Introduction to Fire Safety Management

Introduction to Fire Safety Management
Recent amendments are also included in the
summaries where appropriate.
The summaries provided focus upon the key areas
relevant to this publication as they relate to fi re safety
and risk management.
15.3 The Health and Safety at Work etc.
Act 1974 (HSW Act)
Often referred to as the Primary or Umbrella Act, the
HSW Act details the principal statutory duties in relation
to occupational health and safety.
Supporting regulations made under section 15 of
the HSW Act expand these duties and are referred to as
‘subordinate’ or ‘delegated’ legislation.
The HSW Act is divided into four parts:
1. Part 1 covers health, safety and welfare in connection
with work and the control of dangerous substances
and emissions into the atmosphere
2. Part 2 covers the Employment Medical Advisory
Service (EMAS)
3. Part 3 covers amendments to Building Regulations
4. Part 4 covers miscellaneous and general provisions.
Parts 2, 3 and 4 are not included in this summary.
15.3.1 General duties
The HSW Act places general duties on all those involved
with work activities including employers, the selfemployed,
persons in control of premises, employees
and manufacturers and suppliers. These general duties
are detailed in sections 2 to 9 and the penalties for
breaching the requirements are detailed in section 33.
15.3.2 Section 2 – Duty of the employer to their
employees
2 (1) General duty
The employer is required to ensure, so far as is
reasonably practicable, the health, safety and welfare at
work of their employees.
2 (2) Specifi c duties
Employers are required to:
a) Provide and maintain safe plant and systems of
work
b) Ensure safety in the use, handling, storage and
transport of articles and substances for use at work
c) Provide information, instruction, training and supervision
as necessary to ensure employee safety
d) Provide and maintain a safe place of work with safe
access and egress
346
e) Provide and maintain a safe and healthy working
environment with adequate welfare facilities.
2 (3) Requirement to have a written policy
Where the employer normally employs fi ve or more
employees, they must prepare a written statement
covering their Policy for health and safety at work
including the organisation and arrangements for Policy
implementation. The Policy must be kept up to date,
revised as necessary and brought to the attention of the
employees.
In addition to the above duties, section 2 also covers
the appointment of trade union safety representatives,
consultation with these appointees and the establishment
of a safety committee to review the employer’s
measures for ensuring the health and safety of their
employees. The Safety Representatives and Safety
Committees Regulations 1977 (SRSC Regs) expand
these particular duties and the Health and Safety
(Consultation with Employees) Regulations 1996 extend
the duty to consult to non-union represented employees
(see later summaries).
15.3.3 Section 3 – General duty of the employer
and the self-employed to other persons
Employers and the self-employed are required to carry
out their undertaking in such a way that, so far as is reasonably
practicable, they do not expose other persons
to risks to their health and safety.
15.3.4 Section 4 – General duty on persons in
control of premises
This section applies to all persons who have control of
non-domestic premises and requires that, so far as is
reasonably practicable, the premises, the access, egress
and any plant or substances provided for use there are
safe and without risks to the health of anyone using the
premises, plant or substances provided there whether
for work or not.
It should be noted that common parts of residential
premises are deemed to be non-domestic premises and
fall within this section.
15.3.5 Section 5 – Emissions
This section was repealed by the Environmental
Protection Act 1990.
15.3.6 Section 6 – General duty on
manufacturers and suppliers
Section 6 places duties on persons in relation to both
articles and substances for use at work.