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Therisk of fire is a major accidental hazard in the workplace. Because of the enormous human and economic stakes involved, it is essential that employers take the full measure of the risk by implementing appropriate preventive measures. Here are the main applicable regulations.
Fire prevention: what are the employer's obligations?
The provisions of the French Labor Code concerning fire risk prevention apply both to the building owner, in the context of premises design, and to the employer-user of workplaces. In this article, we will concentrate on the rules applicable to the employer, as set out in Articles R4227-1 to R4227-57 of the French Labour Code.
Fire hazards: Rules applicable to clearances
As a reminder, a clearance is any part of a building that allows occupants to escape. Examples include doors, exits, exits, corridors and stairways.
To guarantee safe evacuation of personnel, it is imperative that all clearances comply with certain rules. The French Labor Code sets the number and width of clearances according to the "normal" number of employees on the company's premises. Employers must ensure that these rules are respected.
Clearances must never be obstructed, and no object, merchandise or material must impede the movement of people or reduce their width below the minimum required.
Please note: the existence of elevators, goods elevators, moving walkways or conveyor belts cannot justify a reduction in the number and width of clearances.
Doors must meet the following requirements:
- Doors likely to be used to evacuate more than fifty people open in the direction of exit;
- Doors forming part of the regulatory clearances are opened by a simple manoeuvre;
- All locked doors can be operated from the inside, and are opened by a simple, keyless operation.
Staircases must extend to the outside evacuation level. Their walls and treads must be made of cladding materials guaranteeing sufficient reaction and resistance to fire. In addition, all staircases must be fitted with a handrail or handrail (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 be provided to ensure evacuation in the event of failure of the normal lighting.
Please note: the rules governing the design and implementation of emergency lighting in establishments receiving workers (ERT) are set out in an order dated December 14, 2011.
Fire hazards: Firefighting resources
The employer is required to take all necessary measures to ensure that any fire can be fought effectively. To this end, fire extinguishers must be installed in sufficient numbers (at least one per 200m2 of floor space and per level) and maintained in good condition. They must be adapted to the particular risks likely to be present (electrical risk, etc.).
Please note: The French Labour Code does not stipulate how often fire extinguishers must be checked, but manufacturers' standards recommend that they be checked :
- A quarterly inspection to check that the equipment is in place and marked, visible and accessible;
- A more thorough maintenance check once a year by a competent person.
Where necessary, the site must also be equipped with fire hydrants, dry standpipes, wet standpipes, fixed sprinkler systems and automatic fire detection systems. The employer can also provide sand or loose earth near workplaces, particularly if there is no water nearby.
The devices mentioned in the previous paragraph are not compulsory, but it is up to the employer to determine, as part of the risk assessment, whether the risks justify their installation. Failure to do so may result in the employer being held liable for breach of his safety obligation.
All extinguishing systems must be marked. In addition, an audible alarm system is mandatory for establishments with more than 50 employees and/or where flammable materials are handled or used. These establishments must also draw up fire safety instructions. Other establishments are only required to draw up evacuation instructions.
Please note: fire safety instructions, when mandatory, must be prominently displayed in every room where more than 5 people are present or where flammable materials are handled, and in every room or passageway serving groups of rooms.
To help you draw up your instructions, INRS has published a brochure ED6230 to help you.
To ensure their effectiveness, employers must provide training in the use of fire-extinguishing equipment, as well as periodic refresher courses. Regular and periodic evacuation drills must also be carried out. The frequency of drills and tests is 6 months.
Fire hazards: introducing a fire permit for "hot spot" work
Certain types of work involving "hot spots" require a fire permit. This permit is mandatory for :
- Oxyacetylene welding when carried out by an outside company;
- In Paris and the departments of Hauts-de-Seine, Seine-Saint-Denis and Val-de-Marne: all welding, cutting by flashlight, electric arc or involving the use of flame not carried out in a permanent workstation.
Please note: although a fire permit is not always compulsory, it is strongly recommended to ensure safe operations. We recommend that you draw it up whenever your personnel are carrying out work that may generate sparks, involve flames or create hot surfaces.
Fire hazards: Space heating and storage of flammable materials
The use of liquid fuels with a flashpoint below 55°C is strictly prohibited. In addition, employers must ensure that heating appliances are installed in such a way as to prevent fire from spreading to nearby materials or objects, or to employees' clothing.
Pipes used to transport combustible liquids or gases to heating appliances must be made entirely of metal and assembled by welding. The use of lead pipes is strictly forbidden.
Finally, the power supply circuits of the installations must include an emergency stop device for the power supply to all devices. This device must be accessible and signposted.
With regard to the storage and handling of flammable materials, there must be no sources of ignition in storage areas, and these areas must be properly ventilated. Smoking is strictly prohibited in communal areas and in open-air storage areas for flammable materials. This prohibition must be signposted.
General note on fire prevention in the workplace: with regard to all the above regulations, the brochure ED990 from INRS is a very useful guide.
Fire prevention: specific regulations
In addition to the general provisions of the French Labor Code, you may also be subject to specific regulations depending on the nature of your business. This is particularly the case if your establishment falls under the legislation governing classified installations (ICPE), establishments open to the public (ERP) or high-rise buildings (IGH).
Installations classified for environmental protection (ICPE)
If your facility contains one or more classified installations, you must ensure that in addition to the provisions of the French Labor Code, you also comply with the provisions of Book V of the French Environmental Code. In addition, the ministerial decrees governing ICPE classifications generally lay down special provisions for fire prevention and safety.
Establishments open to the public (ERP)
In addition to the provisions of the French Labor Code, establishments open to the public (ERP) must comply with the provisions of theOrder of June 25, 1980 approving the general provisions of the safety regulations against the risks of fire and panic in ERP.
High-rise buildings (IGH)
Buildings governed by the legislation governing high-rise buildings (IGH) are subject to the provisions of theDecree of December 30, 2011 on safety regulations for the construction of IGH and their protection against the risks of fire and panic.
Photo credit: Tak Kei Wong