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Frans Bedford-Visser

Fire Safety Awareness in the Workplace: Legal Responsibilities Under the Fire (Scotland) Act 2005

Fire safety is not just a matter of good practice — in Scotland, it is a legal duty. Every year, workplace fires result in injuries, loss of life, business disruption, and significant financial damage. The Fire (Scotland) Act 2005 places clear responsibilities on employers, business owners, landlords, and those in control of non-domestic premises to protect people from the risk of fire.

This blog explains what the law requires, who is responsible, and how businesses can stay compliant while creating a safer workplace.

Why Fire Safety Awareness Matters

Fire develops rapidly and unpredictably. In a workplace environment, the consequences can be devastating:

  • Risk to life and serious injury
  • Damage or total loss of premises
  • Business interruption and financial loss
  • Criminal prosecution and enforcement action

Fire safety awareness ensures that staff know what to do, risks are reduced, and legal obligations are met.

What Is the Fire (Scotland) Act 2005?

The Fire (Scotland) Act 2005, supported by the Fire Safety (Scotland) Regulations 2006, establishes a risk-based approach to fire safety. Rather than prescriptive rules, it places responsibility on those who control premises to identify, manage, and reduce fire risks.

The legislation applies to:

  • Offices and commercial premises
  • Shops and retail units
  • Factories and warehouses
  • Care homes and healthcare settings
  • Educational establishments
  • Hospitality venues
  • Common areas of residential buildings

Who Is the “Duty Holder”?

Under the Act, the duty holder is any person who has control of the premises, including:

  • Employers
  • Business owners
  • Landlords or managing agents
  • Facilities managers
  • Self-employed persons

In many cases, more than one duty holder may exist, and responsibilities must be coordinated.

Core Legal Responsibilities for Businesses

1. Carry Out a Fire Risk Assessment

Every non-domestic premises must have a suitable and sufficient fire risk assessment. This must:

  • Identify fire hazards
  • Identify people at risk
  • Evaluate and reduce risks
  • Record findings (where required)
  • Be reviewed regularly or after significant changes

Failure to carry out a fire risk assessment is one of the most common breaches of fire safety law.

2. Implement Fire Safety Measures

Based on the risk assessment, duty holders must put appropriate controls in place, including:

  • Fire detection and alarm systems
  • Emergency lighting
  • Fire-fighting equipment (e.g. extinguishers)
  • Clear escape routes and exits
  • Fire-resistant doors and compartmentation

3. Provide Fire Safety Information and Training

The Act requires that employees receive adequate fire safety instruction, including:

  • What to do if a fire occurs
  • Evacuation procedures
  • Fire alarm response
  • Location of exits and assembly points

Additional training is required for Fire Wardens / Fire Marshals, who take on extra responsibilities during an evacuation.

4. Develop and Communicate Emergency Procedures

All workplaces must have clear emergency fire procedures, which should include:

  • Evacuation plans
  • Procedures for vulnerable persons
  • Shutdown procedures where relevant
  • Coordination with emergency services

These procedures must be communicated to all staff, including new starters and temporary workers.

5. Maintain Fire Safety Systems

Fire safety measures must be maintained in efficient working order, including:

  • Regular alarm testing
  • Emergency lighting checks
  • Fire extinguisher servicing
  • Record keeping of inspections

Enforcement and Penalties

Fire safety in Scotland is enforced by the Scottish Fire and Rescue Service (SFRS). Enforcement action may include:

  • Alteration or enforcement notices
  • Prohibition notices (closing premises)
  • Unlimited fines
  • Imprisonment in serious cases

Prosecution can occur not only after an incident, but simply for non-compliance.

The Role of Fire Safety Awareness Training

Fire Safety Awareness training helps businesses:

  • Meet legal duties under the Act
  • Reduce the likelihood of fire
  • Ensure calm, effective evacuations
  • Protect staff, customers, and visitors
  • Demonstrate due diligence

For many organisations, Fire Safety Awareness is the minimum standard, while Fire Marshal training is essential where higher risk or larger premises are involved.

Practical Steps to Stay Compliant

✔ Complete and regularly review your fire risk assessment
✔ Train staff in fire safety awareness
✔ Appoint and train Fire Wardens / Marshals
✔ Keep evacuation routes clear and signed
✔ Test and maintain all fire safety systems
✔ Keep written records

Final Thoughts

Fire safety is a shared responsibility, but legal accountability sits firmly with those who control premises. The Fire (Scotland) Act 2005 is clear: fire risks must be identified, managed, and reduced.

Investing in fire safety awareness is not just about compliance — it’s about protecting lives, safeguarding your business, and ensuring everyone goes home safely at the end of the day.

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