Environment Fire Safety Law - Literature review Example

Environment Fire Safety Law Name Institution Date Executive summary This paper explores key regulations a furniture business requires to consider. It focuses on environmental, safety and health and fire regulations in Wales with far reaching implications in the running of the business. Under each regulation explored, the paper delineates key provisions, enforcing agencies and contravening sanctions thereof. Table of Contents Environment Fire Safety Law 12 1 Environment Fire Safety Law 1 2.0 Environmental Regulations 5 2.1 The Environmental Permitting (England and Wales) Regulations 2010 5 2.2 Environmental Protection Act 1990 6 2.3 The pollution prevention and control (England and Wales) Regulations 2000 6 3.0 Fire safety 8 3.1 Regulatory Reforms, England and Wales: The Regulatory Reform (Fire Safety) Order 2005 8 4.0 Health and safety regulations 9 4.1 The Health and Safety at Work, etc Act 1974 9 5.0 Conclusions 10 References 11 1.0 Introduction According to Baxter (2005) the three environmental regulators in the UK are the Environment Agency for England and Wales (EA), the Scottish Environment Protection Agency (SEPA) and the Environment and Heritage Service Northern Ireland (EHSNI). They have developed a web-based tool called NetRegs that help organizations navigate through the laid down environmental legislation. Environmental regulations while setting up a business and other organizations are primarily for protecting the human health and the surroundings from harm within the context of sustainable development. They are required while setting up a wide range of businesses and commercial activities. The permits are granted by the Environmental Agency or the responsible local authority for the area in question (Deringer 2008). Business people are expected to acquire environmental permits that contain conditions that the permit holder is expected to fulfill to operate activities prescribed in the legislation. To facilitate compliance with environmental legal requirements, the organization need to identify all legal requirements applicable to the activities being carried out. This paper explores into relevant key legislations a furniture business may need to consider. The business has a sole-proprietor ownership and has an employee. Its activities include spray painting, varnishing and upholstery and lacquering. It has made space for parking the business van as well as staff cars. The law will be related to the needs of the business. 2.0 Environmental Regulations 2.1 The Environmental Permitting (England and Wales) Regulations 2010 The regulations came to force in April 2010 and extend to Wales and England only. Section 14 (1) explains that an environmental permit is an important document since it specifies the operations it allows (Environmental Permitting (England and Wales) Regulations 2010). It is therefore a criminal offence to carry out a business activity that requires a permit without a permit and it may lead to prosecution of the offenders. Since the furniture business will be generating waste, working without a permit is a breach of a waste management license, if a third party was to suffer injury as a result; they would be entitled to claim for the damage. According to Deringer (2008), breaching the environmental law is criminal since criminal offences arise as a result of polluting an environment medium which is the subject of protection by the environment permit in relation to the activity undertaken or the discharge or emissions made. The regulations set out the facilities that need an environment permit or registered as exempt and how to apply for, change, extend and surrender a permit and register an exemption. It has standardized rules for permitting system. Section 39 1(a) provides for a fine not exceeding fifty thousand pounds or imprisonment of a term not exceeding two years or to both for any violation of the Act (Environmental Permitting (England and Wales) Regulations 2010). 2.2 Environmental Protection Act 1990 The Environmental Protection Act (1990) provides stipulations on how nuisance such as smoke, smell or noise from nearby industry are supposed to be treated by the local industry. The Act makes provision for statutory nuisance such as fumes, dust, steam and smells from business premises. If not taken care of, fumes generated from spray painting may be a nuisance to the neighboring businesses. Under the Environmental protection Act, an Environmental Health Officer (EHO) or a Technical Officer may require the person causing the nuisance to stop failure to which they may be prosecuted by the local authority (Deringer 2008). Licences for waste management are issued by waste management authorities. Section 35 (6) of the Act makes a provision for the secretary of state to make regulations about what is to be included in the licence. According to sectio 40 of the Act one can transfer a license and any decision refusing to grant a license can be appealed to the Secretary of State. The Environent Agenc and the Scittish Environment Protection Agency are responsible for licensing waste management facilities. The Agency can bring to prosecution if there is evidence of illegal waste management. Breach of the duty of care is a criminal offence. The offence is punishable be a fine of five thousand pounds on summary conviction or an unlimited fine on conviction on indictment (The Environmental Protection Act 1990). 2.3 The pollution prevention and control (England and Wales) Regulations 2000 It is also important the the management and emmployees of the furniture business unit understands the implications in the provisions of this Act. In section 11 (1) the regulations, applicable in the Wales and England, provide for the following principles for installing and running a plant. It provides that management must take all appropriate preventative measures against pollution by using the best techniques available. As such, the Act also principally provides that no significant pollution should be caused. The same section provides that one avoids waste production as provided for by the Council Directive and that there is efficient use of energy (United Kingdom 2000). Any waste should be recovered where possible or otherwise disposed in such a way that there is minimal environmental impact. Such principles guide the issuance conditions of permits by the regulating body and cancellation thereof. As per 12 (8), the permit allows and gives guidelines for the limits of pollutant emissions (House of Commons 2007). It is important that the installation is keen on the amout of emmissions given by activities such as spray paints. The employees should be at best protected from harm of fumes. Apart from the permits, the business is also bound to acquire the state-of-art techniques and equipment. These may often change as regulators must peridically review the conditions of permits at any time. As provided in Sec 15 (2), these changes are prompted by a need to revise unsustainable limits as well as address significant changes concerning the best available techniques. These regulations are enforced by the Environmental Agency which is the licensing agency of the government. Upon any contravening of the regulations by any party, the agency may institute civil sanctions against the party. Such sanctions may include permit suspensions or revokation. The agency may issue enforcement and suspension notices as provided. Legal sanctions provided for include a fine not exceeding £20,000 or 6 months imprisonment for contravening section 9 (1), permit conditions, enforcement and suspension notices and court orders (United Kingdom 2000). An indictiment on the same yields 5 years imprisonment or fine or both. A statutory maximum fine for summary conviction or five years imprisonment or fine is the sanction for one contravening 28 (2), 16(1), court orders or giving misleading information or deception. Additionally, corporate contravention is focused upon from the point of concern of the role of individual managers facilitating contraventions. 3.0 Fire safety 3.1 Regulatory Reforms, England and Wales: The Regulatory Reform (Fire Safety) Order 2005 This order came into force in 2006, October as a replacement and a combination of 70-plus fire safety pieces of law. This order is applicable to all non-domestic installations and premises in Wales and England. For the furniture business, the provisions stipulated by this legislation are not only vital for prevention in the face of risk of business loss, but also to cater for the lives of employees and surroundings. This business deals in wooden materials and highly flammable chemicals in paints and other materials used in making furniture (Institution of Chemical Engineers (Great Britain) 2001). In addition, the business is located in an industrial unit. As such, there is foreseeable risk of loss in related fires, making this legislation of particular importance to the management. Part 2, 8(1) provides that the owner and manager of the business owes duty of care to take fire precautions against employees and any other relevant persons as well as premises (Grice 2008). As such, one is bound to undertake risk assessment provided in 9 (1-8). It also provided that one makes fire safety arrangements, minimizes or eliminates risks from hazardous substances, install fire detection and fighting equipment, establish distinct and well-marked emergency routes and exits and establishes fire management and rescue procedures in the premises (United Kingdom 2005). Employees are entitled to fire-prevention and management information and also owes duty of care to himself, others, employer and property while at work. In Wales, this legislation is enforced by the Fire and Rescue Service which has fire inspectors authorized by the law to enforce the legislation. These inspectors may give either enforcement or prohibition notices to premises managers in the view of enforcing the law. Failure to comply with the legislation attracts sanctions for both individuals and corporates (Grice 2008). However there is a greater focus on individuals for failing to exercise reasonable duty of care. Under sec 32 (11), there are no provisions to accord an employer any defense in a criminal litigations entailing contravening the legislation. 4.0 Health and safety regulations 4.1 The Health and Safety at Work, etc Act 1974 The Act makes a provision for ensuring the health and safety of all employees in any work activity. It provides for the health and safety of anyone involved in the business. Everyone either employee or employer should comply with the provisions made in the Act. Section two of the Act places the duty of protecting the employees on the employer. The employer is required to consult with the trade union safety representatives on matters affecting the health and safety of the employees. It also makes a provision that the employees are not endangered by the work premises. The Act in section six obligates the designers, manufacturers and suppliers to ensure that their items are safe for use. The act requires in section two that when the business has more than five employees a written health and safety policy to be put in place and all the employees notified about it. The Act requires that a straightforward risk assessment be carried out for a typical office. The only time the assessment is expected to be complicated is when the business being set up deals with serious hazards such as a chemical plant or laboratory. The Act is the basis of British health and safety law. What it requires is good management by the employer and the common things they need to do to tackle possible risks and take sensible measures (Health and Safety Executive 2008). The regulators of the Act is the Inspectorate of Health and Safety Executive and the environment health officers in local authorities. In case of breach of the legislation, the violators can be taken to court where if convicted may pay a fine not exceeding 400 or imprisonment for a term not exceeding two years or both depending on the offences commited. 5.0 Conclusions There are various regulations, policies and Acts enacted in view of environmental protection. This paper has attempted to explore key regulations the furniture business may need to consider in its operations. Of essense is the need to protect the surroundings and human beings from harm. The regulations focus on the use of permits in ensuring that installations and businesses exercise environmental pollution restraints. On fire safety, the regulation focused upon has entrenched on tests. Finally, the health and safety Act entrenches and enforces safety of employees in work. Such regulations have far reaching implications on managements since they carry a cost effect as well as respective sanctions upon contravening. References Baxter, M. (2005). Managing compliance with enviromental law: Agood practice guide. Lincoln: Institute of Environmental Manageement and Assessment. Baxter, M. 2005. Managing compliance with enviromental law: Agood practice guide. Lincoln: Institute of Environmental Manageement and Assessment. Deringer, F. 2008. The international comparative legal guide to:Environmental law 2008. London: Global legal group. Grice, A. (2008). Fire risk : fire safety and its practical application. Thorogood: London . Health and Safety Executive. (2008, March). Health and Safety regulation:A short guide. Retrieved March 15th , 2012, from The health and safety regulation: http://www.hse.gov.uk/pubns/hsc13.pdf House of Commons. 2007. Crossrail bill. London: TSO. Institution of Chemical Engineers (Great Britain) . 2001. The Chemical Engineer. London: Institution of Chemical Engineers (Great Britain). United Kingdom. 2000. The Pollution Prevention and Control (England and Wales) Regulations 2000. London : United Kingdom. United Kingdom. 2005. Regulatory Reform, England and Wales: Regulatory Reform (Fire Safety) Order 2005. London: The stationery office Limited:Printers of Acts of parliament. Read More