Jersey R & O 9048

Health and Safety at Work (Jersey) Law 1989

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SAFEGUARDING OF WORKERS (HIGHLY FLAMMABLE LIQUIDS) (AMENDMENT) (JERSEY) REGULATIONS 1997

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(Promulgated on the 19th day of February 1997)

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STATES OF JERSEY

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The 18th day of February 1997

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THE STATES, in pursuance of Article 9 of the Health and Safety at Work (Jersey) Law 1989,1 as amended, have made the following Regulations –

1.             In Regulation 1 of the Safeguarding of Workers (Highly Flammable Liquids) (Jersey) Regulations 19792 (hereinafter referred to as “the principal Regulations”), in paragraph (1), after the definition of “prescribed” there shall be added the following definition –

“ ‘responsible person’ shall be construed in accordance with Regulation 4.”.

2.             In Regulation 3 of the principal Regulations, in paragraph (1), for the word “workers” there shall be substituted the word “employees”.

3.             For Regulation 4 of the principal Regulations there shall be substituted the following Regulation –

“GENERAL

4.-(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 control, and references to the ‘responsible person’ shall be construed accordingly.

(2)          For the purposes of sub-paragraph (c) of paragraph (1), 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 risk to health arising from plant or substances,

shall be treated as being a person who has control of the matters to which his obligation extends.”.

4.             In the heading to Part III of the principal Regulations, for the word “WORKERS” there shall be substituted the word “EMPLOYEES”.

5.             In Regulation 17 of the principal Regulations, for the words “a worker” there shall be substituted the words “an employee”.

6.             In Regulation 18 of the principal Regulations, for the word “workers” there shall be substituted the word “employees”.

7.             In Regulation 20 of the principal Regulations –

(a)     for the words “one hundred pounds” there shall be substituted the words “level 2 on the standard scale”; and

(b)     for the words “ten pounds” there shall be substituted the words “level 1 on the standard scale”.

8.             These Regulations may be cited as the Safeguarding of Workers (Highly Flammable Liquids) (Amendment) (Jersey) Regulations 1997 and shall come into force on the first day of May 1997.

G.H.C. COPPOCK

Greffier of the States.