?What has gone wrong in the past ?What has gone wrong in the past ?What about other organisations ?What about other organisations ?

We need to be We need to be constantly aware of constantly aware of changing changing circumstancescircumstancesWhat percentage of What percentage of your buildingyour building’’s power s power demand is satisfied by demand is satisfied by your generators ?your generators ?

Slide 114

Brainstorming:Brainstorming:Scenarios and SolutionsScenarios and Solutions

Consider all options Consider all options -- however wildhowever wildGet specialists to propose their ownGet specialists to propose their ownDevelop a list with three categoriesDevelop a list with three categories

-- possiblepossible-- probableprobable-- unlikelyunlikely

Decide where to devote resourcesDecide where to devote resources

RespondRespond -- DonDon’’t Reactt React

Your plan must help you manage the consequences of the incident

not not deal with the deal with the causescauses of the incidentof the incident

Slide 116

Other critical activitiesOther critical activitiesRelocation Relocation -- may be required even if there is may be required even if there is no damage to the property no damage to the property Procedures for recovering/recreating data Procedures for recovering/recreating data lost or damaged during/prior to the incidentlost or damaged during/prior to the incidentInsurance claimsInsurance claimsCounselling/support for staff/others affectedCounselling/support for staff/others affectedMore than one plan ? More than one plan ? –– Relocation Relocation –– Information and mediaInformation and media–– Recovery Recovery

Objectives of the PlanObjectives of the Plan

To minimise the impact of any incident To minimise the impact of any incident on the organisation on the organisation To provide information to staff, To provide information to staff, customers, suppliers and otherscustomers, suppliers and othersTo get back to normal as quickly (and To get back to normal as quickly (and cheaply) as possiblecheaply) as possibleTo protect the organisationTo protect the organisation’’s reputations reputation……In other words: to stay in business !In other words: to stay in business !

Slide 118

Trigger for Relocation ?Trigger for Relocation ?

How many WWII bombs will be found during the various Olympic projects ?

Drawing up a PlanDrawing up a PlanThe shorter a plan is, the betterThe shorter a plan is, the betterWherever possible plans should be Wherever possible plans should be drawn up in house (no consultant, drawn up in house (no consultant, however experienced, can however experienced, can understand your business as well understand your business as well as you do)as you do)No plan can ever cover all No plan can ever cover all eventualities and to try to do so is eventualities and to try to do so is counter productivecounter productive

Slide 120

CommunicationsCommunicationsRadiosRadios–– CheapCheap–– Easily availableEasily available–– BatteriesBatteriesMobilesMobiles–– CongestionCongestion–– Selective disconnectionSelective disconnection–– BatteriesBatteriesLandlinesLandlines–– Telephone preference systemTelephone preference system–– Power for mains operationPower for mains operation–– Impact on broadband and faxesImpact on broadband and faxes

Communications Communications -- A Solution?A Solution?A satellite phone package A satellite phone package on the Thuraya network for on the Thuraya network for less than less than ££650650Will operate even when all Will operate even when all other services are down or other services are down or disconnecteddisconnectedIncl prepaid SIM Card Incl prepaid SIM Card containing credit for 60 containing credit for 60 minutes worth of callsminutes worth of callsMonthly rental for similar Monthly rental for similar phone service is around phone service is around ££45 with phones costing 45 with phones costing ££500 500 -- ££600600

Slide 122

Other Support ServicesOther Support Services

•• SecuritySecurity•• CateringCatering•• Specialist support and services Specialist support and services -- ITIT•• Welfare/counsellingWelfare/counselling•• Provision of clerical support Provision of clerical support •• Telephone operatorsTelephone operators•• Other building services and maintenanceOther building services and maintenance•• Cash/cheque disbursementCash/cheque disbursement•• How will staff get home ? (keys, purses, tickets)How will staff get home ? (keys, purses, tickets)

Control CentreControl Centre

Select suitable location Select suitable location now now !!Communications first and foremostCommunications first and foremostReliable power supplyReliable power supplyAppropriate size Appropriate size -- for full team and for full team and support personnel/servicessupport personnel/servicesWelfare facilitiesWelfare facilitiesEasy access to other rooms for Easy access to other rooms for briefings etcbriefings etc

Slide 124 TrainingTraining

Start off with small groups and Start off with small groups and short sessionsshort sessionsTeach/confirm basic skillsTeach/confirm basic skillsGet feedback for plan revisionGet feedback for plan revisionSet up table top exercisesSet up table top exercisesLarger exercises can followLarger exercises can followInvolve all relevant staffInvolve all relevant staff

Draft the Plan

Train Staff

Limited Exercise

Revision Of PlanFull Scale Exercise

Revision Of Plan

Training

The Training Cycle

Slide 126

ExercisesExercises

Must be scenario basedMust be scenario basedMust involve relevant staff Must involve relevant staff -- no no deputising !deputising !Start simply, then be more Start simply, then be more ambitiousambitiousInvolve other organisationsInvolve other organisations

The Emergency TeamThe Emergency Team

Some companies have two tier structureSome companies have two tier structure–– Top level Top level -- group/corporate coordinationgroup/corporate coordination–– Lower level Lower level -- company or site responsecompany or site response

Team membership should offer flexibility Team membership should offer flexibility -- eg a eg a different group for managing a PR crisis as different group for managing a PR crisis as compared to a plant explosioncompared to a plant explosionConsider the need for reserves/deputiesConsider the need for reserves/deputiesCould this be a good opportunity for succession Could this be a good opportunity for succession planning/employee development ?planning/employee development ?

Slide 128

ConclusionsConclusionsManaging risk means more work for the FMManaging risk means more work for the FM

But:But:Can result in significant pay back inCan result in significant pay back in–– Reduction in number and impact of incidentsReduction in number and impact of incidents–– Lower insurance premiums or deductiblesLower insurance premiums or deductibles–– No prosecutionsNo prosecutions–– Better public imageBetter public image–– Happier work forceHappier work force–– Contented regulators, shareholders and board Contented regulators, shareholders and board

membersmembers

When is your annual report due ?When is your annual report due ?

BIFM TrainingQuadrilect Ltd

Risks, Security, Fire And Safety Management & Business

Continuity Planning

Stewart KiddLoss Prevention Consultancy Ltd

Web site: http://www.risk-consultant.com

May 2008