game_boy Posted April 23, 2010 Report Share Posted April 23, 2010 Bit random, but does anyone know of specific Fire/HSE legislation or offences regarding falsely discharging an extinguisher? i.e. no fire Pertaining to Scotish law or failing that UK wide. Quote Link to comment Share on other sites More sharing options...
happypig Posted April 23, 2010 Report Share Posted April 23, 2010 If it was not the person's to discharge then surely criminal damage would do? Quote Link to comment Share on other sites More sharing options...
Piebob Posted April 24, 2010 Report Share Posted April 24, 2010 (edited) Bit random, but does anyone know of specific Fire/HSE legislation or offences regarding falsely discharging an extinguisher? i.e. no fire Pertaining to Scotish law or failing that UK wide. My understanding is that the Health & Safety at Work Act makes misuse of an extinguisher an offence where someone can be criminally prosecuted. But as for the actual text in the act............ http://www.hse.gov.uk/legislation/hswa.htm Edited April 24, 2010 by Piebob Quote Link to comment Share on other sites More sharing options...
game_boy Posted April 24, 2010 Author Report Share Posted April 24, 2010 My understanding is that the Health & Safety at Work Act makes misuse of an extinguisher an offence where someone can be criminally prosecuted. But as for the actual text in the act............ http://www.hse.gov.uk/legislation/hswa.htm Cheers bob, some reading ahead! Quote Link to comment Share on other sites More sharing options...
Piebob Posted April 24, 2010 Report Share Posted April 24, 2010 No worries, it might be this bit you need, but I don't know for sure. 8. Duty not to interfere with or misuse things provided pursuant to certain provisions. No person shall intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety or welfare in pursuance of any of the relevant statutory provisions. Quote Link to comment Share on other sites More sharing options...
V8landy Posted April 24, 2010 Report Share Posted April 24, 2010 Fire/HSE legislation or offences regarding falsely discharging an extinguisher? i.e. no fire Pertaining to Scotish law or failing that UK wide. Can you elaborate a bit more on this? Have you discharged one? or are you planning to do so for maybe another reason but in a legal way i.e maybe a fire practice or science experiment (if you are a teacher) I work on a petro chemical plant and related to the HSE parts. As far as I am concerned if people started using them for water fights (if water type) or foam parties, there would very well be diaplinary in-house, but no reason to legally progress it. Also we regularly have fire practice and might discharge units that are at there end of there service life for what ever reason. Also if I was to give to people a unit we do not consider suitable for work, but is still a fully usable fire extinguisher, what they did with it at home is their business. So in summary no legal requirement. Quote Link to comment Share on other sites More sharing options...
game_boy Posted April 25, 2010 Author Report Share Posted April 25, 2010 No worries, it might be this bit you need, but I don't know for sure. 8. Duty not to interfere with or misuse things provided pursuant to certain provisions. No person shall intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety or welfare in pursuance of any of the relevant statutory provisions. Do you have a link to that bit ? Thanks. Quote Link to comment Share on other sites More sharing options...
KPV4 Posted April 25, 2010 Report Share Posted April 25, 2010 No worries, it might be this bit you need, but I don't know for sure. 8. Duty not to interfere with or misuse things provided pursuant to certain provisions. No person shall intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety or welfare in pursuance of any of the relevant statutory provisions. Spot On :unsure: Quote Link to comment Share on other sites More sharing options...
Shuck. Posted April 26, 2010 Report Share Posted April 26, 2010 No person shall intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety or welfare in pursuance of any of the relevant statutory provisions. Also if I was to give to people a unit we do not consider suitable for work, but is still a fully usable fire extinguisher, what they did with it at home is their business. So in summary no legal requirement. say hypothetically, if one were to attach a fire extinguisher to an office chair for a scientific experiment.. would it not be legal? thanks in advance Quote Link to comment Share on other sites More sharing options...
V8landy Posted April 26, 2010 Report Share Posted April 26, 2010 8. Duty not to interfere with or misuse things provided pursuant to certain provisions. No person shall intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety or welfare in pursuance of any of the relevant statutory provisions. say hypothetically, if one were to attach a fire extinguisher to an office chair for a scientific experiment.. would it not be legal? thanks in advance The above statment is from the Health and saftey @work act 1976, key word being WORK. So nothing applies outside of work! Also it is a guide line, like most HSE regs. So if you go to the likes of Halfords and buy a fire extinguisher and set it off out side the store or even attached to a chair, there is NO legal law you are breaking. And even now if I was to set off the one in my office, I am not breaking any law! I might very well get a written warning or may be disaplianry, but that is only the compnay providing that, more so for the waste of the unit not being used for a fire. Quote Link to comment Share on other sites More sharing options...
Ozzy Fudd Posted April 26, 2010 Report Share Posted April 26, 2010 say hypothetically, if one were to attach a fire extinguisher to an office chair for a scientific experiment.. would it not be legal? thanks in advance let me guess you tried it out and youre getting grief for it? Quote Link to comment Share on other sites More sharing options...
Shuck. Posted April 26, 2010 Report Share Posted April 26, 2010 The above statment is from the Health and saftey @work act 1976, key word being WORK. So nothing applies outside of work! Also it is a guide line, like most HSE regs. So if you go to the likes of Halfords and buy a fire extinguisher and set it off out side the store or even attached to a chair, there is NO legal law you are breaking. And even now if I was to set off the one in my office, I am not breaking any law! I might very well get a written warning or may be disaplianry, but that is only the compnay providing that, more so for the waste of the unit not being used for a fire. ahh sorry I usually mentally block out words like 'HSE and HASWA' etc. thanks for the advice let me guess you tried it out and youre getting grief for it? Nooo nothing like that it's just ehh useful to know these things ..just incase would be funny if it was illegal and you had 'discharging in public' on your record ..or would it Quote Link to comment Share on other sites More sharing options...
wingnut Posted April 26, 2010 Report Share Posted April 26, 2010 (edited) The above statment is from the Health and saftey @work act 1976, key word being WORK. So nothing applies outside of work!Also it is a guide line, like most HSE regs. So if you go to the likes of Halfords and buy a fire extinguisher and set it off out side the store or even attached to a chair, there is NO legal law you are breaking. And even now if I was to set off the one in my office, I am not breaking any law! I might very well get a written warning or may be disaplianry, but that is only the compnay providing that, more so for the waste of the unit not being used for a fire. Also it is a guide line, like most HSE regs. I think you mean Health and safety at work etc Act 1974, (not 1976) Act means law of the land, not guideline, it is there to be followed and there are severe penalties (financial / imprisonment) if they are not followed Regulations require compliance, once again severe penalties for those caught breaking the rules And even now if I was to set off the one in my office, I am not breaking any law! I might very well get a written warning or may be disaplianry, but that is only the compnay providing that, more so for the waste of the unit not being used for a fire. If you used the wrong type of extinguisher in the office you / or some one else could be severely affected by the contents,eg Co2, could cause asphyxiation, dry powder can cause severe respiratory problems, and if you used water on an electrical fire it could result in electrocution. If you were to be caught interfering with any item provided for your safety , and that means extinguishers, fire hose reels, or personal protectective equipment and it put you , or any one else in danger, then you and the company could be held liable in a court of law.! Out side of work you have a duty of care, if your negligent use of something like a fire extinguisher caused injury , harm or damage, you would be held responsible, any fine that you recieved would not be paid for by your insurance company. Edited April 26, 2010 by wingnut Quote Link to comment Share on other sites More sharing options...
KPV4 Posted April 26, 2010 Report Share Posted April 26, 2010 (edited) The above statment is from the Health and saftey @work act 1976, key word being WORK. So nothing applies outside of work! Also it is a guide line, like most HSE regs. So if you go to the likes of Halfords and buy a fire extinguisher and set it off out side the store or even attached to a chair, there is NO legal law you are breaking. And even now if I was to set off the one in my office, I am not breaking any law! I might very well get a written warning or may be disaplianry, but that is only the compnay providing that, more so for the waste of the unit not being used for a fire. Unfortunately you have been slightly miss-guided The Health and Safety at Work Etc Act 1974 is not HSE "guidance" it is legislation (or the law) a breach of which could lead to a heafty fine or worse, imprisonment. So please don't be miss-lead If for instance you were to set off or interfear with an extinguisher (at work) that was fitted as a safety system, and there was a resulting injury or loss to a person during a fire in the building because there not being fire-fighting equipment available to use (because it had been disscharged) you would be prosecuted for a breaches in the under the Health and Safety at Work Etc Act 1974 , RRO. If there were a death you would be on a gross negligance manslaughter charge, off to prison for 5-7 years and you may gain a boyfriend even if you don't want one!!! Edited April 26, 2010 by KPV4 Quote Link to comment Share on other sites More sharing options...
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