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Regulation 11 Elimination or reduction of risks from dangerous substancesI1

Northern Ireland

(1)

Where a dangerous substance is present in relevant premises, a person having duties under Article 25 or 26 shall ensure that risk to relevant persons related to the presence of the substance is either eliminated or reduced so far as is reasonably practicable.

(2)

In complying with the duty under paragraph (1), a person shall, so far as is reasonably practicable, replace a dangerous substance, or the use of a dangerous substance, with a substance or process which either eliminates or reduces the risk to relevant persons.

(3)

Where it is not reasonably practicable to eliminate risk pursuant to paragraphs (1) and (2), a person shall, so far as is reasonably practicable, apply measures consistent with the assessment under Article 25 or 26 and appropriate to the nature of the activity or operation, including the measures specified in Article 51 to—

(a)

control the risk; and

(b)

mitigate the detrimental effects of fire.

(4)

In complying with the duty under paragraph (3), a person shall, so far as is reasonably practicable, undertake the control measures as outlined in the Schedule in respect of Dangerous Substances.

(5)

The person with duties under Article 25 or 26 shall also—

(a)

arrange for the safe handling, storage and transport of dangerous substances and waste containing dangerous substances; and

(b)

ensure that any conditions necessary pursuant to these Regulations and the 2006 Order for ensuring the elimination or reduction of risk are maintained.

Annotations

Commencement

I1

Reg. 11 in operation at 15.11.2010, see reg. 1