Work Health & Safety legislation; the fire engineer’s neglected duty?

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Abstract

Fire engineers are in general, aware of their duties under Building legislation. However, they are often unfamiliar of separate duties under Work Health and Safety legislation. This paper describes an Australian case-study, but one that is presented generally so as to have applicability in those other jurisdictions where similar Work Health and Safety obligations exist. As society becomes safer, Work Health and Safety has evolved from being solely about the employer–employee relationship, to also impose duties on other participants, such as building designers. Fire engineers are building designers that by the very nature of their work, directly influence the safety of a workplace. Most buildings upon which fire engineering is practiced are workplaces. Under Building legislation, fire engineers must design to minimum performance requirements. In the process, usually adopting the most cost effective approach and thereby creating economic benefits. Under Work Health and Safety legislation however, fire engineers have a duty to adopt the highest possible level of precautions, unless it is not reasonably practicable to do so. The reasonably practicable test must follow the hierarchy of controls and consider all relevant matters, the last of which is cost. Fire engineers that ignore Work Health and Safety duties, intentionally or not, are exposed to claims of negligence.

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