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Fighting back the flames


28 July 2010


In January 2004 a fire at a care home in Scotland claimed the lives of 14 elderly residents. More than 6 years later an inquiry is in the process of hearing evidence on the causes of death and importantly, any precautions that could have been taken which might have avoided the tragedy.

Whilst this event is taking place across the border in Scotland, it acts as a reminder to all care home owners and managers of their obligations under the Regulatory Reform (Fire Safety) Order 2005 which came into force on 1st October 2006, and the consequences of breach.

Who Is Responsible?

The employer or the person who has control over the premises has responsibility for complying with the Fire Safety Order. This can include a Director or Manager of a company, a landlord, owner or an employee with sufficient responsibility and control. In some cases there may be more than one responsible person for the premises. The Order allows enforcement action to be taken against the person who is culpable and/or in a position to remedy contraventions.

Fire Risk Assessment

A suitable and sufficient fire risk assessment must be conducted in order to identify all fire hazards and any necessary remedial action. It should include an assessment of ignition sources, escape routes, vulnerable residents, signage, lighting, fire detection and alarm systems, fire fighting provision including instruction and information, testing and maintenance of fire alarms and other safety systems. Such an assessment should be conducted by a competent person, with appropriate expertise and experience.

Remove or Reduce Hazards

Having identified the hazards you must take steps to eliminate or reduce the hazards. There is a balance to be struck between protecting the health and safety of residents and maintaining their quality of life. For example, a self closing door may be impractical for disabled or less mobile residents. There are practical steps which can be taken including ensuring all electrical goods are maintained, reducing flammable liquids e.g. cleaning products, oxygen tanks, revising the layout to reduce travel to escape routes, limiting the number of people on the premises at any one time.

Record, Plan and Train

Recording your risk assessment in writing can form a useful tool for developing your emergency plan, identifying what actions need to be taken and the instruction, information and training you need to provide to staff and/or residents and visitors. A suitable and sufficient risk assessment should assist you to record the following:

• The fire hazards you have identified

• The actions you have taken or will take to remove or reduce the chance of a fire occurring

• Persons who may be at risk, particularly vulnerable residents.

• The actions you have taken or will take to reduce the risk to people from the spread of fire and smoke

• The actions people need to take in case of fire including details of any persons nominated to carry out a particular function

• The information, instruction and training you have identified that people need and how it will be given.

Fire risk continues to present significant challenges in the care home industry and there is likely to be an increase in prosecutions brought under the Fire Safety Order which could not only result in a significant financial burden but also reputational damage.

This article first appeared in Caring Times

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