FireNet Community
FIRE SERVICE AND GENERAL FIRE SAFETY TOPICS => Fire Safety => Topic started by: crusty on April 30, 2005, 11:08:35 AM
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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
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Management of Health and Safety at Work Regulations 1999, Regulation 3.
Answer complete!
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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
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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.
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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.
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Its not daft WEE B. There is lots of legislation that is not an offence to breach, but which leads to further action potential.
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Colin - its nice to see you are happy with the way our civil service legislators set things up.
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I am ambivalent to be honest.
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id give my right arm to be ambivalent ( i think thats right?)
dave bev
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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.)
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so long as the left wing doesnt go walkabout the world will be safe!
dave bev
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With your members out there serving and protecting, how could the World be otherwise.