Most of us are aware that regulations must be strictly adhered to, or penalties may be imposed. The problem is that the regulations (as stated in a previous post) doesn’t give the definitive solutions to implement these regulations. As far as fire safety goes, we need to also look at the Standard AS3745 ‘Planning for Emergencies in Facilities’ and use both of these documents to come up with a site specific solution to your emergency preparedness. Depending on your workplace, other Standards, Codes of practice, Building codes etc may also need to be taken into account.
I have heard far too many times “It’s only a standard so we don’t need to follow it.” Unfortunately, what is being missed with this attitude is the fact that the standard was written to support the regulation and gives more information to be able to effectively implement appropriate, safe and site specific procedures including training to ensure the safety of everyone in the workplace.
If for example: There was a terrible fire in a building, and as a result a number of Occupants were badly injured or even worse, killed. You can bet this will end up on the Coroners desk to investigate.
Hypothetically, during the investigation, the Coroner discovers that the regulations had been mostly followed, but appears that the Standard AS3745 was not followed. What the Coroner finds is that Warden training was only carried out once per year as per the QBFSR but not 6 monthly as the Standard AS3745 mandates.
After talking to the Wardens during his investigation, the Coroner found that most Wardens admitted that they were not familiar with their procedures, as they had not had training for 11 months and had forgotten what they had been taught. There were also new Wardens that had not had any training at all as Management decided to wait till the next block training session. (This incidentally, is against both AS3745 and the QBFSR).
Will this be taken into account by the Coroner as it was ONLY a standard not being followed? I wouldn’t like to end up in court in a situation such as this hypothetical. The Coroner will take into account all documentation relating to emergency procedures including this Standard AS3745, QBFSR and Act, Health & Safety Regulations and Act, Building Codes and any other documentation that might help him understand what happened and to be able to implement recommendations to update the documentation as required to mitigate this situation occurring again.
What I am trying to get across here folks, is that the Standards are every bit as important as the regulations. That’s why they exist!!!
I do not purport to understand the law as such, as I am not a lawyer. But if you look at some sections of the Qld Fire Services Act, there are much greater penalties than the Qld Building Fire Safety Regulations propose, including prison.
If you are the owner of, or a business or person that is occupying a building in Queensland, you have a legal obligation to ensure the safety of any person in that building in the event of a fire or hazardous material emergency.
(Q) WHAT DO YOU NEED TO DO TO ENSURE COMPLIANCE IS ACHIEVED?
(A) COMPLY WITH THE QUEENSLAND BUILDING FIRE SAFETY REGULATIONS 2008.
The main objects of this regulation are:
To ensure persons can evacuate buildings safely and quickly if a fire or hazardous materials emergency happens; and
To ensure prescribed fire safety installations for buildings are maintained.
Requirements for Managing Entities: (Building Management)
This applies to the managing entity of a multi-occupancy building for keeping the fire and evacuation plan for the building.
The managing entity must ensure the fire and evacuation plan takes into account the evacuation coordination procedures stated in the fire and evacuation plans for all parts of the building occupied by secondary occupiers.
Penalties apply for each QBFSR non-compliance.
Up to 30 Penalty Units (1 Penalty Unit = $110.00)
To achieve compliance, you are required to have in place:
A Fire Safety Adviser must be appointed in a high occupancy building/tenancy with over 30 employees or in a residential building over 25 Metres. (8 levels)
Keeping evacuation routes free from obstruction.
Evacuation planning, instruction and practice for Wardens and Staff, including persons with special needs. This includes:
General evacuation instructions for all staff within two days of starting employment and then every 12 months.
First-response evacuation instructions for all staff within 1 month of starting employment and then every two years. (If a high occupancy building, first response instructions must be given by an RTO or Fire Safety Adviser)
Evacuation coordination instructions for the Warden team yearly. (AS3745 2010 mandates 6 monthly training and is best practice).
Evacuation practice yearly.
Warden, Staff training and Evacuation exercise records must be kept.
Maintenance of installed fire safety installations.
Records of maintenance including Occupiers statements must be kept for 2 years after statement is prepared.
Evacuation signs and diagrams.
Fire and evacuation plans demonstrating means of escape from buildings.
“Anderson EMC is a small and growing consultancy. I look forward to meeting you and your team and helping you understand your compliance requirements, I will review your site, develop procedures, implement those procedures, and maintain them!!
So what are you waiting for, let’s meet”
