Introduction to Fire Safety Management

1.4
The legal framework for the 
 
regulation of fi re and health and 
safety
There are two main branches of law of interest to the 
safety professional, civil and criminal.
Each has a bearing on the conduct of both employ-
ers and employees while carrying out their work activ-
ities. Table 1.1 provides a comparison of some signifi -
cant aspects of both branches of law and the following 
paragraphs discuss the key aspects in more detail.
Figure 1.4
Uninsured 
costs
Product and material damage
Plans and building damage
Legal costs
Expenditure on emergency
supplies
Cleaning site
Production/service delays
and temporary labour
Investigation time
Supervisors’ time diverted
Clerical effort
Fines
Loss of expertise/experience
Uninsured costs
Insured costs
Covering injury,
ill health, damage

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Fire safety foundations
5
Aspect 
Criminal law 
Civil law
Primary source
Statutes, Orders, regulations issued
Legal precedent – the accumulation of decisions 
by Parliament
made in various cases
Purpose
To regulate society by punishing the offender
To compensate those who have suffered loss or harm 
and discouraging others 
as a result of others’ action or omissions
Judged by
Criminal court system 
Civil court system
Burden of proof
In general the defendant is presumed innocent
If there is suffi cient evidence to infer a breach has 
until proved guilty. 
However, for prosecutions
occurred the burden of proof moves to the defendant 
 
under section 40 of the HSWA it is the defendant
who must prove he has in fact acted ‘reasonably’
 
who must prove he has in fact acted ‘reasonably’