Law Weblog

New Guidelines for Firefighters

Sunday 6 June 2010 at 12:14 pm | In News | Post Comment

Fire-fighters will be able to respond more effectively to dangerous situations, after the Health and Safety Executive issude a new policy statement which says that fire-fighters should not be prevented from doing their job of protecting the public.  The fire service still has a duty under the Health and Safety at Work Act 1974 to protect their workers’ health and safety.

These health and safety duties are not absolute and each is qualified by the test of what is reasonably practicable. HSWA, therefore, does not require all risks to be eliminated, and HSE recognises that, even when all reasonably practicable precautions have been taken to deal with foreseeable risks, harm could still occur …

The new guidelines follow the findings of a Fatal Accident Inquiry in March where Alison Hume died following a fall of 40 feet down a disused mineshaft near Glasgow.  Fire-fighters had been unable to rescue Alison Hume due to a Health and Safety memo which stated that their equipment was for saving themselves, not members of the public.  Mrs Hume was eventually rescued by mountain rescue experts but died of a heart attack just before being brought to the surface.

HSE chair Judith Hackitt stated,

“Fire-fighters perform a unique and indispensable role.  It is part of their job to intervene in dangerous situations to protect people and property.  The law expects that they will themselves be protected as far as is reasonably practicable – but in fast moving situations they must exercise their judgement about what is reasonable and what is not.”

Full policy statement is here