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Introduction to Fire Safety Management

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<strong>Introduction</strong> <strong>to</strong> <strong>Fire</strong> <strong>Safety</strong> <strong>Management</strong><br />

After grinding the damaged area of the lining, the<br />

employee had <strong>to</strong> clean it down with ace<strong>to</strong>ne before<br />

applying a fi breglass matting patch with resin. Ace<strong>to</strong>ne<br />

is a volatile liquid that gives off highly fl ammable vapour.<br />

The ace<strong>to</strong>ne was an old paint bucket which he had<br />

found in a refuse bin. While he was applying the ace<strong>to</strong>ne<br />

with a brush, the light bulb broke. Some of the liquid<br />

had probably dripped on<strong>to</strong> it. As the ace<strong>to</strong>ne was in an<br />

open bucket there was a signifi cant amount of vapour in<br />

the tank.<br />

The broken bulb caused a fl ash fi re as a result of<br />

which the contrac<strong>to</strong>r was badly burned.<br />

The chemical company argued that the specialist<br />

contrac<strong>to</strong>r was in effect responsible in law for the injury<br />

<strong>to</strong> their own employee as the work was outside their<br />

own ‘undertaking’ and that the chemical company had<br />

in fact undertaken an appropriate level of selection and<br />

management of contrac<strong>to</strong>rs and therefore could not be<br />

held liable.<br />

56<br />

Electrical<br />

Contrac<strong>to</strong>r<br />

<strong>Fire</strong> Alarm &<br />

Detection<br />

Contrac<strong>to</strong>r<br />

Sprinkler<br />

System<br />

Contrac<strong>to</strong>r<br />

Principal<br />

Contrac<strong>to</strong>r<br />

Figure 3.14 Development and fl ow of health and safety fi le<br />

CDM<br />

Coordina<strong>to</strong>r<br />

New<br />

Owner<br />

Client<br />

<strong>Fire</strong> Log Book<br />

Operations & Maintenance<br />

Manual<br />

This was countered by the HSE who argued that an<br />

employer is responsible for the safety of contrac<strong>to</strong>rs if<br />

the contrac<strong>to</strong>r is engaged in work as part of the employer’s<br />

‘undertaking’.<br />

On appeal, the court established the precedent that,<br />

if a company, in the course of its undertaking (which it<br />

was found in this case), creates a risk <strong>to</strong> contrac<strong>to</strong>rs or<br />

members of the public, it has a duty <strong>to</strong> reduce those<br />

risks <strong>to</strong> the lowest level reasonably practicable. In this<br />

case, the court found that the chemical company had<br />

failed <strong>to</strong> discharge this duty and that they, as well as the<br />

specialist contrac<strong>to</strong>r, were in breach of their duty of care.<br />

The company was fi ned a substantial sum, there was<br />

also signifi cant and ongoing damage <strong>to</strong> its corporate<br />

reputation from such a high profi le case.<br />

In addition, the contrac<strong>to</strong>r’s employee was seriously<br />

injured. This might have been avoided if the company<br />

had accepted their full responsibility and looked beyond<br />

its own staff in terms of the application of health and<br />

safety procedures.

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