“ship” includes every description of vessel used in navigation, other than a ship forming part of Her Majesty’s Navy or an offshore installation; and

areas used directly for and during the medical treatment of patients;

gas fittings within the meaning of the Gas Safety (Installation and Use) Regulations (Northern Ireland) 1997

S.R. 1997 No. 194

the manufacture, handling, use, storage and transport of explosives or chemically unstable substances;

any activity at a mine within the meaning of section 156(1) of the Mines Act (Northern Ireland) 1969

1969 c. 6 (N.I.)

any activity at a quarry within the meaning of Article 2(2) of the Quarries (Northern Ireland) Order 1983

S.I. 1983/150 (N.I. 4)

any activity at a borehole site within the meaning of regulation 2(1) of the Borehole Sites and Operations Regulations (Northern Ireland) 1995

S.R. 1995 No. 491

any activity at an offshore installation carried out for the purposes of the offshore installation; and

the use of means of transport by land, water or air which is regulated by international agreements and the European Community Directives giving effect to them insofar as they fall within the disapplication in Article 1.2.(e) of Council Directive 99/92/EC on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres

O.J. No. L23, 28.1.00, p. 57

the duties of the employer under regulations 6(5)(f) and 7(5) (which relate, respectively, to the provision of suitable personal protective equipment and the provision of appropriate work clothing) shall not extend to persons who are not his employees; and

the duties of the employer under regulations 8 and 9 (which relate, respectively, to dealing with accidents and to provision of information, instruction and training) shall not extend to persons who are not his employees, unless those persons are at the workplace where the work is being carried on and subject to the following, namely, that, in relation to the application of regulation 9 to such persons, regulation 9 shall apply to the extent that is required by the nature and the degree of the risk.

the hazardous properties of the substance;

information on safety provided by the supplier, including information contained in any relevant safety data sheet;

activities, such as maintenance, where there is the potential for a high level of risk;

the effect of measures which have been or will be taken pursuant to these Regulations;

the likelihood that an explosive atmosphere will occur and its persistence;

the likelihood that ignition sources, including electrostatic discharges, will be present and become active and effective;

the scale of the anticipated effects of a fire or an explosion;

any places which are or can be connected via openings to places in which explosive atmospheres may occur; and

such additional safety information as the employer may need in order to complete the risk assessment.

there is reason to suspect that the risk assessment is no longer valid; or

there has been a significant change in the matters to which the risk assessment relates including when the workplace, work processes, or organisation of the work undergoes significant changes, extensions or conversions;

the measures which have been or will be taken by him pursuant to these Regulations;

sufficient information to show that the workplace and work processes are designed, operated and maintained with due regard for safety and that, in accordance with the Provision and Use of Work Equipment Regulations (Northern Ireland) 1999

S.R. 1999 No. 305, as amended by S.I. 1999/2001, S.R. 2000 No. 81 and S.I. 2001/1701

an assessment has been made; and

the measures required by these Regulations have been implemented.

to control risks, including the measures specified in paragraph (4); and

to mitigate the detrimental effects of a fire or explosion or the other harmful physical effects arising from dangerous substances, including the measures specified in paragraph (5).

the reduction of the quantity of dangerous substances to a minimum;

the avoidance or minimising of the release of a dangerous substance;

the control of the release of a dangerous substance at source;

the prevention of the formation of an explosive atmosphere, including the application of appropriate ventilation;

ensuring that any release of a dangerous substance which may give rise to risk is suitably collected, safely contained, removed to a safe place, or otherwise rendered safe, as appropriate;

the segregation of incompatible dangerous substances.

the reduction to a minimum of the number of employees exposed;

the avoidance of the propagation of fires or explosions;

the provision of explosion pressure relief arrangements;

the provision of explosion suppression equipment;

the provision of plant which is constructed so as to withstand the pressure likely to be produced by an explosion; and

the provision of suitable personal protective equipment.

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;

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;

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

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.

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

displayed at the workplace, unless the results of the risk assessment make this unnecessary.

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

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

suitable and sufficient information, instruction and training on the appropriate precautions and actions to be taken by the employee in order to safeguard himself and other employees at the workplace;

the significant findings of the risk assessment.

adapted to take account of significant changes in the type of work carried out or methods of work used by the employer; and

provided in a manner appropriate to the risk assessment.

the conditions, if any, which it proposes to attach to the exemption; and

any requirements imposed by or under any statutory provisions which apply to the case,

“Her Majesty’s Forces” means any of the naval, military or air forces of the Crown, whether raised inside or outside the United Kingdom and whether any such force is a regular, auxiliary or reserve force, and includes any civilian employed by those forces;

“visiting force” has the same meaning as it does for the purposes of any provision of Part 1 of the Visiting Forces Act 1952

1952 c. 67 (15 & 16 Geo 6 & 1 Eliz 2)

“headquarters” means a headquarters for the time being specified in Schedule 2 to the Visiting Forces and International Headquarters (Application of Law) Order 1999

S.I. 1999/1736

any of Her Majesty’s Forces;

any visiting force;

any member of a visiting force working in or attached to a headquarters; or

any person engaged in work involving dangerous substances, if that person is under the direct supervision of a representative of the Secretary of State for Defence,

which is or has been in use on or before 30th June 2003 shall comply with the requirements of regulations 7 and 11 no later than 30th June 2006 and the employer’s duties under those regulations in respect of such a workplace shall apply accordingly;

which is used for the first time after 30th June 2003 shall comply with the requirements of regulations 7 and 11 from the date that it is first used and the employer’s duties under those regulations in respect of such a workplace shall apply accordingly.