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The Control of Substances Hazardous to Health Regulations 2002

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Arrangements to deal with accidents, incidents and emergencies

13.—(1) Subject to paragraph (4) and without prejudice to the relevant provisions of the Management of Health and Safety at Work Regulations 1999(1), in order to protect the health of his employees from an accident, incident or emergency related to the presence of a substance hazardous to health at the workplace, the employer shall ensure that—

(a)procedures, including the provision of appropriate first-aid facilities and relevant safety drills (which shall be tested at regular intervals), have been prepared which can be put into effect when such an event occurs;

(b)information on emergency arrangements, including—

(i)details of relevant work hazards and hazard identification arrangements, and

(ii)specific hazards likely to arise at the time of an accident, incident or emergency, is available; and

(c)suitable warning and other communication systems are established to enable an appropriate response, including remedial actions and rescue operations, to be made immediately when such an event occurs.

(2) The employer shall ensure that information on the procedures and systems required by paragraph (1)(a) and (c) and the information required by paragraph(1)(b) is—

(a)made available to relevant accident and emergency services to enable those services, whether internal or external to the workplace, to prepare their own response procedures and precautionary measures; and

(b)displayed at the workplace, if this is appropriate.

(3) Subject to paragraph (4), in the event of an accident, incident or emergency related to the presence of a substance hazardous to health at the workplace, the employer shall ensure that—

(a)immediate steps are taken to—

(i)mitigate the effects of the event,

(ii)restore the situation to normal, and

(iii)inform those of his employees who may be affected;

(b)only those persons who are essential for the carrying out of repairs and other necessary work are permitted in the affected area and they are provided with—

(i)appropriate personal protective equipment, and

(ii)any necessary specialised safety equipment and plant,

which shall be used until the situation is restored to normal; and

(c)in the case of an incident or accident which has or may have resulted in the release of a biological agent which could cause severe human disease, as soon as practicable thereafter his employees or their representatives are informed of—

(i)the causes of that incident or accident, and

(ii)the measures taken or to be taken to rectify the situation.

(4) Paragraph (1) and, provided the substance hazardous to health is not a carcinogen or biological agent, paragraph (3) shall not apply where—

(a)the results of the risk assessment show that, because of the quantity of each substance hazardous to health present at the workplace, there is only a slight risk to the health of employees; and

(b)the measures taken by the employer to comply with the duty under regulation 7(1) are sufficient to control that risk.

(5) An employee shall report forthwith, to his employer or to any other employee of that employer with specific responsibility for the health and safety of his fellow employees, any accident or incident which has or may have resulted in the release of a biological agent which could cause severe human disease.

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