Following the multiple fatalities on the M5 recently, as expected with an event of this magnitude there is much speculation into the cause; one theory is that a nearby Guy Fawkes fire works display may have played a part in this tragic event. The speculation started after witnesses reported "significant smoke" across the carriageway that was "impossible to drive through".
Assistant Chief Constable Anthony Bangham said: “Our main line of inquiry has now moved towards the event that was on the side of the carriageway."
Transport Secretary Justine Greening warned against speculation surrounding the accident. "It would be a mistake at this very early stage to speculate about the causes of the collision”.
Fireworks displays are not licensable activities under the Licensing Act. The Licensing Act covers a wide range of activities from live music to the sale of alcohol but does not encompass fireworks displays however, under the Highway Act Section 161A, “Annoyance by fires is mentioned; “in consequence a user of any highway which consists of or comprises a carriageway is injured, interrupted or endangered by, or by smoke from, that fire or any other fire caused by that fire, that person is guilty of an offence and liable to a fine”.
Considerations for fire, smoke, pyrotechnics, fireworks, their fallout and potential hazards should be made when planning events including; Firework Displays, Up Helliar, New Year Celebrations and Launching Chinese Sky lanterns.
Under Section 3 of the Health and Safety at Work etc. Act 1974 it shall be the duty of every employer to conduct his undertakings in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who maybe affected are not exposed to risks to their health and safety.
The Health and Safety Executive (HSE) issues guidance to operators and organisers of fireworks displays HSG123, however, it doesn't mention smoke drift as a hazard.
The HSE do nevertheless, provide guidance for display organisers on issues such as managing crowds safely and what to do if something goes wrong as well as giving safety advice for those who are responsible for setting up and firing the fireworks.
Event organisers and businesses situated in proximity motorways, major highways or buildings should take location into consideration when planning such events, in particular; wind speed and direction, fireworks and their likely fall pattern.
Preventing Bonfire Smoke Nuisance
- Try to recycle or use alternative methods such as shredding documents and only have a bonfire at the last resort
- Choose the location of your bonfire carefully and have a spade, fork, hosepipe or extinguisher ready in case you need to extinguish the bonfire quickly
- Burn material in small amounts
- Communicate with neighbours and let your nearest neighbours know before you light your bonfire
- Only light a bonfire if the wind is blowing away from your neighbours, roads, footpaths or railway lines.
Do Not;
- Light a bonfire in close proximity to roads, motorways or railway lines, smoke could easily affect visibility.
- Light or burn damp grass cuttings or garden waste as this can produce thick smoke.
- Burn foam, rubber, oily rags or plastics as these can produce toxic smoke.
- Light a bonfire when neighbours have hung out their washing or are enjoying their gardens.
- Leave a bonfire unattended or allow the bonfire to smoulder for long periods of time or overnight
Smoke from chimneys and dust particles from factories are also some of the problems that can be experienced.
The recent fatal incident on the M5 is the second similar occurrence in the last 12 months connected with the effects of fire or smoke in close proximity to transport networks; earlier in the year Transport Secretary Philip Hammond ordered an audit of road and railways at possible risk from industrial accidents after the scrapyard fire that caused major M1 disruption.
Thousands of businesses operate under or close to bridges, motorways and railway lines which could be affected by the review. Businesses should ensure the safe storage of dangerous substances in substantial quantities which may create a serious risk.
For further advice contact us