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FIRE SERVICE AND GENERAL FIRE SAFETY TOPICS => Fire Safety => Topic started by: crusty on April 30, 2005, 11:08:35 AM

Title: Fire precautions (workplace) regs
Post by: crusty on April 30, 2005, 11:08:35 AM
A question for inspecting officer really. Very simple but I would like to ask it anyway.

If someone fails to complete a fire risk assessment, under what regulation would you enforce them to do it?

I.e what regulation are you going quote in your enforcement letter.

see I told you it was a simple question.

thanks
Title: Fire precautions (workplace) regs
Post by: Brian Downes on April 30, 2005, 11:19:43 AM
Management of Health and Safety at Work Regulations 1999, Regulation 3.
Answer complete!
Title: Fire precautions (workplace) regs
Post by: Brian Downes on April 30, 2005, 11:32:03 AM
Should also have said that the 99 management regs require the risk assessment tio be carried out, but the enforcement notice would be served under section 13 of the 1997 WFPL Regs.
Many Fire Brigades have standard forms for this purpose, probably not often used!
I suggest trying to get hold of one
Title: Fire precautions (workplace) regs
Post by: crusty on April 30, 2005, 12:45:38 PM
Thanks.

I take it then Serious case: Enforcent notices  13.(1) applies?

Are you saying that this is an enforcement issue. I know some brigades would give a "written opion". Would this not be the way.

Some brigades would issue a letter using Regulation 8 management ( nice one to defend in court) i think these letters are still being issed by ineforcing authorities!

But to clear it up  a letter in the first inst would be.

Regulation 3  (Application of Part II)

not Regulation 8 ( Dead now).

thanks for clearing things up.
Title: Fire precautions (workplace) regs
Post by: wee brian on May 01, 2005, 05:24:41 PM
Guys - its not quite as simple as you think.

Just because a regulations says you have to do somethingthat doesnt mean that not doing it is an offence.

You need to specifically identify what constitutes an offence in the legislation (or in another piece) in order to make it enforceable.

I know its sounds daft but there it is.
Title: Fire precautions (workplace) regs
Post by: colin todd on May 02, 2005, 01:07:42 AM
Its not daft WEE B. There is lots of legislation that is not an offence to breach, but which leads to further action potential.
Title: Fire precautions (workplace) regs
Post by: wee brian on May 03, 2005, 01:59:55 PM
Colin - its nice to see you are happy with the way our civil service legislators set things up.
Title: Fire precautions (workplace) regs
Post by: colin todd on May 05, 2005, 11:51:04 PM
I am ambivalent to be honest.
Title: Fire precautions (workplace) regs
Post by: dave bev on May 06, 2005, 12:46:58 PM
id give my right arm to be ambivalent ( i think thats right?)

dave bev
Title: Fire precautions (workplace) regs
Post by: colin todd on May 06, 2005, 04:19:24 PM
Davey, They dont let you out on eyesight nowadays, but I think that they would notice a missing right arm. Then the ratepayers of Essex would be the worse off for not having you to fight their fires. (Oh but then you don't do you.)
Title: Fire precautions (workplace) regs
Post by: dave bev on May 06, 2005, 04:32:10 PM
so long as the left wing doesnt go walkabout the world will be safe!

dave bev
Title: Fire precautions (workplace) regs
Post by: colin todd on May 07, 2005, 03:54:01 PM
With your members out there serving and protecting, how could the World be otherwise.