Fire Safety Training in Dublin: Employer Duties in Ireland

Fire safety training in Ireland sits on two separate legal foundations: fire services legislation, which places duties on whoever controls premises, and workplace safety legislation, which requires employers to plan for emergencies and train staff. If you manage a workplace in Dublin, both matter. For a general introduction to what staff fire training usually covers, see our fire safety training workplace guide; this article looks at what the official sources say about the duties behind it.

The law is national rather than Dublin-specific, and, according to a Dublin City Council page, fire authorities can inspect existing buildings and enforce fire prevention and safety measures. The points below are drawn only from pages we opened: the Irish Statute Book, the Revised Acts site, Citizens Information, a Department of Housing guide and a Dublin City Council page.

The duty on the person in control of premises

Section 18 of the Fire Services Act 1981 deals with general obligations on fire safety. As originally enacted, subsection (2) made it the duty of every person having control over premises to which the section applies "to take all reasonable measures to guard against the outbreak of fire on such premises" and to ensure, as far as is reasonably practicable, the safety of persons on the premises in the event of an outbreak of fire.

The Fire Services (Amendment) Act 2003 changed this. Section 29 of the 2003 Act, as read on the Irish Statute Book, replaces subsection (2) so that the person having control must:

• take all reasonable measures to guard against the outbreak of fire;
• provide reasonable fire safety measures for the premises and "prepare and provide appropriate fire safety procedures" for ensuring the safety of persons on the premises;
• ensure that those measures and procedures are applied at all times; and
• ensure, as far as is reasonably practicable, the safety of persons on the premises in the event of an outbreak of fire, whether or not an outbreak has occurred.

The same section of the 2003 Act also adds "any workplace" to the kinds of premises listed in section 18(1)(f). The 1981 Act as enacted already covered premises used for purposes such as instruction, teaching, training, entertainment and public access, so many workplaces may have been within scope in any case. Whether your premises fall within section 18 is a question to confirm for your own building.

Duties on everyone present

Section 18(3) of the 1981 Act is easy to overlook. It makes it the duty of every person on covered premises to conduct themselves so that, as far as is reasonably practicable, nobody on the premises is exposed to danger from fire as a result of their acts or omissions. Employees therefore have a duty of their own. In our view, staff briefings help them meet it, but section 18(3) itself does not require briefings.

Where training comes in: the 2005 Act

The fire services provisions quoted above do not use the word "training". The explicit training duty comes from the Safety, Health and Welfare at Work Act 2005. Section 8(2)(g), as read on the Irish Statute Book, extends the employer's duty to providing the information, instruction, training and supervision necessary for employees' safety, health and welfare. Section 8(2)(j) covers preparing and revising "adequate plans and procedures" to be followed, and measures to be taken, in an emergency or serious and imminent danger.

Section 10, as read on the Revised Acts page, adds that training must be given on recruitment, on a change of task, and when new work equipment or systems are introduced, and that it must be updated for new or changed risks and, as appropriate, repeated periodically. It must be delivered in a form, manner and, where appropriate, language reasonably likely to be understood. Citizens Information (page last edited 25 August 2022) also says employers must provide instruction and training on health and safety.

The safety statement and emergency plans

Section 20 of the 2005 Act requires a safety statement. As read on the Irish Statute Book, it must specify, among other things, the hazards identified and risks assessed, the protective and preventive measures taken, and the plans and procedures for emergencies or serious and imminent danger. Employees must be made aware of the statement at least once a year and after any amendment, and newly recruited employees must be made aware of it when they start. It must be reviewed after a significant change or if it is no longer valid.

In practice this links fire planning to the rest of your health and safety paperwork: the emergency plan is part of what the statement records, and the induction of a new starter is a statutory moment to bring it to their attention. Our guide to workplace first aid training covers a neighbouring emergency topic.

What the Department of Housing guide adds

The Department of Housing, Local Government and Heritage published the Fire Safety Guide for Building Owners and Operators in March 2022. It says its recommendations are "advisory only and are not statutory requirements", so treat it as guidance rather than law. Within that limit, it recommends:

• a predetermined emergency plan covering raising the alarm, calling the fire brigade, evacuation (including people with special needs), assembly points and accounting for everyone present;
• comprehensive instruction and training for all staff, including part-time and temporary staff, on topics such as fire prevention, alarm response, evacuation, escape routes and fire-fighting equipment;
• fire drills, each of which is reviewed afterwards and recorded; and
• a Fire Safety Register kept on the premises, recording checks, maintenance, training, drills, incidents and false alarms.

The guide also notes that responsibility may be shared between owners, tenants and management companies, and suggests the lease or contract should say who is responsible for what. That is a point worth checking if you rent part of a shared building in Dublin.

Enforcement powers

The 2003 amendments give fire authorities powers through "authorised persons", who may give fire safety advice, require a fire safety assessment to be carried out and notified to the fire authority, specify works, issue written warnings, and enter and inspect premises at reasonable times. We have not covered penalties because we did not read the relevant provisions.

A practical approach

These are our suggestions, not legal requirements:

• Confirm who is the person in control for each part of your building and write it down.
• Make sure your emergency plan matches your real layout, headcount and any staff or visitors who need assistance.
• Put fire briefing into induction, and repeat it when layouts, equipment or occupancy change.
• Record drills and training dates so you can show what was done.

Learnsignal's offices are off Baggot Street in Dublin, and we offer in-person training from there. For current details, see our CPD pages.

Frequently asked questions

Does the law say how often fire training must be repeated?

The pages we read do not set an interval for fire training. Section 10 of the 2005 Act says training must be repeated periodically as appropriate, and the Department of Housing guide recommends fire drills (each reviewed and recorded) but, being advisory, sets no legal frequency.

Who is responsible for fire safety in a shared building?

Section 18(2) places the duty on the person having control over the premises. The Department of Housing guide notes that responsibility can be shared among owners, tenants and management companies and suggests the lease or contract should make the allocation clear.

Is a fire safety register mandatory?

The guide says a Fire Safety Register "should be maintained" where section 18(1) applies, but it describes itself as advisory only. We did not find a statutory requirement for it on the pages we read.

Is a fire safety course certificate required by law?

None of the legislation pages we read names a particular certificate or course. They require appropriate measures, procedures and adequate information, instruction and training.

Do employees have fire safety duties too?

Yes. Section 18(3) of the 1981 Act places a duty on every person on covered premises to avoid exposing others to danger from fire through their acts or omissions.

Check the primary sources for your own premises, since the answers depend on how section 18 applies to your building.