Health and Safety Update (July 2009)

Shell Fined £300,000 for Fire Regulation Breaches

The London Fire Brigade has prosecuted Shell International Ltd after two small fires occurred in three weeks at the Shell Centre in York Road, London. The company was fined £300,000 and ordered to pay costs of £45,000 after pleading guilty to serious breaches of the Regulatory Reform (Fire Safety) Order 2005 (RRO). This is the largest fine imposed under the RRO to date.

As a consequence of the fires, inspections were undertaken in January 2007. The officers carrying out the inspections discovered extensive breaches of the RRO, including blocked escape routes and fire exits, defective fire doors and excessive fire loading. Due to refurbishment work in the upper floors of the building, the fire loading in the Shell Tower had increased drastically.

The deficiencies were such that the London Fire Brigade served a prohibition notice on Shell, restricting the use of the Shell Tower and basement levels. The effect of this was that only those people working to directly address the fire safety deficiencies identified were allowed to enter the parts of the building concerned. Access for other employees and members of the public was forbidden until the affected areas were considered to have been rendered safe. A further inspection was carried out and the prohibition notice was lifted when it was found that the safety defects had been corrected.

In the course of the investigation, it came to light that Shell's own fire risk assessment had not been reviewed or updated since March 2003. The assessment undertaken back then had revealed some of the same failings that were observed during the 2007 inspection. Fire risk assessments should be regularly reviewed as risks may change over time. On average, they are likely to be updated on a yearly basis.