Every time a contractor enters your premises, they bring with them a set of risks that you may not have anticipated and that your existing fire safety arrangements may not have been designed to manage.
They bring unfamiliar equipment, unfamiliar working practices, and an unfamiliarity with your building that can turn a routine maintenance visit into a serious fire incident.
They may work in areas of your building that are rarely accessed, disturbing materials and creating ignition risks that would not arise in the course of normal business operations.
And when they leave, they may leave behind conditions that you are unaware of and that have the potential to develop into a fire hours or even days later.
Contractor management is not a peripheral concern in fire safety.
It is one of the most important and most frequently underestimated elements of a comprehensive fire safety management system.
What Do We Mean by Contractor Management?
Contractor management in the context of fire safety means the systems, procedures, and controls that a Responsible Person puts in place to ensure that contractors working on their premises do not create or exacerbate fire risks, and that they understand and comply with the fire safety requirements of the building.
It encompasses the vetting of contractors before they are appointed, the provision of fire safety information before work begins, the management of high-risk activities such as hot works through permit-to-work systems, the supervision and monitoring of contractor activity during the works, and the review and close-out of the works on completion.
It applies to all contractors, not just those carrying out obviously high-risk activities such as welding or roofing works.
A cleaning contractor who uses flammable chemicals without adequate ventilation, an IT contractor who overloads electrical circuits with temporary equipment, a decorator who leaves combustible materials piled near a heat source, or a delivery operative who props open a fire door for convenience can each create significant fire risks without any of the obvious warning signs associated with hot works.
What Does the Law Require?
The legal framework for contractor management in the context of fire safety is clear and well-established.
Under Article 9 of the Regulatory Reform (Fire Safety) Order 2005 (SI 2005/1541), the Responsible Person is required to carry out a suitable and sufficient fire risk assessment that identifies all hazards, including those arising from contractor activities.
Under Article 11 of the RRO, the Responsible Person must implement and maintain appropriate fire safety arrangements that address the risks identified in the assessment, including risks arising from contractor activity.
Under Article 22 of the RRO, where two or more Responsible Persons share a workplace or building, they are required to cooperate and coordinate with each other to ensure that fire safety obligations are met.
This is particularly relevant where a building is managed by one party and occupied by another, or where multiple contractors are working simultaneously.
The Management of Health and Safety at Work Regulations 1999 (SI 1999/3242) place additional requirements on employers in relation to contractor management.
Regulation 11 requires that employers sharing a workplace with contractors provide those contractors with comprehensible and relevant information about the risks to their health and safety arising from the premises and its activities, and about the emergency procedures in place.
Regulation 12 requires that employers take into account the capabilities of contractors when allocating work to them, and satisfy themselves that contractors are competent to carry out the work safely.
The Construction (Design and Management) Regulations 2015 (SI 2015/51) impose further duties on clients, principal designers, and principal contractors involved in construction or refurbishment projects, including duties around the management of fire safety risks during the works.
For projects that are notifiable under the CDM Regulations, a principal contractor must be appointed with overall responsibility for managing health and safety on site, including fire safety, and must produce a construction phase plan that addresses fire safety risks and control measures.
The Risk Profile of Contractor Activity
To understand why contractor management matters so much for fire safety, it helps to think about the specific ways in which contractor activity can increase the risk of fire.
Contractors introduce ignition sources that are not normally present in the building.
Welding, cutting, grinding, brazing, and the use of blowtorches and heat guns are among the most obvious examples, but electrical work, plumbing, and even the use of certain adhesives and solvents can also create significant ignition risks.
Contractors disturb the building fabric in ways that can compromise compartmentation and fire separation.
Breaking through walls, floors, and ceilings to run new services creates openings that can allow fire and smoke to spread between compartments unless they are promptly and properly reinstated.
Removing and replacing ceiling tiles, floor coverings, and other finishes can expose hidden voids that create pathways for fire spread.
And drilling, cutting, and fixing into structural elements can damage fire protection measures that are not visible and may not be reinstated correctly.
Contractors bring materials onto site that add to the fire load of the building.
Timber, packaging materials, adhesives, solvents, and other combustible materials used during works can significantly increase the fire load in affected areas, particularly if they are stored carelessly or left in place at the end of the working day.
Contractors can inadvertently interfere with fire safety systems.
Isolating smoke detectors to prevent false alarms during dusty or smoky work, disconnecting fire alarm panels during electrical works, or obstructing sprinkler heads are all examples of actions that can leave a building without adequate fire protection during a period when the fire risk is elevated.
And contractors can compromise means of escape.
Propping fire doors open for convenience, storing materials in corridors and stairwells, and obstructing emergency exits are all common occurrences during building works that can have serious consequences in the event of a fire.
Contractor Vetting
The first element of effective contractor management is ensuring that the contractors you appoint are competent to carry out the work safely.
For most types of contractor work, this means checking that the contractor holds relevant qualifications and accreditations for the work to be carried out.
For gas work, it means confirming that the contractor is registered with the Gas Safe Register, as required by the Gas Safety (Installation and Use) Regulations 1998 (SI 1998/2451).
For electrical work, it means confirming that the contractor is registered with a competent persons scheme such as NICEIC or NAPIT, or that the work will be subject to building control inspection and approval.
For asbestos work, it means confirming that the contractor holds the appropriate Health and Safety Executive licence, as required by the Control of Asbestos Regulations 2012 (SI 2012/632).
For specialist work such as welding, brazing, or the installation of fire protection systems, it means checking that operatives hold relevant industry qualifications and that the contractor has relevant experience of working in the type of premises concerned.
Beyond technical qualifications, contractor vetting should include checking that the contractor holds adequate public liability and employers liability insurance, that they have a health and safety policy appropriate to the scale and nature of their work, and that they have a track record of working safely in similar environments.
For larger or more complex projects, it may be appropriate to use a formal contractor pre-qualification process, asking contractors to complete a health and safety questionnaire and provide evidence of their competence and safety record before they are approved to work on the premises.
Contractor Induction
Before any contractor begins work on your premises, they must receive a site-specific induction that covers the fire safety information they need to work safely.
The induction must be comprehensive, clearly communicated, and documented.
It must cover the specific fire risks present in the building, including any hazardous materials, areas of elevated fire risk, and any fire safety vulnerabilities that the contractor’s work may interact with.
It must cover the location and operation of the fire detection and alarm system, including what to do if an alarm sounds and how to raise the alarm manually.
It must cover the location of fire exits, escape routes, and the assembly point, and the evacuation procedures to be followed in the event of a fire.
It must cover the location and type of firefighting equipment available, and any restrictions on its use.
It must cover the specific fire safety requirements that apply to the contractor’s work, including any permit-to-work requirements, restrictions on the use of naked flames or heat-generating equipment, requirements for the protection or reinstatement of fire safety systems, and requirements for the storage and disposal of combustible materials.
And it must cover the arrangements for reporting fire safety concerns, near misses, or incidents during the works.
The induction must be documented, with the contractor confirming in writing that they have received and understood the information provided.
For contractors who are on site regularly, the induction should be refreshed at appropriate intervals and whenever significant changes are made to the building or its fire safety arrangements.
Managing Fire Safety During the Works
Contractor induction and pre-work vetting are necessary but not sufficient.
Active management of fire safety during the works is essential to ensure that the risks are being effectively controlled in practice and not just on paper.
The Responsible Person should appoint a competent person to act as the site contact for fire safety during the works, with the authority to challenge contractors who are not following the agreed procedures and to stop work if a fire safety risk is identified.
Regular inspections should be carried out during the course of the works to check that fire exits and escape routes are clear and unobstructed, that fire doors are not being propped open, that combustible materials are not being stored in inappropriate locations, that fire safety systems have not been interfered with, and that any permit-to-work requirements are being complied with.
Any deviations from the agreed procedures must be addressed immediately and documented.
Where a contractor repeatedly fails to comply with fire safety requirements, or where a serious non-compliance is identified, the Responsible Person must be prepared to stop the works until the situation is resolved.
The fire risk assessment for the premises should be reviewed before major works commence to assess the impact of the works on the existing fire safety arrangements, and updated as the works progress if new risks are identified.
For larger projects, a specific fire safety plan for the construction phase may be required, setting out how fire safety will be managed throughout the duration of the works and how the interface between the works and the occupied parts of the building will be managed safely.
Reinstating Fire Safety Systems and Measures
One of the most frequently overlooked aspects of contractor management is ensuring that fire safety systems and measures that have been interfered with during the works are fully reinstated before the building is returned to normal use.
This includes fire detection and alarm systems, where any detectors that have been isolated during the works must be reconnected and tested before the building is reoccupied.
It includes compartmentation measures, where any openings made through walls, floors, or ceilings must be properly fire-stopped before the affected area is returned to use.
It includes fire doors, where any doors that have been removed, damaged, or modified during the works must be reinstated or replaced in full compliance with the relevant standards.
It includes emergency lighting, where any luminaires that have been disconnected or obscured during the works must be reinstated and tested.
And it includes escape routes, where any routes that have been obstructed or modified during the works must be cleared and confirmed as fully operational before the building is reoccupied.
The reinstatement of fire safety measures should be confirmed in writing as part of the works close-out process, and the fire risk assessment should be reviewed and updated following completion of the works to reflect any changes to the building and its fire safety arrangements.
Building a Contractor Management Culture
Effective contractor management is ultimately a matter of organisational culture as much as procedure.
Organisations in which fire safety is taken seriously, in which contractors are expected to meet high standards, and in which non-compliance is challenged and addressed promptly, are significantly less likely to suffer a serious fire caused by contractor activity.
Building that culture requires a clear and documented contractor management policy, adequate training for those responsible for managing contractors on site, consistent application of the policy across all contractors and all types of work, and a genuine commitment from senior management to maintaining fire safety standards even when the pressures of time and cost make it tempting to cut corners.
It also requires a recognition that the Responsible Person cannot delegate away their fire safety obligations by appointing a contractor.
The contractor has their own legal duties under health and safety legislation, and they must be held to account for meeting those duties.
But the Responsible Person retains their obligations under the RRO regardless of who is carrying out the work, and they must ensure that the systems and controls are in place to manage the risks that contractor activity creates.
How We Can Help
At ESI: Fire Safety, we work with building owners, facilities managers, and Responsible Persons to develop robust contractor management frameworks as part of a comprehensive approach to fire safety management.
From fire risk assessments that properly address the risks of contractor activity, through to contractor management policies, induction documentation, permit-to-work systems, and staff training, we provide the expertise and support you need to manage contractor fire safety effectively and in full compliance with your legal obligations.
If you are concerned about the adequacy of your current contractor management arrangements, or if you are planning a programme of works and want to ensure that fire safety is properly managed throughout, get in touch with our team today.
Further Reading and Key Legislation:
Regulatory Reform (Fire Safety) Order 2005 (SI 2005/1541): https://www.legislation.gov.uk/uksi/2005/1541/contents/made
Management of Health and Safety at Work Regulations 1999 (SI 1999/3242): https://www.legislation.gov.uk/uksi/1999/3242/contents/made
Construction (Design and Management) Regulations 2015 (SI 2015/51): https://www.legislation.gov.uk/uksi/2015/51/contents/made
Gas Safety (Installation and Use) Regulations 1998 (SI 1998/2451): https://www.legislation.gov.uk/uksi/1998/2451/contents/made
Control of Asbestos Regulations 2012 (SI 2012/632): https://www.legislation.gov.uk/uksi/2012/632/contents/made
HSE Guidance on Permit-to-Work Systems (HSG250): https://www.hse.gov.uk/pubns/books/hsg250.htm
HSE Managing Contractors guidance: https://www.hse.gov.uk/managing/delivering/do/organising/managing-contractors.htm
HSE Fire Safety in Construction (HSG168): https://www.hse.gov.uk/pubns/books/hsg168.htm
National Fire Chiefs Council fire safety guidance: https://nfcc.org.uk
This post is intended as a general guide. Always seek advice from a qualified fire safety or legal professional for guidance specific to your premises and circumstances.
