Introduction to Fire Safety Management

Anyone who designs, manufactures, imports or
supplies any article for use at work must:
➤ ensure, so far as is reasonably practicable, that the
article is designed and constructed so that it will be
safe and without risk to health while it is being used
(including setting, cleaning and maintenance)
➤ carry out tests or examinations as necessary to
comply with these duties
➤ provide adequate information (including any revisions)
to those supplied with the article on the safe use of
the article (including dismantling and disposal).
Anyone who erects or installs any article for use at work
must ensure, so far as is reasonably practicable, that the
article is safely erected or installed.
Anyone who manufactures, imports or supplies
substances must:
➤ ensure, so far as is reasonably practicable, that the
substance will be safe and without risks to health at
all times while it is being used, handled, processed,
stored or transported by a person at work or in a
premises covered by section 4 (above)
➤ carry out tests or examinations as necessary to
comply with these duties
➤ provide adequate information (including any revisions)
to those supplied with the substance on any
risks to health or safety posed by the substance, the
results of any testing and information about conditions
necessary to ensure the safe use of the substance
(including disposal).
15.3.7 Section 7 – General duty on employees
Employees are required to:
➤ take reasonable care for the health and safety of
themselves and other persons who may be affected
by their acts or omissions at work
➤ cooperate with their employer and others to enable
the employer to fulfi l their duties.
15.3.8 Section 8 – Duty on all persons
No person must intentionally or recklessly interfere with
or misuse anything provided in the interest of health,
safety or welfare.
15.3.9 Section 9 – Charges
The employer is required not to charge employees
for anything provided to them in compliance with the
employers duty, e.g. fi rst aid facilities, welfare provisions,
personal protective equipment, training, etc.
Summary of key legal requirements
15.3.10 Enforcing authorities
Sections 10 to 28 of the HSW Act relate to the establishment,
functions and powers of the enforcing authorities
and the introduction of subordinate regulations and
Approved Codes of Practice.
15.3.11 Sections 10 to 14
These sections cover the establishment of the Health
and Safety Commission (HSC) and the Health and Safety
Executive (HSE). The HSC is responsible for both administering
the HSW Act and associated regulations and for
establishing the enforcement policy of their enforcing
arm, the HSE.
15.3.12 Section 15
This section enables the Secretary of State to make new
regulations for any of the general purposes covered by
Part 1 of the HSW Act.
15.3.13 Sections 16 and 17
These sections cover the provision of practical guidance
by the HSC on health and safety regulations in the form
of Approved Codes of Practice (ACoPs) and the use of
ACoPs in criminal proceedings.
15.3.14 Sections 18 and 19
These sections cover the responsibilities for enforcement
of the HSW Act and supporting regulations by the HSE
and the local authorities and are expanded by the Health
and Safety (Enforcing Authority) Regulations 1989.
15.3.15 Sections 20 to 25
These sections cover the appointment and powers of
inspectors responsible for the enforcement of the HSW
Act and supporting regulations.
Appointed inspectors have the following general
powers:
➤ enter any premises at any reasonable time
➤ take a constable with them if necessary
➤ take another authorised person with them and to
take any equipment or material needed for the purposes
of their entry
➤ make any necessary investigations or examinations
➤ direct that premises or anything in them are left
undisturbed
➤ take measurements, photographs and recordings as
necessary
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