Civil Engineering Reference
In-Depth Information
A competent person can only be regarded as competent
if they have appropriate training, experience, knowledge
or other qualities [13(4) and 15(3)].
➤
MOD (Ministry of Defence) Fire Service - military
and defence establishments [25(c)]
➤
Local authority - sports grounds and stadia [25(d)].
15.27.9 Articles 40-41 - Employee rights and
responsibilities
15.27.12
Article 27 - Inspectors
In most cases inspectors are offi cers from the local Fire
and Rescue Service. An inspector has the right to:
Employees also have rights and responsibilities under
the RRFSO broadly similar to those found in current
health and safety legislation. The responsible person
must consult employees on fi re safety matters and pro-
vide information to them and ensure that they have been
suitably trained to fulfi l their role.
An employee must not act in a way that endangers
themselves or others, they must also bring to the
attention of the employer any shortcomings in the fi re
prevention and protection arrangements and cooperate
with the employer. The responsible person cannot charge
an employee for providing any fi re safety measures that
may be required under the RRFSO. An employee is
entitled to recover his losses via civil proceedings if the
responsible person fails to comply with the RRFSO.
Responsible persons must ensure that any person
they employ (directly or indirectly) is provided with all
information related to fi re safety [19 and 20]. Employers
must consult with employees with regard to fi re safety
issues [41(1) and (2)].
Employees cannot be charged for anything provided
for, e.g. training or safety equipment [40]. However, if an
employee suffers loss or damage as result of a responsi-
ble person failing to comply with the RRFSO the employee
can recover their losses from the employer [39(2)].
Employees must take reasonable care of themselves
and others and cooperate with their employer. They
must also report any serious dangers and shortcomings
in the fi re safety arrangements [23(1)(a-c)].
➤
Enter into your premises or workplace if he is
inspecting it but cannot force an entry [27(1)(a)]
➤
Make enquiries to establish the limits of the
premises and who the responsible persons are
[27(1)(b)]
➤
Inspect or take copies of any records [27(1)(c)]
➤
Take samples [27(1)(e)].
15.27.13
Article 29-31 - Notices and penalties
An 'alterations notice' may be served by an enforcing
authority when in their opinion any changes may increase
the level of risk signifi cantly (high risk premises) [29(1)].
An 'enforcement notice' may be served when the
RRFSO has not been complied with, such as providing
adequate fi re fi ghting equipment or emergency lighting
[30(1)].
A 'prohibition notice' may be served when the
enforcing authority is of the opinion that the premises
pose a serious threat to life [31(1)].
Failing to comply with Articles 8 through 21 and 38
of the RRFSO can result in a fi ne or a term of imprison-
ment not exceeding 2 years. Articles 8 through 21 cover
all the main provisions referred to above.
15.27.14
Schedule 1 Part 3 - Documents and
records
15.27.10 Young persons
Policy
A responsible person must:
When considering employing a young person the respon-
sible person must include particular aspects in his risk
assessment [9(5)] such as their inexperience and lack of
maturity, the type and extent of training, degree of expo-
sure to risk, the activities and premises that they may be
undertaking their work in [Schedule 1 Part ].
As such it is therefore likely that you will include
specifi c reference to these issues in your risk assessment.
➤
Develop a coherent overall policy minimising risk
[Schedule 1 Part 3(f)]
➤
Reduce the risk of the outbreak of fi re [4.(1)(a)]
➤
Reduce the risk of the spread of fi re [4.(1)(a)]
➤
Provide means of escape [4.(1)(b)]
➤
Demonstrate preventive action [10 and Schedule 1
Part 3].
15.27.11
Article 25 - Enforcement
Procedures
A responsible person must establish a procedure for
dealing with a fi re including regular fi re response exer-
cises and drills. The procedure should identify the circum-
stances that trigger the emergency. Who and how the
evacuation should take place and when people should be
allowed to return to the workplace [15(2)(a), (b) and (c)].
The enforcing authority is usually the local Fire and
Rescue Service [25(a)]; however, there are other enfor-
cing authorities:
➤
HSE (Health and Safety Executive) - nuclear instal-
lations, ships under construction and building sites
[25(b)]
