Additional emergency measures in respect of dangerous substances

16.—(1) Subject to paragraph (4), in order to safeguard the safety of relevant persons arising from an accident, incident or emergency related to the presence of a dangerous substance in or on the premises, the responsible person must ensure that—

(a)information on emergency arrangements is available, 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;

(b)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;

(c)where necessary, before any explosion conditions are reached, visual or audible warnings are given and relevant persons withdrawn; and

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

(2) Subject to paragraph (4), the responsible person must ensure that the information required by article 15(1)(a) and paragraph (1)(a) of this article, together with information on the matters referred to in paragraph (1)(b) and (d) is—

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

(b)displayed at the premises, unless the results of the risk assessment make this unnecessary.

(3) Subject to paragraph (4), in the event of a fire arising from an accident, incident or emergency related to the presence of a dangerous substance in or on the premises, the responsible person must ensure that—

(a)immediate steps are taken to—

(i)mitigate the effects of the fire;

(ii)restore the situation to normal; and

(iii)inform those relevant persons 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 must be used until the situation is restored to normal.

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

(a)the results of the risk assessment show that, because of the quantity of each dangerous substance in or on the premises, there is only a slight risk to relevant persons; and

(b)the measures taken by the responsible person to comply with his duty under article 12 are sufficient to control that risk.

 

What the Guidance says:

This article imposes various duties on the responsible person to make sure that
employees and other relevant persons are safe in the event of an accident or emergency
involving dangerous substances. The definition of relevant persons means any person
(including the responsible person) who is or may be lawfully on the premises and
any person in the immediate vicinity of the premises who is at risk from a fire on the
premises. In the case of an accident or emergency involving dangerous substances the
immediate vicinity could be quite wide, it is not defined in the Order as it will vary from
building to building.
The responsible person is required to provide information on emergency arrangements
to the accident and emergency services to enable them to prepare their response to
an incident, and to display this information, unless the results of the risk assessment
make this unnecessary. In the event of fire, the responsible person must ensure that
immediate steps are taken to mitigate the effects of the fire, restore the situation to
normal, and inform relevant persons who may be affected. The responsible person must
also ensure that only essential personnel are permitted in the affected area, and they are
issued with protective equipment and clothing, and safety equipment.