Environment Fire Safety Law - Coursework Example

Running Head: Environment Fire Safety Law Name: Institution: Course Code: Date of Submission: Table of Contents Table of Contents 2 Introduction 3 ENVIRONMENTAL LEGISLATIONS 4 EU Waste Framework Directive 4 The Environmental Protection Act 1990 6 Kyoto Protocol UN Framework Convention on Climate Change 1997 8 Fire and Rescue Services Act 2004 9 Fire Precautions (Workplace) Regulations 1997 10 Regulatory Reform (Fire Safety) Order 2005 11 HEALTH AND SAFETY REGULATIONS 13 Health and Safety at Work Act 1974 13 Control of Substances Hazardous to Health Regulations 2002 14 Personal Protective Equipment at Work Regulations 1992 15 In England for instance, authorities and law enforcers highly value the need for organizations and employers to provide employees personal protective equipment. For instance, section 192(1) of the Road Traffic Act 1988 of England and Wales calls for safety measures such as proper clothing, use of helmets where necessary, and provision of masks and helmets. In a furniture industry for instance, other regulations such as the Control of Lead at Work Regulations of 1980 that is applicable in England must be complied with to ensure successful compliance of the Personal Protective Equipment at Work Regulations 1992 and ensure successful insurance of employee safety. 16 Conclusion 17 Reference List 18 Introduction Environmental conservation is becoming a great concern in workplaces and homes due to the considerations of pollution consequences that pose one of the most catastrophic circumstances in the universe. In the most severe cases, pollutants resulting from industrial and domestic waste and fire stations have the greatest potential loss of lives and property while at the same time posing serious damages to the environment (Allan, 2009). There are therefore various national and international legislations aimed at guiding employers, employees, residents, and environmental management personnel on their responsibilities to combat environmental pollution. According to Allan (2009), careful fire assessment plans, compliance with various legislations and laws on environmental issues, developing well-planned & engineered waste reduction measures, and proper response techniques by trained personnel on environmental management play an important role in reducing the risk and potential damage caused by environmental pollutants. However, in spite of the many developments and improvements made in relation to national and international environmental controls and legislations, environmental factors continue to remain one of the most important global concerns for authorities, researchers, and practitioners and thus authorities and employers together with resident owners put more emphasis on environmental conservation as the main course of action. The consequences of environmental pollution in the global setup may be more severe than any other situation due to the dangers posed to terrestrial, aquatic, and effects on global warming (Adam, 2007). Hence, there is an increased need to have efficient systems and properly designed environmental conservation techniques for regulating environmental conservation system in industrial setup and installations and strengthen the fire safety, waste, and health and safety regulations that support environmental conservation (Helen & Steve, 2005). In summary, for longer than recorded history, the human race continues to live with environmental issues as of major concern. Combining the characteristics of environmental pollution as rapid and having devastating effects together with the varied intensities of evolution of increased industrialization and use of burnt fuel, the situation is so demanding (Allan, 2009). This paper seeks to unravel the fundamental principles of national, international, and EU environmental and safety law application in an organization. This is effectively achieved through analysis of three environmental legislations, three fire and safety legislations, and three health and safety legislations. ENVIRONMENTAL LEGISLATIONS EU Waste Framework Directive Adopted on October 20 2008, the revised EU Waste Framework Directive (WFD) contains guidance aimed at businesses and other organizations judged with the responsibility of making decisions on a daily basis about whether to classify something as a waste or not (Jona, 2012). In most cases, most decisions are straightforward and the deciding person may not necessarily seek the advice of competent authorities to help them come up with the best decision. Translation of the directive into national law in England and Wales had to consider laws such as The Waste (England and Wales) Regulations to ensure successful adoption and translation. Such national laws stipulated the duties of the Secretary of the State in its section 2(4) of the Pollution Prevention and Control Act of 1991. The regulations includes the imcorporation of activities of environmental agencies, local governments, industries, and members of the public in ensuring that waste management and disposal is carried out in a manner that complies with the provisions of the legislations and thus avoidance of the penalties that come with non-compliance. It is also mandatory for England to ensure compliance with the directive as it may face serious sanctions and penalties that may include membership suspension as stipulated in European Communities Act 1972(3). This may happen in the event where non compliance within the country is not considered an offence within a specific member state. In the case of the furniture restore company, the nature of the processes may result in such waste products as wood, sawdust, paint remains, among others. Disposal of these organic and inorganic waste into the environment may result in an enormous environmental pollution and hence disruption of the ecological system. However, Article 4 of the directive provides a clear guideline on waste hierarchy that includes waste prevention, waste preparation for reuse, recycling of waste, energy recovery, and waste disposal (Jona, 2012). The directive’s targets are majorly for organizations to recycle or prepare for reuse 50% of household waste and to reuse, recycle or recover 70% of non-hazardous construction and demolition waste by 2020 (Jona, 2012). Although this is a rather high target, the furniture store must comply by developing strategies to ensure that most of its waste is recycled and reused. For instanced sawdust would be recycled to card boards and ceiling boards (Karen, 2012). However, after reaching a certain stage of recycling, waste should be freed from regulation to allow it to compete with virgin materials. In light of this, article 6 of the document sets room for development of end-of-waste criteria materials. Waste prevention plans as stipulated under Article 29 of the directive is also very vital for the store, as it incorporates the existing Hazardous Waste Directive and Waste Oils Directive in providing clear guidelines for prevention of bio waste (Karen, 2012). The store would ensure waste prevention through maximum use of wood and paints while at the same time applying new technology to improve its processes to minimize waste production as far as possible in practice. Finally, the directive holds the producer of any waste responsibly. By including producer responsibility section in the directive, the aim is to strengthen the re-use and the prevention, recycling and other recovery of waste measures for waste. This implies that the management of the furniture store will be held responsible for any waste produced and therefore putting the store in a position of facing sanctions such as financial penalties (Karen, 2012). It is also important for the store to develop proper measures to ensure compliance in order to safeguard its public reputation. The Environmental Protection Act 1990 The Environmental Protection Act 1990 is one of the environmental Acts of the Parliament of the United Kingdom that plays an important role in defining the fundamental structure and authority for controlling waste management and reducing emissions business plants to the environment as low as possible (King, et al. 2011). Part one of the Act provides guidelines that help business owners and authorities to prescribe any process or substance and provide well and predetermined guidelines for limits of emission into the environment. Authorization and enforcement of the Act lies in the hands of environmental protection agencies. Business owners must ensure safety of individuals at workplaces and the general environment by avoiding operations prescribed in the provisions of the Act. It also provides sanctions and penalties for noncompliance noticed from some offenders (Yeung, 2004). The furniture industry should therefore define a clear method of disposing its waste to ensure compliance with this Act. Section 46 of the Act puts authorities the duty of providing business owners with notice on how to control and dispose wastes in a manner that does not harm the environment. The Act also provides options for recycling wastes such as sawdust in the case of the furniture business. Offenders of this Act will find themselves fined in three levels as described in section 46 (6) of the Act (King, et al. 2011). The authorities also have power in overseeing and controlling the management of commercial and industrial wastes (s. 47). In the case of industrial and commercial wastes, section 47ZA-47ZB of the Act describes penalties for offenses described therein. In the event where controlled waste is exposed to an area within the jurisdiction of certain authority, section 59-59A of the Act gives e authorities the power to order the responsible business owner to remove the waste (King, et al. 2011). It also states out clearly that it is also a crime to disturb waste collected for recollection by waste collection authority (Yeung, 2004). The furniture industry has several requirements that need careful handling and treatments to ensure environmental conservation. Such requirements include ignitable substances, surplus, or what is mainly known as off-spec paints, solvents, methylene chloride commonly used as spent dipping solutions, stripping sludge, and rags or cleanup materials that are highly contaminated with paint. Unauthorized or harmful depositing, treatment or disposal of what is termed as controlled waste is highly prohibited by the Act with penalties and fines going up to level five. Importers, keepers producers, carriers, waste treaters, and general households have the general duty of care to ensure that harmful or unauthorized activities are greatly prevented. Breach of the duty of care is a crime (King, et al. 2011). Local authorities are also bestowed the responsibility and duty to collect controlled waste and to undertake recycling. Noncompliance attracts penalties in businesses though in most cases enforcement of these penalties sometimes proves controversial. Part IIA of the Act provides compulsory guidelines for businesses and households to comply with the Act and its provisions. Kyoto Protocol UN Framework Convention on Climate Change 1997 The Kyoto Protocol is an international initiated by the United Nations Framework Convention to address global climatic issues to commit its party states by setting internationally binding emission reduction targets. The Protocol was adopted on 11 December 1997 in Kyoto Japan and came into full force on February 16 2005 (King, et al. 2011). With over 150 years of continued industrialization in developed countries, Kyoto Protocol puts a heavy responsibility and burden in developed countries as major contributors of carbon emissions under the principle of "common but differentiated responsibilities". The main aim of the Kyoto Protocol is to minimize emissions of the main human-emitted or otherwise known as anthropogenic greenhouse gases in ways that reflect underlying national differences in emissions of greenhouse gases, wealth, and capacity to make the reductions. However, the treaty prescribes various penalties for non-compliance that nations would not wish to be subjects of (Grubb, 2003). This calls for nations to monitor activities of local industries to ensure compliance. However, according to Grubb (2003), the explicit consequences of non-compliance of the Kyoto Protocol is weak compared to domestic law. Nonetheless, just like any other local industry, the furniture must comply with the treaty by ensuring minimum emission of greenhouse gases by adopting the use of other sources of energy such as solar energy and wind power (Grubb, 2004). The company’s management will also comply by using unleaded fuel in its delivery vans to minimize emissions (Spash, 2010). FIRE SAFETY LEGISLATIONS Fire and Rescue Services Act 2004 The Fire and Rescue Services Act 2004 is an Act of United Kingdom parliament applicable in England and Wales. In section 6, the Act laid out the responsibilities of fire service in the event of fire break out. The Act states that business owners must formulate strategies that promote fire safety in workplaces and the entire community through implementation of the provisions of the Act (Karen, 2012). Business owners and their management makes this possible through provision of information, publicity and encouragement in respect of fire risk assessment and guiding their staff to prevent cases of fire disasters and injuries. Business owners also offer appropriate advice to its staff on how to prevent fires and minimize the spread of fire within the business plant and thus avoiding destruction of property. It also provides an effective means of escape from buildings and other property in case of fire. This Act, having replaced the previous Fire Services Act of 1974 in England and Wales offers business owners with the responsibility of promoting fire safety, dealing with emergencies rescue of individuals who during events of fire break out, protect business property and individuals from fire attacks, and formulate proper fire rescue and services plans for their businesses. The Act also prescribes duties for business owners and management to ensure that a fire rescue service within their workplace is well described and reliable at all times. Failure to do this is regarded as an offense. Noncompliance to the Act is considered a criminal act and attracts serious penalties and punishment from the Crown Court when proven guilty. Any employer or business owner who fails to comply with the provisions of the Act is most likely to face court charges. Likewise, any individual who suffers damages or injuries resulting from noncompliance has a right by tort to claim for compensation, unless stated otherwise by the legislations. The basic point behind the Act is to enhance fire safety service in businesses and workplaces by provision of information to employees and enforcement of provisions to ensure total compliance (Karen, 2012). It is important to identify that all business plants must cooperate with fire rescue and service teams to ensure timely and successful provision of information and training on fire safety precautions and rescue measures. Apart from providing information, these fire rescue and service teams are meant to develop effective guidelines for fire risk assessment. As for the case furniture business, the management is expected to provide information and training to its employees to ensure effective fire rescue service in the event of fire breakouts. Fire Precautions (Workplace) Regulations 1997 This is a regulation, which was enacted as an Act of UK parliament and came to force on in 1997 before being amended in 1999. The precautions and regulations are applicable in England, Scotland, and Wales. Although the regulation applies to any type of workplace where staff are employed, it has exemptions such as workplaces where staff are self-employed, private dwellings, construction sites, forestry land situated quite miles away from main residential buildings, and means of transport used outside workplaces. However, despite the few exemptions on its coverage, the law provides vivid measures of fire regulations and prevention requirements. These include fire risk assessments, fire detection and warning, means of escape, provision of firefighting equipment, planning for an emergency, developing proper training measures for staff, and maintenance and testing of fire safety equipment. These precautions in workplace are very important for the Furniture store as they offer clear strategies for assessing fire risk assessment and training staff to ensure minimum damage in the event of firebreak out. Regulatory Reform (Fire Safety) Order 2005 This is an order enacted by the UK government under which the 'responsible person' in the workplace (i.e. the employer/owner/person in control) should observe general fire safety precautions to ensure their health and safety and those of others within and not within the workplace. The Order is mainly applicable in England and Wales and came into force on October 1st, 2006. The order requires managers to assess the risk of a fire breakout while paying keen and particular attention to people very vulnerable to fire hazards such as children and disabled people (Alex, 2010). The order also requires management to ensure that there are effective means of escape in the event of fire and ensuring that workplace remain well equipped with the necessary firefighting equipment, detectors, and alarms. Finally, the order requires the nomination of appropriate number of highly trained and equipped individuals judged with the responsibility of implementing fire management measures. In an industrial installation, fire safety measures include fire risk assessment, fire prevention, detection, and protection systems. It also entails other considerations such as workplace personnel safety, environmental safety, and property protection within the workplace. Viewing it from a professional point of view, fire safety systems and regulations aim at achieving a defense-in-depth concept on fire safety (Helen & Steve, 2005). Combination of various safety systems and fires safety legislations provides direction for individuals to come up with the optimum combination of the three levels –prevention, detection, and suppression to ensure safety. Concerning the furniture store, the management is responsible for developing an effective fire safety management plan that involves fire risk assessment, fire prevention measures, efficient evacuation strategy, and the installing of appropriate firefighting equipment and ensure constant review of the plan (Karen, 2012). Furthermore, training the five employees in the industry unit on safety measures is of high importance to ensure individual safety and that of others within the workplace. The management should also consider individuals likely to suffer most in the event of fire break out. Such individuals may include unit employees, visitors, and the entire environment in which the store operates. In conclusion, to ensure compliance with this Order, the furniture store management should ensure that fire safety risk assessment is carried out regularly, sources of any possible ignition and flammable substances are kept far apart within the store, and avoid any build-up of rubbish that would easily burn. The management should also ensure installation of certified and accessible firefighting equipment, ensure fire exits and escape routes are kept unobstructed at all times, ensure workers are offered the appropriate training on fire safety, and finally keep their fire risk assessment constantly reviewed and up to date. HEALTH AND SAFETY REGULATIONS Health and Safety at Work Act 1974 The Health and Safety at Work Act 1974 is an Act of the Parliament of the United Kingdom that as of 2011 defines the fundamental structure and authority for the encouragement, regulation, and enforcement of workplace health, safety, and welfare within the United Kingdom (Karen, 2012). The Health and Safety at Work Act 1974 defines general duties on employers, employees, contractors, suppliers of goods and substances for use at work, persons in control of work premises, and those who manage and maintain them, and persons in general. The Act enables a broad regime of regulation by government ministers through Statutory Instrument, which has generated an extensive system of specific provisions for various industries, disciplines, and risks in the years since 1974 (Jeremy, 2005). The Act provides general guidance for compliance with the regulations for countries across UK and explains the various reasons why compliance will attract court penalties. Therefore, a breach to any section of the regulations under this Act is treated wrong and criminal across UK. In England and Wales for instance, it is punishable through summary of conviction when one is found guilty of breaching the provisions of the Act. The Crown Court can also charge a fine of not less than $20,000 in the event where an individual is convicted of non-compliance. However, if an individual or any organization is convicted on indictment, the Crown Court also has the ability to rule on unlimited amounts of fines on an offender (Stranks, 2005). In such events, the Sentencing Guidance Council publishes sentencement of an offender found guilty by the court. Finally, England citizens who suffer damages resulting from breach of the Act and its provisions are accorded a cause of action by tort that goes against the offender. This is acceptable by law unless where the regulations may state otherwise. Wales also enjoy the same right while Scotland executes it through its law of delict. The Act lays down general principles that are necessary for the furniture store’s management to ensure health and safety at work. This enables the creation of specific requirements through regulations enacted as Statutory Instruments or through codes of practice such as the Control of Substances Hazardous to Health Regulations 2002 for hazardous lubricants in paints, the Management of Health, and Safety at Work Regulations 1999 to ensure safe materials. It also applies the Personal Protective Equipment (PPE) at Work Regulations 1992 to provide masking equipment during varnishing and lacquering and the Health and Safety (First Aid) Regulations 1981 for employees in case of an emergency (Jeremy, 2005). In this regard, the industry unit will ensure health and safety of its five employees is a priority. Control of Substances Hazardous to Health Regulations 2002 This is a statutory instrument applicable in the United Kingdom that is useful in stating the general requirements and responsibilities for employers to protect employees in their workplaces and other individuals from the hazards and dangers resulting from exposure to substances used at work through effective risk assessment and control of exposure of chemicals and substances (Sanne, 2008). Employers are also expected to take care of their exposure to substances and regulate the importation of such substances. In a furniture restoration business, substances such as paints and other chemicals used in furniture development should be taken care of to ensure minimum exposure and prevent risks. Noncompliance to the regulations by employers attracts punishment and penalties by a court of law and has an impact on an organization’s image and reputation in the public. Upon conviction on indictment, an offender can be subjected to indefinite fines in the Crown Court. The regulations are applicable to both individuals and corporations across the United Kingdom. Enforcement of the regulations is the responsibility of health and safety executives or in some cases, the local authorities. An organization will also have to compensate an employee who suffers damages due to noncompliance. Thus, it is mandatory for the furniture business to ensure compliance to take care of its staff and the entire environment from exposure to any hazardous chemicals and substance that are likely to harm the environment or cause any serious injury to individuals (Sanne, 2008). Personal Protective Equipment at Work Regulations 1992 The Personal Protective Equipment at Work Regulations 1992 in the United Kingdom came into force on January 1, 1993 under the Health and Safety at Work etc. Act 1974 (Sanne, 2008). The regulations call upon employers and other individuals to ensure that suitable personal protective equipment for employees are available at all times in their workplaces. This is to ensure that health and safety for employees is given first priority than any other issue. In England for instance, authorities and law enforcers highly value the need for organizations and employers to provide employees personal protective equipment. For instance, section 192(1) of the Road Traffic Act 1988 of England and Wales calls for safety measures such as proper clothing, use of helmets where necessary, and provision of masks and helmets. In a furniture industry for instance, other regulations such as the Control of Lead at Work Regulations of 1980 that is applicable in England must be complied with to ensure successful compliance of the Personal Protective Equipment at Work Regulations 1992 and ensure successful insurance of employee safety. The requirement of personal protective equipment in any organization should be identified in an effective risk assessment plan to ensure that areas that need such equipment are well identified. However, the use of personal protective equipment at the workplace should be a last resort for risk prevention. This implies that the equipment should be used after all other possible measures for risk prevention have been exhausted. The reason behind this idea is because the use of personal protective equipment can only protect the wearer and not any other person within the working area (Yeung, 2004). The equipment must also be properly selected to fit the wearer and for effective protection. In situations of highly risky operations, assessment of critical areas that need complex personal protective equipment should be put in writing and constantly reviewed if there is change in operations. All the personal protective equipment selected for the furniture business must conform to the British Standards for effective compliance. It is therefore mandatory for employers to offer employees with the right personal protective equipment to avoid fines and penalties under this regulation. It should also ensure that employees are provided with a comprehensive user manual for effective use of the personal protective equipment. Provision of personal protective equipment such as gloves, helmets, masks, and other equipment necessary for employees of the furniture business will ensure employee safety (Sanne, 2008). Conclusion There are several national, EU and international regulations aimed at ensuring employees’ safety at workplaces and reducing environmental pollution as well. As such, considering the extent at which events and activities that lead to environmental deterioration and poor health and safety in workplaces, the international community enacted various legislations that stipulate guidelines for environmental conservation, duties, and responsibilities for employer and health and safety managers, and necessary precautions aimed at reducing the impacts of environmental pollution. Some of the outstanding legislations and Acts include the Regulatory Reform (Fire Safety) Order 2005, the Erath Summit 2012 Rio de Janeiro, EU Waste Framework Directive, Kyoto Protocol UN Framework Convention on Climate Change 1997, EU Waste Framework Directive, and Health and Safety at Work Act 1974. These Acts together with other general not discussed in this piece play an important role in reducing the environmental pollution and health and safety in workplaces. As any other business entity, the furniture industry should comply with various laws and regulations touching on environmental conservation, fire prevention, and occupational health and safety for its employees. Such laws and regulations include the Environmental Protection Act 1990, Personal Protective Equipment at Work Regulations 1992, Control of Substances Hazardous to Health Regulations 2002, and Fire and Rescue Services Act 2004 among others. Compliance with these Acts and legislations helps businesses maintain good reputation and avoid fines and penalties associated with noncompliance with these regulations. Since employers and premise owners are responsible and liable for non-compliance with any regulation, coupled with strict penalties, environmental law regulations go a long way in effecting fire prevention, health and safety in the workplace, and environmental conservation. The most important aspect of these legislations is their design, which clearly elaborates the effective procedures for preventing the production of waste, minimizing emissions of greenhouse gases, maintaining high levels of occupational health and safety, and assessing fire risk management strategies. With roles and responsibilities of every ‘responsible person’, clearly stipulated, environmental law becomes effective (Linda, 2003). Reference List Adam, D 2007, UK to seek pact on shipping and aviation pollution at climate talks, (Online) The Guardian, Available at http://www.guardian.co.uk/environment/2007/dec/03/climatechange.greenpolitics (Accessed 20 February 2013). Ahmed, H 2012, Principles of Environmental Economics and Sustainability: An Integrated Economic and Ecological Approach, London: Routledge. Alex, D 2010, Workplace Law Handbook 2011 - Health and Safety, Premises and Environment Handbook (ed), Cambridge, Workplace Law Group. 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The Regulatory Reform (Fire Safety) Order 2005, Available on http://www.legislation.gov.uk/uksi/2004/3386/pdfs/uksi_20043386_en.pdf UK Legislations 2010, Health and Safety at Work Act 1974. Available on http://www.hse.gov.uk/legislation/hswa.htm UN 2006, Kyoto Protocol UN Framework Convention on Climate Change 1997. Available at http://untreaty.un.org/cod/avl/ha/kpccc/kpccc.html Yeung K, 2004. Securing Compliance. A Principled Approach, Hart Publishing, Oxford Read More