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Introduction to Fire Safety Management

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5.2.6 Risk control systems (RCS)<br />

These are arrangements that ensure that risk controls<br />

(workplace precautions) are implemented and maintained.<br />

For example: the provision for ensuring that an<br />

adequate level of supervision is maintained during work<br />

processes; a system for planned preventive main tenance<br />

for work equipment and specifi c safety systems; and<br />

establishing a programme of inspections and audits for<br />

buildings, sites and workplaces.<br />

5.3 Risk assessment and the law<br />

The HSWA requires employers <strong>to</strong> understand ‘the risks<br />

inherent with their work’ <strong>to</strong> ensure that they keep their<br />

employees and others who may be affected by their<br />

work activities safe, so far as is reasonably practicable.<br />

The RRFSO and the MHSW Regulations enhance<br />

and indeed make more specifi c the requirements and<br />

duties placed upon ‘responsible persons’ and/or employers<br />

for risk assessment.<br />

In relation <strong>to</strong> fi re, the responsible person, in addition<br />

<strong>to</strong> other duties, must make a suitable and suffi cient<br />

assessment of the risks <strong>to</strong> which relevant persons are<br />

exposed in order <strong>to</strong> identify the general fi re precautions<br />

that are required <strong>to</strong> comply with the requirements and<br />

prohibitions imposed by the Order.<br />

The Order also identifi es requirements relating <strong>to</strong><br />

assessing the risks arising from the presence of dangerous<br />

substances (see Chapter 14) and risks in relation <strong>to</strong><br />

young persons.<br />

Figure 5.3 The responsible person and/or the employers<br />

must conduct an assessment of the risks in the workplace<br />

Principles of risk assessment<br />

Under the MHSW Regulations every employer has<br />

an ‘absolute’ legal duty <strong>to</strong> ‘make a suitable and suffi cient<br />

assessment of the risks’ <strong>to</strong> the health and safety of:<br />

➤ His employees <strong>to</strong> which they are exposed while they<br />

are at work<br />

➤ To persons not in his employment, arising out of or<br />

in connection with his activities.<br />

The requirement <strong>to</strong> conduct suitable and suffi cient risk<br />

assessments placed upon employers is extended <strong>to</strong><br />

self-employed persons, who have an absolute legal duty<br />

<strong>to</strong> assess the risks <strong>to</strong> their own health and other persons<br />

who may be affected by their work activities.<br />

The MHSW ACoP indicates that, in practice, the<br />

term ‘suitable and suffi cient’ requires employers, the<br />

self-employed and responsible persons <strong>to</strong>:<br />

➤ Identify the risks arising or connected with their<br />

work clearly differentiating between the signifi cant<br />

risks and the insignifi cant risks (trivial)<br />

➤ Prioritise the necessary control measures <strong>to</strong> comply<br />

with the law<br />

➤ Take reasonable steps <strong>to</strong> assist themselves in identifying<br />

risks, including those that they could reasonably<br />

be expected <strong>to</strong> know or foresee<br />

➤ Ensure the assessment is appropriate <strong>to</strong> the nature<br />

of their work<br />

➤ Identify a period of time for which the assessment is<br />

likely <strong>to</strong> remain valid.<br />

The HSE provide guidance for employers and<br />

the self-employed on how <strong>to</strong> conduct risk<br />

assessment in which they identify the following<br />

fi ve key steps <strong>to</strong> risk assessment:<br />

1. Identify the hazards associated with a<br />

work activity<br />

2. Identify persons who may be at risk<br />

3. Evaluate the risks and existing control<br />

measures<br />

4. Record the fi ndings<br />

5. Review when necessary.<br />

While the MHSW Regulations are the umbrella under<br />

which risk assessments are required by law, many other<br />

pieces of legislation also require the completion of risk<br />

assessments. Detailed below is a list of such regulations.<br />

➤ The Noise at Work Regulations 2005<br />

➤ Manual Handling Operations Regulations 1992*<br />

85

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