Practical Law Resource ID 2-205-4165 | Not Fermi | Westlaw

The fact that twelve months have passed since the last risk assessment would not automatically mean that the assessment should be reviewed as the RRO 2005 does not specify how frequently risk assessments must be reviewed.

Nevertheless, it may be a good idea for the responsible person to make a diary note to revisit fire safety matters on an annual basis (or some other frequency, depending on the complexity of the premises and the activities carried out there), even if a decision is taken that a review is not needed.

The appointment of a new "office junior" may result in the need to review the assessment depending on the circumstances. A review would be required if the office junior is under 18 and the risk assessment does not currently take into account the risks to "young persons" (article 9(4), RRO 2005).

In terms of timing, note that the RRO 2005 requires the responsible person to carry out the review before employing a young person.

The change in legal status of the business would not, in itself, trigger the need for a review of the risk assessment unless it was accompanied by significant changes in the premises, or the special, technical and organisational measures or the organisation of the work (article 9(3)(b), RRO 2005).

Even if a review is not required, the change may affect other aspects of the fire safety procedures for the business. In particular, while the business was a partnership, it may have benefited from an exemption from the general requirement to appoint competent persons (if the criteria in article 18(7) were satisfied). The exemption would not be available to a limited company.

Starting to sell fireworks would trigger the need to review the risk assessment as it is a new work activity involving a dangerous substance (article 9(8), RRO 2005).

In terms of timing, note that the RRO 2005 requires the responsible person to carry out the review before a new work activity involving a dangerous substance is commenced.

However, stopping the sale of fireworks would not trigger the need to review the risk assessment.

As a matter of good practice, it might be sensible to bring the fire safety procedures for the property up to date once all fireworks had been removed from the premises. For example, unless the exemption in article 16(4) applied:

In practice, other dangerous substances are likely to be present at a DIY store and it may not be appropriate to change the fire safety procedures, other than those that relate specifically to risks from fireworks.

If the firm has not previously had a conference room or has not held conferences at its premises, the physical alterations to the premises (new partitioning and equipment) and the organisational changes (the potential for up to 100 visitors, who may not be familiar with the building, to be attending a conference) are likely to be considered significant. This would result in the need for the risk assessment to be reviewed in accordance with article 9(3)(b).