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Fire risk is a major accidental hazard in businesses. Given its enormous human and economic implications, it is crucial for employers to fully assess the risk by implementing appropriate prevention measures. Here are the main applicable regulatory provisions.
Fire Risk Prevention: What are the employer's obligations?
The provisions of the Labor Code regarding fire risk prevention target both the project owner, concerning the design of premises, and the employer-user of the workplaces. In this article, we will focus on the rules applicable to employers as outlined in articles R4227-1 to R4227-57 of the Labor Code.
Fire Risks: Rules Applicable to Means of Escape
As a reminder, a means of escape refers to any part of a building that allows occupants to evacuate. This could include, for example, a door, exit, passageway, corridor, or staircase.
To ensure the safe evacuation of personnel, means of escape must strictly adhere to certain rules. Thus, the Labor Code specifies the number and regulatory width of means of escape based on the "normal" occupancy of the company's workplaces. The employer must ensure that these rules are properly observed.
Means of escape must never be obstructed and no object, merchandise, or material should impede the movement of people or reduce their width below the mandatory minimums.
Note: the presence of elevators, freight lifts, moving walkways, or escalators cannot justify a reduction in the number and width of means of escape.
Doors must meet the following characteristics:
- Doors likely to be used for the evacuation of more than fifty people must open in the direction of exit;
- Doors that are part of the regulatory means of escape must open with a simple operation;
- Any locked door must be operable from the inside, opening with a simple, keyless action.
Staircases must extend all the way to the evacuation level leading outside. Their walls and steps must be made of coating materials that ensure sufficient fire reaction and resistance. Furthermore, all staircases must be equipped with a handrail or a banister (on both sides for staircases at least 1.5 m wide).
Finally, the path to the nearest exit must be signposted and emergency lighting must ensure evacuation in case of normal lighting failure.
Note: The rules for the design and implementation of emergency lighting in establishments receiving workers (ERT) are set by an order dated December 14, 2011.
Fire Risks: Firefighting Equipment
The employer is required to take all necessary measures to ensure that any incipient fire can be effectively fought. To this end, fire extinguishers must be installed in sufficient numbers (at least one extinguisher per 200 m2 of floor space and per level) and maintained in good condition. They must be adapted to the specific risks that may be present (electrical risk, etc.).
Note: The Labor Code does not impose a frequency for extinguisher checks; however, manufacturers' standards recommend carrying out:
- A quarterly inspection to verify that the devices are properly in place and marked, visible, and accessible;
- A more thorough maintenance check once a year by a competent person.
If necessary, the establishment must also be equipped with fire hose reels (FHR), dry risers, wet risers, fixed automatic fire extinguishing systems, or automatic fire detection systems. The employer may also provide sand or loose earth near workstations, especially if there is no water nearby.
The devices mentioned in the previous paragraph are not mandatory, but it is up to the employer, as part of the risk assessment,to determine whether the risks warrant their installation. Otherwise, they may be held liable for breach of their safety duty.
All extinguishing systems must be clearly marked. Furthermore, the installation of an audible alarm system is mandatory for establishments with more than 50 people and/or where flammable materials are handled or used. These establishments must also establish a fire safety instruction. Other establishments are only required to establish evacuation instructions for personnel.
Please note: the fire safety instruction, when mandatory, must be prominently displayed in every room with more than 5 people or where flammable materials are handled, and in every room or passageway serving groups of rooms.
To help you draft your instructions, INRS publishes a brochure ED6230 to assist you.
To ensure their effectiveness, the employer must provide training on the use of fire extinguishing equipment, as well as periodic refresher training. Regular and periodic evacuation drills must also be conducted. The frequency of drills and tests is 6 months.
Fire risks: The requirement for a hot work permit for "hot work"
Certain types of "hot work" require the mandatory issuance of a Hot work permit. This permit is particularly mandatory for:
- Oxyacetylene welding work when performed by an external company;
- In Paris and the departments of Hauts-de-Seine, Seine-Saint-Denis, and Val-de-Marne: all welding, torch cutting, electric arc, or flame-based work not performed in a permanent workstation.
Please note: Although a hot work permit is not always mandatory, it is highly recommended to ensure operational safety. We recommend that you issue one whenever your personnel performs work that may generate sparks, involves open flames, or could create hot surfaces.
Fire Risks: Heating of Premises and Storage of Flammable Materials
The use of liquid fuels with a flash point below 55°C is strictly prohibited. Furthermore, employers must ensure that heating appliances are installed in a way that prevents them from igniting nearby materials or objects, as well as employees' clothing.
Piping used to transport combustible liquids or gases to heating appliances must be entirely metallic and assembled by welding. The use of lead pipes is strictly prohibited.
Finally, the supply circuits for installations must include an emergency shut-off device for the power supply to all appliances. This device must be operable from an accessible and clearly marked location.
Regarding the storage and handling of flammable materials, no ignition source must be present in storage areas and these areas must be properly ventilated. Smoking is strictly prohibited in shared premises and in open-air storage areas for flammable materials. This prohibition must be clearly displayed.
General note on workplace fire prevention: regarding all the regulations stated above, the brochure ED990 from INRS offers very useful assistance.
Fire risk prevention: specific regulations
Beyond the general provisions of the Labor Code, you may also be subject to specific regulations depending on the nature of your activity. This is particularly true if your establishment falls under the legislation for classified facilities (ICPE), public access buildings (ERP), or high-rise buildings (IGH).
Classified facilities for environmental protection (ICPE)
If your establishment contains one or more classified facility(ies), you must also ensure compliance with the provisions of Book V of the Environmental Code, in addition to the provisions of the Labor Code. Furthermore, ministerial decrees for ICPE categories generally include specific provisions regarding fire prevention and safety.
Public access buildings (ERP)
Public access buildings (ERP) must comply, in addition to the provisions of the Labor Code, with the provisions of thedecree of June 25, 1980, approving the general provisions of the safety regulations against fire and panic risks in ERPs.
The case of high-rise buildings (IGH)
Buildings falling under the legislation for high-rise buildings (IGH) are subject to the provisions of thedecree of December 30, 2011, establishing safety regulations for the construction of IGHs and their protection against fire and panic risks.
Photo credit: Tak Kei Wong