Lawyers sound alarm bells over new fire regs

By Elaine Watson

- Last updated on GMT

Related tags Insurance

Lawyers sound alarm bells over new fire regs
Directors could be personally responsible if a firefighter is killed

Manufacturers could end up in court if they fall foul of new fire regulations, legal experts warned.

Under the new Fire Safety Order, which comes into force on April 6, 2006, employers will become directly responsible for fire safety and must designate an individual to conduct risk assessments and implement fire prevention measures, said Ron Reid, a partner at law firm Shoosmiths.

For the first time, employers will also be responsible for assessing risks to firefighters as well as employees, said Reid.

"Say you have a cabinet containing chemicals full of flammable liquids. Just labelling and securing it properly to protect your own staff is no good anymore," said Reid.

If it explodes and kills a firefighter and it transpires that the assessment on the premises did not consider its risk to firefighters, company directors could face a jail sentence, he said.

Up until now, the fire service provided free prevention advice and reviewed company buildings, he said: "Under the new system, companies without the expertise in-house will have to pay third-parties to do this, at some expense. People in this game charge at least £500 a day. This could run into thousands of pounds to assess a large facility."

The fire service will carry out random spot checks and prosecute where necessary, he added. "Larger companies might be aware of this regulation, but many smaller companies are not. It is a major sea change."

Losses resulting from fires cost the food industry an estimated £350m between January 2004 and May 2005, according to a new report from insurance broker and risk management specialist Aon.

There has been a recent spate of fires, with last month's blaze at Cadbury's popcorn site at Pontefract coming hot on the heels of fires at Geest's pasta and garlic bread plant in Barton-upon-Humber, Rathbones' Bakery in Carlisle and Premier Foods' pickle factory in Bury St Edmunds.

Aon Risk Services' consumer products group md Peter Jackson said: "These incidents haven't affected premiums just yet, but they are already sky-high and many insurers are reviewing the risks from food industry clients very carefully."

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