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#1 Posted : 16 August 2006 16:22:00(UTC)
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Posted By Alexander Falconer
I am trying to identify which key pieces of legislation impose a duty on organisations to establish a duty of care towards providing Emergency Response services in the aftermath of such events that require coordination, clean up, etc, etc

The only piece of information that I keep coming across are the requirements specified as part of management systems standards(ISO 14001 & OHSAS 18001, etc).

I have came across the Civil Contingences Act 2004 which places the required duty, however my understanding is this applies to local authorities/councils only, or am I wrong

I welcome comments from my self esteemed practitioners


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#2 Posted : 17 August 2006 07:51:00(UTC)
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Posted By Bob Youel

HSWA 1974 covers the issue - safe systems of work etc - irrespective of any other law etc -

whilst every situation is not covered in detail [ impossible] try arguing that you did not have emergency situations adequately managed i.e self rescue re rope work / sewers etc

Additionally the EPA re the 'producer pays' principal puts the onus on the controller/owner
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#3 Posted : 17 August 2006 08:33:00(UTC)
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Posted By Stupendous Man
Alexander,

While the majority of responsibilities will lie with the Category 1 responders (local authorities, police, fire etc), you may wish to see how those responsibilities may impact on your own operations.

For example, I know that bus companies can have their vehicles commandeered (not sure of this is just by the military or extends to other Cat 1 responders). You may wish to evaluate the facilities that your organisation has that may be called upon in an emergency situation, then have a chat with your local authority emergency planning department to try and get a feel for how their plans may involve you. Granted, the emergency planners will not divulge details of their plans, but I am sure that they would co-operate as far as they can and would welcome your input.

In terms of other legislation - I'm not sure of any specifics. As Bob has stated, your own responsibilities to your employees and non-employees still apply. You may find that an emergency situation limits your opportunities to reduce risks to the same extent - the notion of what is reasonable will vary from situation to situation.
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#4 Posted : 18 August 2006 15:29:00(UTC)
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Posted By Pierre de Carteret
The Management of Health and Safety at Work Regulations 1999
Health and safety arrangements
5. - (1) Every employer shall make and give effect to such arrangements as are appropriate, having regard to the nature of his activities and the size of his undertaking, for the effective planning, organisation, control, monitoring and review of the preventive and protective measures.

I think the above covers practically everything even though it doesn't specify recovery measures. Personal experience when discussing arrangements with Councils, Police and Fire Service etc is very good and often results in robust agreements.

Think of the Buncefield experience and I think people are now a lot more interested in discussing and agreeing safety arrangements!

When you look at this subject laterally it merely takes a Hazid or Hazop to its complete conclusion...

Have fun!
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#5 Posted : 18 August 2006 16:50:00(UTC)
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Posted By Bill Parkinson
Why not contact the Emergency Planning Office or go onto their website.
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#6 Posted : 18 August 2006 17:08:00(UTC)
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Posted By Jay Joshi
In house Health and Safety "Emergency Response" arrangements will depend upon the activities and potential scenarios that can occur. This is covered by several individual regulations, but Regulation 8 of the Management Regulations is "universally" applicable in the workplace

Management of Health & SAfety at Work Regs-Regulation 8 -Procedures for serious and imminent danger and for danger areas

COSHH
Regulation 13 -Arrangements to deal with accidents, incidents and emergencies

Control of Asbestos at Work Regulations 2002
Regulation 14-Arrangements to deal with accidents, incidents and emergencies

DSEAR
Regulation 8 -Arrangements to deal with accidents, incidents, and emergencies


This does not include environmental legislation for arrangements to respond to environmental incidents!
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