The Health and Safety Executive (HSE) has said that it will assess the safety of the National Fire Chiefs Council proposal to allow firefighters to be deployed beyond the bridgehead wearing their breathing apparatus (BA), but not under air.
The FBU publicly criticised the HSE last month for failing to properly investigate the policy.
The union wrote to the HSE on 27 May 2022 calling on it to use its statutory powers to investigate and bring an end to the policy after several fire and rescue services pushed ahead with its implementation, despite a successful safety challenge to an independently chaired safety panel in London Fire Brigade ruling that the policy deliberately breaches health and safety laws.
After a year of delays, the HSE responded declaring that the issue fell outside of its remit. This was despite a judge ruling in February 2022 that the concerns raised by the FBU should be dealt with within the HSE’s remit for investigation.
It was on this basis that the judge refused to grant a judicial review.
In early August, the HSE appeared to be in the process of an about-turn on the issue. In a letter to FBU officials, HSE representatives apologised for their lack of action and indicated that they would now investigate the safety of the policy.
They made clear in the same letter that the matter was not closed.
The change to breathing apparatus safety procedures is one of the biggest threats to firefighters’ health and safety in decades
In the meantime, the FBU said all options remain available to challenge the practice, including legal and industrial action.
In a circular to members last month, the union made its position on the policy clear: “as a professional firefighter and breathing apparatus-wearer you should not put yourself in a position of danger above the bridgehead with non-activated breathing apparatus.”
Riccardo la Torre, FBU national officer, said: “The change to breathing apparatus safety procedures is one of the biggest threats to firefighters’ health and safety in decades.
“The Health and Safety Executive’s failure to act to stop it is a dereliction of duty from a public agency, while their failure to respond to such an urgent matter in a timely manner was an insult to the firefighters whose lives are at risk from this policy.
“We welcome that they are now reconsidering their position.
“We will continue to hold the HSE to account and challenge any fire and rescue service that tries to implement this practice.
“We are prepared to take whatever action is necessary to stop this policy – and we will keep members updated on where this campaign goes next.”
