Safeguarding of
Workers (Liquefied Petroleum Gas) (Jersey) Regulations 1984[1]
1 Interpretation
In
these Regulations, unless the context otherwise requires –
“commercial butane”
means a hydrocarbon mixture consisting predominantly of butane, butylene or any
mixture thereof;
“commercial propane”
means a hydrocarbon mixture consisting predominantly of propane, propylene or
any mixture thereof;
“cylinder”
means any container the capacity of which does not exceed 50 kg in weight of
liquefied petroleum gas and includes any valve belonging to such container
which until activated retains liquefied petroleum gas therein;
“fire resisting
structure” means any of the following, that is to say, any building, part
of a building, structure, cabinet and enclosure which is constructed in
conformity with a specification for fire resisting structures approved for the
purposes of these Regulations by an inspector;
“liquefied petroleum
gas” means commercial butane, commercial propane and any mixture thereof
which is in liquid form as a result of the application of pressure greater than
prevailing atmospheric pressure or refrigeration, or both;
“pipe-line”
means a pipe or system of pipes for the conveyance of liquefied petroleum gas,
together with –
(a) any apparatus for inducing or facilitating
the flow of liquefied petroleum gas through, or through a part of, the pipe or
system;
(b) valves, valve chambers and similar works
which are annexed to, or incorporated in the course of, the pipe or system;
(c) a structure used or to be used solely for
the support of a part of the pipe or system;
and “pipe”
includes a flexible hose;
“responsible person”
shall be construed in accordance with Regulation 7;[2]
“road tanker”
means a motor vehicle within the meaning of the Road
Traffic (Jersey) Law 1956, which is constructed to carry
liquefied petroleum gas in a tank (whether or not divided into separate
compartments) which is structurally attached to, or is an integral part of, the
frame of the vehicle;
“supply” means
any supply of liquid petroleum gas –
(a) stored, conveyed or otherwise handled in
bulk as mentioned in Regulation 4; or
(b) contained in cylinders as mentioned in Regulation
5;
“tank” means
any container the capacity of which is more than 50 kg in weight of liquefied
petroleum gas.
2 Application
(1) Except
as provided in paragraph (2), these Regulations apply to any
supply –
(a) on any premises on which employees are employed, or any part thereof;
(b) in any machinery or plant used by employees; or
(c) in any process or description of manual
labour used by employees.[3]
(2) Nothing
in these Regulations shall apply to –
(a) any liquefied petroleum gas –
(i) stored (as fuel,
cargo or otherwise) in any fixed storage tanks on a vessel,
(ii) contained
in a pipe-line forming part of the vessel or its equipment;
(b) liquefied petroleum gas in the fuel tanks of
vehicles or engines for the purpose of operating the vehicles or engines;
(c) any suitable small closed container holding
not more than 500 cc of liquefied petroleum gas.
3 Exemption Certificates
(1) The
Minister may, subject to such conditions as may be specified therein, by
certificate in writing exempt from all or any requirements of these Regulations –
(a) any premises;
(b) any class or description of premises;
(c) any machinery, plant, process or description
of manual labour used by employees or any class or
description thereof used by employees; or
(d) any liquefied petroleum gas or any class or
description of liquefied petroleum gas,
if the Minister is
satisfied that the requirements in respect of which the exemption is granted
are not necessary for the protection of employees. [4]
(2) The
Minister may in his or her discretion revoke at any time a certificate granted
under paragraph (1).
4 Importation, storage and
handling of liquefied petroleum gas in bulk
(1) This
Regulation shall apply where liquefied petroleum gas in bulk is –
(a) stored in any tank;
(b) conveyed in a road tanker; or
(c) by means of a pipe-line –
(i) discharged as
cargo from any vessel,
(ii) loaded
into or discharged from a tank, or
(iii) loaded
into cylinders.
(2) All
storage tanks shall be in safe positions in the open air or below ground the
surface of which is wholly or mainly in the open air.
(3) While
liquefied petroleum gas is being conveyed in a road tanker, the vehicle, when
not being driven, shall be parked in a safe place or supervised at all times by
a competent person over the age of 18 years.
(4) All
cylinders which are to be loaded and all tanks and pipe-lines shall
be –
(a) designed, fabricated and tested in
accordance with a pressure vessel code for the time being approved for the
purpose of this Regulation by the Minister; and
(b) maintained in an efficient state, efficient
working order and good repair so as to prevent danger so far as is reasonably
practicable.
(5) All
tanks and pipe-lines shall be operated and used so as to prevent danger so far
as is reasonably practicable.
(6) All
cylinders which have been loaded shall be removed from the loading place as
soon as is reasonably practicable –
(a) to a safe position in the open air; or
(b) to a storeroom constructed of
non-combustible material being a storeroom which is adequately ventilated,
which either is in a safe position or is a fire resisting structure and which
is not used for any purpose other than the storage of liquefied petroleum gas
in cylinders.
5 Handling of cylinders
(1) This
Regulation shall apply where liquefied petroleum gas is contained in cylinders.
(2) All
such cylinders shall be –
(a) designed, fabricated and tested in
accordance with a pressure vessel code for the time being approved for the
purpose of this Regulation by the Minister;
(b) maintained in an efficient state, efficient
working order and good repair so as to prevent danger as far as possible; and
(c) operated and used so as to prevent danger so
far as is reasonably practicable.
(3) Where
the product of a number of cylinders is conducted to a single
outlet –
(a) such number and the total capacity of such
number of cylinders shall be as small as is reasonably practicable having
regard to the purpose for which their product is required; and
(b) all cylinders from which the product is so
conducted shall be in a safe position in the open air.
(4) All
cylinders when not in use shall be kept in safe positions in the open air, or
where this is not reasonably practicable, in a storeroom constructed of non-combustible
material being a storeroom which is adequately ventilated, which either is in a
safe position or is a fire resisting structure and which is not used for any
purpose other than the storage of liquefied petroleum gas in cylinders.
(5) No
liquefied petroleum gas other than in suitable cylinders shall be present in
any workplace and except as provided in paragraph (3) the number of
liquefied petroleum gas cylinders present at any one time in any workplace shall
be as small as is reasonably practicable having regard to the purpose for which
they are required.
(6) Every
liquefied petroleum gas cylinder shall be stored until such time before being first
required for use or manipulation as is reasonably practicable, and when its
contents have been expended shall, as soon as reasonably practicable, be
removed from the workplace.
6 Warning marks
(1) Except
where it is impracticable to do so, and except as provided in paragraph (2),
every cylinder and storeroom used for storing liquefied petroleum gas shall be
clearly and boldly marked “Highly Flammable – L.P.G.” or
otherwise to the like effect.
(2) Where
it is impracticable to mark any cylinder or store room in accordance with paragraph (1),
the words “Highly Flammable – L.P.G.” shall be clearly and
boldly displayed as near to it as possible.
(3) Every
tank shall be marked as mentioned in paragraph (1).
(4) Nothing
in paragraphs (1) and (2) shall apply to any aerosol dispenser in which
the amount of liquefied petroleum gas contained is not in excess of either 45%
by weight of the total contents or 250 g in weight.
7 Duties of the
responsible person[5]
(1) It
shall be the duty of every –
(a) employer;
(b) self-employed
person; and
(c) person
having to any extent control of premises, plant or substances,
to observe these Regulations
in so far as they relate to matters within his or her control, and references
to the “responsible person” shall be construed accordingly.
(2) For
the purposes of paragraph (1)(c), a person who has by virtue of any
contract or tenancy an obligation to any extent in relation to the –
(a) maintenance
or repair of any premises; or
(b) safety
of or absence of risks to health arising from plant or substances,
shall be treated as being
a person who has control of the matters to which the person’s obligation
extends.
8 Duties of employees
It shall be the duty of every employee employed in any
premises to which these Regulations apply, or using any machinery, plant,
process or description of manual labour to which these Regulations apply, to
comply with such of the requirements of these Regulations as relate to the
doing of or refraining from an act by the employee and to the use by the
employee of any machinery, plant, process or description of manual labour and
to co-operate in carrying out these Regulations. If such employee
discovers any defect in the machinery, plant, process or description of manual
labour, it shall be the employee’s duty to report such defect without delay
to the responsible person.[6]
9 Citation
These Regulations may be
cited as the Safeguarding of Workers (Liquefied Petroleum Gas) (Jersey)
Regulations 1984.