Hannah Eales, Partner and Kathryn Sheridan, Senior Associate, at law firm Kingsley Napley, provide an overview of what risks to look out for with lithium-ion batteries – and the necessary compliance.
It would be difficult not to have heard about the rapid rise of lithium-ion battery fires in recent times. These rechargeable batteries – used to charge up our smart phones, laptops, e-scooters, e-bikes and various other electrical devices- have been thrown into the spotlight due to the spate of fires caused by these batteries when they become damaged, over-heated or begin to fail.
The issue is a global one with major news reports concerning these battery fires being reported in Australia, South Korea, the United States, as well as at home.
Why are they causing such a problem?
Well, these batteries are perfectly safe during normal use but when they’re over-used, damaged, sub-merged in water or over-charged – the results can be disastrous.
The batteries are sensitive to high temperatures and are extremely flammable, resulting in ferocious fires erupting in seconds- posing unique challenges for firefighters as the fires reach extreme temperatures and are notoriously difficult to extinguish.
Why is this relevant to construction sites?
The short answer is that these batteries are used to charge so many of our everyday appliances that their presence on construction sites is becoming more and more commonplace.
Responsible Persons for such sites – who have a legal duty under the Regulatory Reform (Fire Safety) Order 2005 to provide and maintain adequate fire precautions- are advised to start incorporating the consideration of lithium-ion batteries into their risk assessments. Moreover, the Construction (Design and Management) Regulations 2015 specifically require that suitable and sufficient steps should be taken to prevent, so far as is reasonably practicable, the risk of injury to a person during the carrying out of construction work arising from fire or explosion.
Common-sense approach
Kathryn Sheridan at Kingsley Napley
Adopting a common-sense approach to the risks posed by lithium-ion batteries is a sensible place to start. The London Fire Brigade (“LFB”) has issued safety advice which provides a number of suggestions on how to guard against the risks posed by these lithium-ion battery related fires which includes:
- Storing lithium-ion batteries in a cool, dry place away from flammable materials and direct sunlight;
- Recycling damaged or swollen batteries at designated recycling points;
- Always using the charger that was supplied with the device or recommended by the manufacturer;
- Not over-charging the battery – using a charger that automatically shuts off or has a timer;
- Never leaving batteries unattended and not charging them overnight;
- If a battery shows signs of swelling, overheating, or emitting smoke, safely removing it and reporting it to the appropriate authorities.
Aside from taking these sensible precautions, the Responsible Person’s approach to their risk assessment should be holistic, considering the surroundings of the construction site itself. Working smoke alarms, fire extinguishers that are visible and accessible and not storing or charging lithium-ion batteries next to exits / entrances is also fundamental.
Hannah Eales at Kingsley Napley
As is ensuring there are clear signposted escape routes, fire assembly points and regular drills and training in place. This is particularly important if the construction site in question has a large and changing workforce as all workers will need to be familiar with the basics of ensuring fire safety as well as the particular risks posed by these batteries.
What is clear is that the risks posed by damaged or overheated batteries of this type should not be under-estimated. Compliance with the legislation in this regard is essential – not only to protect yourself and your business but to ensure the safety and well-being of your staff and visitors.
Kingsley Napley LLP has an experienced and vastly knowledgeable Fire Safety team. If you are in any doubt as to your obligations then seek advice.
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Well, these batteries are perfectly safe during normal use but when they’re over-used, damaged, sub-merged in water or over-charged – the results can be disastrous.
