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Posted By Blue
(Scottish legislation).
Scenario. A new company has fire extinguishers. They have been told it is a "legal requirement to have them tested every year".
I cannot find any mention of a legal requirement to have all fire extinguishers in the workplace tested (which can cost a small fortune). The Fire Act and the Regulations for Scotland make no reference to this, although maintaining the equipment is referred to. British standards suggest guidance and recommendations for annual maintenance, inspection and testing (I think - don't have the standard) but am I right in thinking that British standards are not legally enforceable anyway?
Could someone please help?
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Posted By Brian Horrocks
British Standards are not usually legally enforceable, but they can be in certain circumstances.
However, compliance or non-compliance could well be the benchmark by which you are judged in the event of enforcement action.
Basically it is accepted that most areas of h&s will have some form of British Standard or HSE Acop by which you get guidance on what you need to do to comply with minimum legal requirements - if it went pear shaped it is up to you to justify why you didn't follow well publicised guidance.
Following Acops or BS's is highly likely to be seen as 'reasonably practicable' which is the general requirement of HASAWA.
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Posted By Fornhelper
Blue
Why not have someone in the company trained to check the fire extinguishers. As a 'one off' cost this may be more financially viable.
Whilst I agree that the BS is not legally enforceable they do tend to be treated (in relation to H & S matters) much the same as HSE Guidance, COPs or ACOPs.
Perhaps the focus by the fire authorities on the risk assessment being the responsibility of the 'company' (resulting, IMO, in it being difficult to gain 'official' advice from them) may allow this 'assumption' that an annual test is necessary to be challenged.
For example if the company's fire risk assessment states that extinguishers should be visually inspected every week and tested by a competent person every 2 years (or 3 or 4 ???) - then the company may consider that this is suitable and sufficient. In my opinion the company are complying with the legislative requirement for maintaining equipment.
In terms of risk what are the chances of an extinguisher in an office environment that is visually inspected every week, not subjected to misuse or disturbed, and tested every 2 or 3 years developing a fault that renders it inoperable? (and this is not taking into account the likelihood of it being used in the first place).
In saying this it may be an annual test may be more appropriate in a location where an extinguisher may be subject to a more robust 'lifestyle!!' (eg young persons care home, exposure to dusty / damp environment etc) but surely the purpose if the fire risk assessment to establish what is suitable and sufficient.
Whether the enforcing authorities agree with this is another matter and it would ultimately need to be established 'in court' if such maintenance arrangements were suitable.
I would add that there may be specific technical reasons for the annual inspection however I can't comment on this as I don't know!!! If someone can enlighten us as to why an annual inspection is recommended then at least today has been another school day !!
Regards
FH
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Posted By Dave Wilson
You have to have when the next inspection date is due not when it was last done, if that makes sense. (I think! in ADR / DG anyway)
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Posted By Swis
There's no legal requirment to HAVE fire extinguishers at workplace (specifically)...therefore no set legal obligations to test them.
However, as the equipment is provided, it is your responsibility to ensure that it is in good working order and testing periodic inspection shows this due diligence.
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Posted By Toe
This is a good question, but I think that you have asked the wrong people.
The people you should be asking is your insures, it may be a condition of your insurance to have these on a maintenance programme like lots of other pieces of equipment in the workplace. Also what is your perception of what fire extinguishers are used for, do you train people to use them? etc..
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Posted By D H
Agree with Toe here - but am also wary of a episode last week when a specific gent posted a Fire question?
Dave
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