Know The Law

The relevant H&S laws from HSWA 1974, Fire Safety Order 2005, Supply of Machinery (Safety) Regulations, and DSEAR 2002.

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The government’s “Guide for persons with duties under fire safety legislation”

In the official “Guidance Note No. 1” on the Fire Safety Order, Article 8 is described and its role in enforcing general fire precautions is elaborated. It also discusses that fixed firefighting systems (“suppression systems”) are among the possible measures considered under general fire precautions.

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The Supply of Machinery (Safety) Regulations 2008/ EU Machinery Directive 2006/42/EC

Machinery must be designed and constructed in such a way that any risk of fire from the machinery or from the materials processed, used or stored in the machinery is avoided or limited. Machinery must be equipped with means of preventing the spread of fire. Manufacturers must first eliminate or reduce risks at source, then provide protective measures, and only lastly rely on user warnings or procedures.

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Regulatory Reform (Fire Safety) Order 2005

• Article 8 – Duty to take general fire precautions • Article 9 – Risk assessment • Article 13 – Fire-fighting and fire detection • Article 17 – Maintenance

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UK Coat of Arms

Health and Safety at Work etc. Act 1974 • Section 2(1), 3(1)

“It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.” “It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.”

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The Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR)

DSEAR requires employers to assess risks from dangerous substances and put control measures in place to eliminate or reduce those risks so far as is reasonably practicable. “These Regulations require the elimination or reduction of risk of fire and explosion from substances connected with work activities.” Titanium or magnesium dust, fines, swarf or chips are considered a “dangerous substance” in that they can ignite or contribute to explosion risk in certain conditions, therefor DSEAR imposes a legal duty to engineer-out or mitigate that hazard.

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Health and Safety at Work etc. Act 1974 • Section 2(2)

“(a) the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health; (b) arrangements for ensuring, so far as is reasonably practicable, safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances; …”

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