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The Dangerous Substances and Explosive Atmospheres Regulations 2002

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Arrangements to deal with accidents, incidents and emergencies

8.  (1)  Subject to paragraph (4), in order to protect the safety of his employees from an accident, incident or emergency related to the presence of a dangerous substance 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;

(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;

(d)where necessary, before any explosion conditions are reached, visual, or audible, warnings are given and employees withdrawn; and

(e)where the risk assessment indicates it is necessary, escape facilities are provided and maintained to ensure that, in the event of danger, employees can leave endangered places promptly and safely.

(2) Subject to paragraph (4), the employer shall ensure that information on the matters referred to in paragraph (1)(a), (c) to (e) 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, unless the results of the risk assessment make this unnecessary.

(3) Subject to paragraph (4), in the event of an accident, incident or emergency related to the presence of a dangerous substance 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; and

(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 protective clothing; and

(ii)any necessary specialised safety equipment and plant,

which shall be used until the situation is restored to normal.

(4) Paragraphs (1) to (3) shall not apply where—

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

(b)the measures taken by the employer to comply with his duty under regulation 6(1) are sufficient to control that risk.

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