Legislation – An Ethical Approach
Food Safety
Under food safety legislation, namely the Food Safety (General Food Hygiene) Regulations 1995, it is the legal duty of the operator of a food business to maintain food equipment and premises in a clean condition.
Fire Safety
Under the Fire Precautions (Workplace) Regulations 1997 (as amended 1999), there is a legal requirement to undertake a formal fire safety risk assessment and to implement controls where a hazard is identified. Ventilation extraction systems are a high-risk installation in terms of fire safety and the risk assessment should ensure that adequate access, understanding of ventilation routes through schematic plans and monitored effective cleaning are in place.
Health & Safety
Under the provisions of the Healthy & Safety at Work Act 1974, it is the responsibility of the employer to ensure the health, safety and welfare of all parties. This includes staff and customers. An absence of adequate control renders the business operator liable to criminal action. The absence of an effective system for maintaining ventilation extraction systems could readily lead to fire and subsequent injury or death of either building occupants or of third parties such as fire officers. Any such event would be likely to result in legal action under the Health & Safety at Work Act 1974.
Corporate Manslaughter
The Government is seeking to introduce the concept of ‘Corporate Manslaughter’, which has profound consequences for operators of food businesses. Those who fail to put into place the necessary measures, as part of overall corporate strategy, to protect the lives of employees and others who might be affected by their services could face a prison sentence if death is caused by their criminal negligence. This has a significant impact on installations such as ventilation extractions where a significant risk exists if the installation fails.
Civil Liability
The management team should be aware that if a property insurer can show that the systems employed to protect an installation were inadequate and this led to the loss of all or part of a building, any claim can be disputed. Where the company loses a criminal case, any civil claim will inevitably fail as, under civil law, the burden of proof is on the balance of probabilities rather than beyond all reasonable doubt.
Other legislation & guidance
The Health and Safety at Work Act 1974
The Management of Health and Safety at Work Regulations 1999
The Occupiers Liability Act 1984
HVCA’s TR19: Guide to good practice cleanliness of ventilation systems
BSRIA's Facilities Management Specification for Ventilation System Hygiene
HSE's Guidance for employers Produced by the Health and Safety Executive
Approved Code of Practice (ACoP) L24
The Workplace (Health, Safety and Welfare) (Reg.6) |
