3.1 Legal Requirements

Question 1

Preventive and protective measures should be implemented in accordance with the principles of prevention

Answer 1

(a) avoiding risks (b) evaluating the risks which cannot be avoided (c) combating the risks at source (d) adapting to technical progress (e) replacing the dangerous by the non-dangerous or less dangerous (f) developing a coherent overall prevention policy which covers technology, organisation of work and the influence of factors relating to the working environment (g) giving collective protective measures priority over individual protective measures (h) giving appropriate instructions to employees.

Question 2

The main enforcing authority for the RRFSO will normally be

Answer 2

the local Fire and Rescue Authority (FRA)

Question 3

A warehouse that stores stationery products generated six false fire alarms over a three month period while in the process of expanding its premises. On each occasion, the local Fire and Rescue Authority attended the premises. After the last occasion, the Fire and Rescue Authority inspected the warehouse and discovered that the employees had failed to evacuate on all but the first occasion. They also discovered that no testing or maintenance had been carried out on the fire alarm system for five years. Outline the range of enforcement action options the Fire and Rescue Authority may take as a result of their inspection findings. 10 marks

Answer 3

In the circumstances described, if the Fire Authority considers that the premises are, or have the potential to become, a high risk premises, they might issue an alteration notice requiring the employer to send them proposals of any changes they propose to make, together with a copy of the completed risk assessment. If, however, the Fire Authority is dissatisfied with the risk assessment, or the action the employer has taken, or indeed with his compliance as a whole with the requirements of the Regulatory Reform (Fire Safety) Order (RRFSO), they might issue an enforcement notice, requiring improvements to be made which would allow a minimum period of twenty eight days before compliance was required. Should the Fire Authority consider that the premises does or will involve a serious risk, they may issue a prohibition notice prohibiting or restricting the use of the premises until specific matters have been remedied. The notice may include directions as to what steps need to be taken and may be enforced immediately, or take effect at the end of a specified period. Finally the Fire Authority may decide to prosecute for any of the summary or indictable offences detailed in Part 4 of the RRFSO.

Question 4

Article 4: Meaning of ‘general fire precautions’ General fire precautions means: 6

Answer 4

 measures to reduce the risk of fire and the risk of fire spread on the premises  means of escape and measures for securing the safe and effective use of the means of escape  measures for fighting fires  measures for detecting fire and giving warning  measures relating to the instruction and training of employees  measures to mitigate the effects of fire.

Question 5

A warehouse that stores stationery products generated six false
fire alarms over a three month period while in the process of
expanding its premises. On each occasion, the local Fire and
Rescue Authority attended the premises. After the last occasion,
the Fire and Rescue Authority inspected the warehouse and
discovered that the employees had failed to evacuate on all but the
first occasion. They also discovered that no testing or maintenance
had been carried out on the fire alarm system for five years.

Outline the range of enforcement action options the Fire and
Rescue Authority may take as a result of their inspection findings.
10 marks

Answer 5

(a) In the circumstances described, if the Fire Authority considers that
the premises are, or have the potential to become, a high risk
premises, they might issue an alteration notice requiring the
employer to send them proposals of any changes they propose to
make, together with a copy of the completed risk assessment.

If, however, the Fire Authority is dissatisfied with the risk
assessment, or the action the employer has taken, or indeed with
his compliance as a whole with the requirements of the Regulatory
Reform (Fire Safety) Order (RRFSO), they might issue an
enforcement notice, requiring improvements to be made which
would allow a minimum period of twenty eight days before
compliance was required.

Should the Fire Authority consider that the premises does or will
involve a serious risk, they may issue a prohibition notice
prohibiting or restricting the use of the premises until specific
matters have been remedied. The notice may include directions as
to what steps need to be taken and may be enforced immediately,
or take effect at the end of a specified period.

Finally the Fire Authority may decide to prosecute for any of the
summary or indictable offences detailed in Part 4 of the RRFSO.