Brexit And Fire Safety: What Will Change, And What Won’t?

After years of Brexit negotiations and an ongoing climate of prevailing uncertainty, businesses across the UK are still adjusting to the realities of life outside the European Union. Following the end of the UK’s transition period with the European Union, at the end of last year, the United Kingdom is no longer subject to European laws.

However, for many companies, the last-minute nature of the Brexit negotiations mean that they remain unclear on what has actually changed in practical terms, particularly with regard to the day-to-day rules and regulations that govern how they do business.

Post-Brexit workplace safety rules

Workplace safety rules are likely to be a major source of questions in many cases

Workplace safety rules are likely to be a major source of questions in many cases. Have any rules changed as a result of Brexit? Do any of the fire safety standards that were previously in place need to be amended now that EU standards no longer apply in the UK? And is it likely that the UK’s fire safety laws might change in the near future, to reflect the country’s newfound legislative independence?

Here, we will explore the answers to these questions, in order to provide you and your business with an insight into what aspects of fire safety might change due to Brexit - and what elements are almost certain to remain the same.

What has already changed?

In truth, the reality is that so far, very little has changed in terms of how workplace safety regulations are implemented and enforced in the United Kingdom.

Although many of the current rules around occupational safety and fire prevention were previously derived from EU directives, the European Union (Withdrawal) Act 2018 has since transposed all of those regulations into UK law, in order to provide as much legal continuity for businesses and communities as possible.

Amendments to the supply of new work equipment

By enshrining these former EU rules as UK law, the British government is now able to enforce them directly, as well as gaining the ability to adapt or remove them unilaterally in the future.

Thus far, the most notable change affecting fire safety standards are the amendments to the manufacture and supply of new work equipment, which have altered the processes that are involved in certifying the safety and quality of equipment, which are used in the workplace.

UK-specific UKCA standard

Post-Brexit, newly-manufactured equipment will be tested and marked as per new UK-specific UKCA standard

Previously, any gear purchased for workplace use needed to bear European CE marking to affirm its conformity to international standards. However, post-Brexit, newly-manufactured equipment will be tested and marked according to the new UK-specific UKCA standard instead.

In practice, the impact of this change will not be significant for the time being. Products that conform to relevant European product supply legislation and correctly bear the CE marking will be treated as satisfying the requirements of the relevant UK legislation, until December 31st 2021, and will therefore not require UK marking. This is only likely to change after this date, if future regulatory evolution causes the UKCA and CE standards to diverge.

What might change in future?

At present, the vast majority of UK legislation on fire prevention and general workplace health and safety, remains in close alignment with EU standards, partly in order to maintain an international consensus on best practice, and to facilitate economic cooperation. However, the stated purpose of Brexit was to provide the UK government with scope to amend and create its own standards and regulations, and as time goes by, it becomes more likely that we will see increasingly significant changes to how fire safety is regulated.

For example, in recent months the government has pledged to make a number of updates to the Regulatory Reform (Fire Safety) Order 2005, following a series of inquiries and consultations prompted by the Grenfell Tower fire of 2017. The proposed move could usher in the following changes for all regulated buildings in England, both residential and commercial:

• When carrying out a fire risk assessment, there will be a new requirement for any person engaged by the responsible person (RP) to undertake any part of the assessment to demonstrate competence.
• RPs will be required to record their completed fire risk assessments, and the identification of RPs will also be recorded.
• Penalties for failure to comply with fire safety regulations will increase.
• Steps will be taken to improve the effectiveness of consultation between building control bodies and fire and rescue authorities on planning for building work, as well as for arranging the handover of fire safety information.

As such, businesses should be keeping a close eye on any moves by the government to update its approach to fire safety regulations, and make sure they are ready to make these changes as and when they are needed.

What will remain the same?

The UK has always been committed to maintaining high standards when it comes to fire safety

Although a certain amount of regulatory change is to be expected in a post-Brexit UK, it is also important for businesses to be realistic about what is always likely to stay the same. The UK has always been committed to maintaining high standards when it comes to fire safety, and there is no reason for any organization to allow these standards to slip in the wake of Brexit.

No matter what happens in future, you will always be expected to fulfill the following responsibilities:

• Carry out regular fire safety risk assessments to identify potential fire hazards within your workplace, and then create a plan to eliminate, minimize or manage these risks.
• Make sure your workplace is properly equipped with fire detection systems and equipment, and maintain them regularly to keep them in proper working order.
• Keep your fire exits and escape routes clearly marked, well-lit and unobstructed at all times.
• Invest in fire extinguishers, fire blankets and other equipment to ensure you are able to contain any fires that break out.
• Provide appropriate training for all of your staff on procedures they should follow in case of fire, including fire drills, as well as getting their buy-in to create a company culture where fire risks are managed and dealt with proactively.

Political circumstances may change, but the core principles of workplace fire safety will always remain the same. As such, the best way to ensure your business is properly equipped for the future is to hold fast to these timeless principles, using them as a foundation for future changes and advances as the reality of post-Brexit trading slowly takes shape.