Well, there's quite a few "I think...", "someone told me...", "mum says..." with regards to the legalities in terms of Health and Safety and fire spinners.
So I wrote to the Governmen and asked them what the laws are - here's there response.
I've written back asking to answer a couple more questions with regards to mentions of laws, namely; the "you have to be x meters from a road to do fire" and "the audiance has to be x distance from the performers" laws. I'll post them when the answer comes but until then *deep breath*
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Thank you for your enquiry regarding health and safety during fire
performances.
There are no specific regulations or guidance set down by the HSE in
relation to your business. However, safe working practices should be
determined through the findings of a risk assessment. Risk assessments are
a legal requirement under the Management of Health and Safety at Work
Regulations 1999.
Regulation 3 stipulates that:
Every employer shall make a suitable and sufficient assessment of -
(a) the risks to the health and safety of his employees to which they are
exposed whilst they are at work; and
(b) the risks to the health and safety of persons not in his employment
arising out of or in connection with the conduct by him of his undertaking.
The Approved Code of Practice goes on to say:
This regulation requires all employers and self-employed people to assess
the risks to workers and any others who may be affected by their work or
business. This will enable them to identify the measures they need to take
to comply with health and safety law. All employers should carry out a
systematic general examination of the effect of their undertaking, their
work activities and the condition of the premises. Those who employ five or
more employees should record the significant findings of that risk
assessment.
A risk assessment is carried out to identify the risks to health and safety
to any person arising out of, or in connection with, work or the conduct of
their undertaking. It should identify how the risks arise and how they
impact on those affected. This information is needed to make decisions on
how to manage those risks so that the decisions are made in an informed,
rational and structured manner, and the action taken is proportionate.
A risk assessment should usually involve identifying the hazards present in
any working environment or arising out of commercial activities and work
activities, and evaluating the extent of the risks involved, taking into
account existing precautions and their effectiveness. In this approved
code of practice:
(a) a hazard is something with the potential to cause harm (this can
include articles, substances, plant or machines, methods of work, the
working environment and other aspects of work organisation);
(b) a risk is the likelihood of potential harm from that hazard being
realised. The extent of the risk will depend on:
(i) the likelihood of that harm occurring;
(ii) the potential severity of that harm, i.e. of any resultant injury or
adverse health effect; and
(iii) the population which might be affected by the hazard, i.e. the number
of people who might be exposed.
Reference: L21: The Management of Health and Safety at Work Regulations
1999: Approved Code of Practice and Guidance, ISBN 0717624889, £8.00.
The HSE also produce the following publications on risk assessment:
HSG183, Five Steps to Risk Assessment : Case Studies, ISBN 0717615804,
£6.75.
INDG163, Five Steps to risk assessments, single copies are free.
INDG218, A guide to risk assessments requirements, single copies are free.
The free leaflets referenced above are available to download online at the
following web address:
http://www.hse.gov.uk/pubns/raindex.htm
The following information is taken from the publication 'Fire Safety: An
Employers Guide':
An introduction
The term 'fire precautions' includes matters which are the subject of legal
requirements under specific fire precautions legislation. These include
the Fire Regulations and the Fire Precautions Act 1971 (in Northern Ireland
the Fire Services (Northern Ireland) Order 1984 (as amended)) and, more
generally, under health and safety legislation including the Health and
Safety at Work etc Act 1974 and regulations made under that Act.
Fire precautions legislation deals with general fire precautions. These
include:
means of detection and giving warning in case of fire;
the provision of means of escape;
means of fighting fire; and
the training of staff in fire safety.
The Fire Regulations also include a requirement to undertake an assessment
of the fire risks. (In this guide, the term 'fire risk' collectively
describes both the risk of fire occurring and the risk to people in the
event of fire.)
The Health and Safety at Work etc Act 1974 and regulations made under it
cover the provision of process fire precautions which are intended to
prevent the outbreak of a fire or minimise the consequences should one
occur. Matters falling within the scope of the Act include the storage of
flammable materials, the control of flammable vapours, standards of
housekeeping, safe systems of work, the control of sources of ignition and
the provision of appropriate training.
These precautions are enforced by inspectors from the Health and Safety
Executive (HSE) or the local authority.
Between them, the Fire Regulations and the Management of Health and Safety
at Work Regulations 1992 (as amended) require you to:
carry out a fire risk assessment of your workplace (you must consider
all your employees and all other people who may be affected by a fire in
the workplace and you are required to make adequate provision for any
disabled people with special needs who use or may be present at your
premises);
identify the significant findings of the risk assessment and the
details of anyone who might be especially at risk in case of fire (these
must be recorded if you employ more than five people);
provide and maintain such fire precautions as are necessary to
safeguard those who use your workplace; and
provide information, instruction and training to your employees about
the fire precautions in your workplace.
The risk assessment will help you decide the nature and extent of the
general and process fire precautions which you need to provide.
There are six other legal duties you need to know:
Where it is necessary to safeguard the safety of your employees, you
must nominate people to undertake any special roles which are required
under your emergency plan (you can nominate yourself for this purpose).
You must consult your employees (or their elected representatives or
appointed trade union safety representatives) about the nomination of
people to carry out particular roles in connection with fire safety and
about proposals for improving the fire precautions.
You must inform other employers who also have workplaces in the
building of any significant risks you found which might affect the safety
of their employees - and co-operate with them about the measures proposed
to reduce/control those risks.
If you are not an employer but have any control of premises which
contain more than one workplace, you are also responsible for ensuring that
the requirements of the Fire Regulations are complied with in those parts
you have control over.
You must establish a suitable means of contacting the emergency
services, and ensure that they can be called easily.
The law requires your employees to co-operate with you to ensure the
workplace is safe from fire and its effects, and not to do anything which
will place themselves or other people at risk.
In some workplaces you may need to apply for a fire certificate, a licence,
or other form of approval before using the workplace.
Reference: Fire Safety: an employers guide, ISBN 0113412290, priced at
£9.95.
However, as an information service we are only able to provide information
that is published in HSE regulations or associated guidance.
For advice/ interpretation on the above subject you will need to speak to
your enforcing authority for health and safety.
The enforcing office which covers your workplace is dependent on the nature
of the activities carried out at that workplace.
The Environmental Health Department of the Local Authority enforce over
premises such as retailing, some warehouses, most offices, hotels and
catering, sports, leisure, consumer services and places of worship.
The telephone number for the Environmental Health Department of the Local
Authority should be available from your local telephone directory.
Alternatively, the details of all local authorities can found via the A-Z
of local authorities facility of the following website: www.ukonline.gov.uk
All HSE documents are available from HSE Books. The contact details are as
follows:
HSE Books
PO Box 1999,
Sudbury,
Suffolk, CO10 2WA.
Tel: 01787 881165
Fax: 01787 313995
Email: hsebooks@prolog.uk.com
http://www.hsebooks.co.uk
There are three methods of payment currently available from HSE Books:
1. Via the post, bank cheques/ postal orders made payable to HSE Books
2. Via the telephone, American Express, Master Card or Visa
3. Existing approved credit account customers may use the Banks Automated
Clearing System
(BACS).However, new accounts are not being set up.
Alternatively the fire document can be viewed and downloaded free of charge
from the Office of the Deputy Prime Minister's website:
http://www.archive.official-documents.co.uk/document/fire/index.htm
Further information on this subject can be obtained from the Fire Policy
Division of the Office of the Deputy Prime
Minister :
Fire Policy Division
Horseferry House
Dean Ryle Street
London
SW1P 2AW
Tel: 020 7944 8104
Alternatively you could speak to your local fire authority. Their contact
details can be located in your regional directory
or from the following URL address:
http://www.firesafetytoolbox.org.uk/ncfsc/cfsdirectory/default.htm
(Endagering others for example)
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