Introduction to Fire Safety Management

If a prosecution is brought for a breach of health and
safety law and it is proved that you did not follow the
relevant ACoP you will need to show that your alternative
method has enabled compliance with the law in some
other way.
As an example, the Provision and Use of
Work Equipment Regulations 1998 require
that all persons who use work equipment
have received adequate training for the purposes
of health and safety. This is then interpreted
by the ACoP, which states that in the
case of chainsaw users this training would be
supported by a certifi cate of competence or
national competence award unless they are
undergoing training and are adequately supervised.
An ACoP helps the reader to understand
the requirements of the law to which it
applies. Following ACoPs will ensure the law
is complied with.
Guidance notes
Guidance notes are issued by governmental bodies such
as the HSC HSE or HM Government as opinions on good
practice. An example of a fi re safety guidance note would
be Fire Safety Risk Assessment. This guide explains in
plain language what the reader must do to comply with
the law. The guides are not legally binding unlike ACoP
but they may be referred to in court as establishing a
minimum standard.
Figure 1.8 Guidance notes
Fire safety foundations
However, following guidance will normally ensure
that the relevant law is being complied with.
European Union/British Standard (EU/BS) and
Industry Guidance
EU/BS standards contain detailed information on the
specifi c standards for complying with health and safety
and fi re safety requirements, e.g. BS 5839 Part 1 – Fire
Detection and Fire Alarm Systems for Buildings. Although
compliance with EU/BS standards should assist to
ensure legal compliance, this cannot be relied on as a
defence in a court of law.
Industry guidance, such as SG4:05 – Preventing
Falls in Scaffolding in False Work produced by the
National Access and Scaffolding Federation, is simply
regarded as best practice in that industry and has no
formal legal status.
The relationship between Acts, regulations, Orders,
ACoPs and guidance notes is illustrated in Figure 1.9.
Legal standards
In law some requirements placed upon employers and
employees are more stringent than others. It is necessary
to distinguish between:
➤ Absolute duties
➤ The duty to do what is practicable
➤ The duty to take steps that are reasonably
practicable.
Act
Regulations
ACoPs
Guidance Notes
EU/BS Standards
Industry Guidance
Statute law –
failure to comply
is an offence
Can be used as
evidence of
minimum legal
standard
HSE opinion on
good practice
No legal status
Trade advice
and best practice
only
Figure 1.9 Acts, Regulations, Orders, ACoPs and guidance
notes
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