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Managing Fire Safety

Managing Fire Safety. Arguments For Fire Management. Moral : ethical and responsible behaviour Financial : costs of injuries and ill-health Legal : criminal and civil liability. Fire Terminology.

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Managing Fire Safety

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  1. Managing Fire Safety

  2. Arguments For Fire Management • Moral: ethical and responsible behaviour • Financial: costs of injuries and ill-health • Legal: criminal and civil liability

  3. Fire Terminology • Primary fires – all fires in buildings, vehicles and outdoor structures or any fire involving casualties, rescues or fires attended by five or more appliances • Secondary fires – outdoor fires including grassland, refuse and derelict buildings • Chimney fires – occupied buildings where fire confined to chimney • False alarms – fire service called to fire and find there is no incident

  4. Cost Of Fire Incidents • Statistics published by the office of the Deputy Prime Minister: 2004 Fire Service Attended: • 900,000 fire and false alarms • Fires 442,700 • Dwellings 442,700 • Buildings 97,700

  5. Casualties From Fire • 2004 • Fire related deaths 508 • Non fatal casualties (inc fire fighters) 14,600 • These figures are down 6% from previous year.

  6. Cost Of Inadequate Fire Risk Management • 2003 • Insured costs £672 million • Indirect cost £81 million • UK economy £6.6bn per year • Fire and Rescue Service £1.7bn • Average cost of commercial building £58,000 • Average cost domestic building £25,000 • Average cost of vehicle fire £4,700

  7. Case Studies • Primark Warehouse • Buncefield Oil Termina • Bradford • Piper Alpha • Kings Cross • Sainsbury’s • Bhopal • Flixborough

  8. LAW Rules of human conduct, imposed upon and enforced among the members of a given state

  9. CIVIL LAW • Law concerning private and civil affairs without direct involvement of the state • Breaches usually remedied by compensation • Costs and damages normally covered by insurance Employers’ Liability (Compulsory Insurance) Act 1969 • Burden of proof: on a balance of probabilities

  10. SOURCE OF CIVIL LAW • Common Law Evolution of legal principles over time by decisions of courts and judges - system of rules or precedents which bind future similar cases Some common law offences are crimes, (e.g. murder, criminal libel)

  11. Common Law: Negligence • Negligence is a tort - A Civil wrong. • Three essential elements of proof on claimant: 1. Duty is owed 2. A breach of the duty 3. Damage/injury

  12. Employer’s Common Law Duty Of Care To Employees • A safe place of work • Safe appliances and equipment • A safe system of work • Competent and safety conscious personnel • A duty of care owed by the occupier of a building

  13. Vicarious liability • The principle that the employer is liable for the torts of their employees, provided that they are committed during the course of their employment to a third party.

  14. Breach of Statutory Duty • A common law action based on statute to protect employees - usually linked with a claim in negligence (the double barrelled approach) • Claimant will succeed in an action for negligence if a breach of statute law is shown to have caused the injury • Act or Regulations may prohibit right of action in civil proceedings, e.g. HASWA 1974

  15. Negligence: Defences • No duty owed • No duty breached • Volenti non fit injuria • Contributory negligence • Statute limitation • Injury not as a direct result

  16. The Civil Courts • The County Court: hears most civil cases • The High Court: hears complex cases and those where damages expected to be in excess of £50000 • Employment Tribunals

  17. Criminal Law • Addresses public and moral wrong doing • No absolute definition and may change over time, e.g. drugs • Health and safety offences initiated by Fire Authority / HSE / EHO • Prescribes punishment: e.g., fines, imprisonment • Burden of proof: beyond reasonable doubt

  18. Source of Criminal Law • Statute Law • Law created by Parliament - rules of conduct to be observed by persons to whom statute is made applicable • May take form of an enabling Act • Sometimes enacted to remedy inconsistency in common law - e.g. Law Reform (Contributory Negligence) Act 1945

  19. Duties • Absolute • Practicable • Reasonably Practicable • Reasonable

  20. Crown Court Magistrates Court Beyond all Reasonable Doubt Statute Law HSE EHO CPS Punishment of Guilty CRIMINAL LAW Instigator of Action Remedy Sought Burden Of Proof Source of Law Civil Law The Aggrieved person Compensation Balance of Probabilities Common law For Injury Loss Damage Caused Small Claims Set By Precedence County Court High Court Created by Dave West for HSFB

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