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#1 Posted : 20 May 2006 20:57:00(UTC)
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Posted By srd Under the Regulatory Reform (Fire Safety) Order, who would be our 'responsible person' out of the H&S manager, the MD, the Works Engineer (responsible for the buildings), or someone else? I read that it is supposed to be an 'employee who has control of the premises', or 'the owner of the premises', but as the role involves risk asessments wouldn't the H&S manager, as the one who already has these skills, be the favourite for this role? Are all of you here all assuming the role in your workplaces, or is it going to someone else? Stephen.
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#2 Posted : 21 May 2006 07:56:00(UTC)
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Posted By Raymond Rapp As far as I understand the RRFSO, the person writing the RAs needs to competent. There may be a duty for the owner of the propery to ensure they engage competent persons to assist them fulfil that duty. Regards
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#3 Posted : 21 May 2006 08:36:00(UTC)
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Posted By Martin Monaghan According to the the Office of the Deputy Prime Minister (does it still exist?): "Responsibility for complying with the Fire Safety Order will rest with the 'responsible person'. In a workplace, this is the employer and any other person who may have control of any part of the premises, eg the occupier or owner. In all other premises the person or people in control of the premises will be responsible. If there is more than one responsible person in any type of premises, all must take all reasonable steps to work with each other." My interpretation of this for my workplace is that the MD is the "Responsible Person" and he has appointed me as a competent person to carry out the Risk Assessment and implement any control measures. This is the same arrangement we have had for some time under the current legislation. Martin.
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#4 Posted : 21 May 2006 11:22:00(UTC)
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Posted By Kate Graham My understanding was that in legal terms a person doesn't have to be a human being - it can be a company. Then the responsible person is the employer: the company that employs people. The original question is really about the competent person not the responsible one. Kate
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#5 Posted : 22 May 2006 09:08:00(UTC)
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Posted By Bob Shillabeer Hi All, Kate is correct when she says a person can be a company. The term used by the RR(FS)O is quite simple. The 'responsible person' is the employer or where there is no employer the person (or company) having control in connection with the carrying on by him of a trade, business or other undertaking or the owner when the person in control does not have control in connection with the carrying on by him of a trade, business or other undertaking. This definition is because the RRo applies to all types of premises except domestic dwellings and offshore installations, ships, farming and forestry land away from buildings, transportation and mines other than surface buildings. In short anyone who has control of the premises is responsible for complying with the RRO. There still seems to be a myth about the RRO's requirements. The requirements have existed for some years in the form of the Fire Precautions (Work Place) Regulations 1997 and simply extends the principle of fire risk assessment to all premises. The existance of fire certificates was very limited mainly due to the failure of Government over the years to make orders under the Fire Precuations Act 1971 and is therefore mainly a tidying up exercise. If you have previously done fire risk asesments under the 1997 Regulations you need only check the risk assesments remain accurate and adequate, if not you need to undertake the risk assesments by October this year. As to who does the assessments a competent person is required and there are numurous training suppliers touting for business. The responsible person is only responsible for ensuring the risk assessments are completed by a competent person so must appoint one to do the work and the RP must then ensure the control measures (the fire safety arrangements) are properly implemented. It's as simple as that (??)
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#6 Posted : 22 May 2006 12:30:00(UTC)
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Posted By srd >It's as simple as that (??) Isn't it always! Thanks all for clearing that up. Stephen
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#7 Posted : 22 May 2006 13:24:00(UTC)
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Posted By Stupendous Man ODPM = Department for Communities & Local Government (DCLG). They have yet to change some of their branding i.e. web-page addresses still make refrerence to ODPM. Interesting that the Deputy Prime Minister loses his 'Office', but keeps the houses and cars!! (but I digress) DCLG consists in the main of all the old ODPM functions, but with a few extra ones added in.
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#8 Posted : 23 May 2006 10:53:00(UTC)
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Posted By Bob Shillabeer Hi All, srd is of course correct life is not that simple but the message is don't panic. The purpose of the RRO is to simplify current legislation (well that's the official line anyway) and in the case of fire safety it does just that. If you have already complied with the 1997 Regulations by doing the fire risk assessments you have nothing to worry about other than checking your fire arrangements are still fit for purpose.
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