Workers (Highly Flammable Liquids) (Jersey) Regulations 1979
these Regulations, unless the context otherwise requires –
concentration of vapours”, means a concentration greater than the lower
flammable limit of the vapours;
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 being a
specification approved for the purposes of these Regulations by an inspector;
liquid” means any of the following, that is to say, any liquid, liquid
solution, emulsion or suspension which, when subjected to the tests for the
time being set forth in the Schedules to the United Kingdom Highly Flammable
Liquids and Liquefied Petroleum Gases Regulations 1972 (S.I. 1972 No.
917), gives off a flammable vapour at a temperature of less than 32 degrees
Celsius and supports combustion;
includes any place or part of any premises or place;
means prescribed by Order;
shall be construed in accordance with Regulation 4.
These Regulations apply
to premises, processes, operations and works where any highly flammable liquid
is present for the purposes of, or in connection with, any undertaking, trade or business, but not to –
in respect of which there is a licence in force under the Explosives
(Jersey) Law 1970;
highly flammable liquid which is stored (as fuel, cargo or otherwise) in any
fixed storage tank on a ship;
flammable liquid kept in sealed containers (other than aerosol dispensers)
which are displayed with a view to the sale by retail of the liquid if the
aggregate quantity of liquid so kept does not exceed 25 litres;
flammable liquid kept in aerosol dispensers which are displayed with a view to
the sale by retail of the liquid.
3 Exemption certificates
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;
class or description of premises;
machine, plant, apparatus, process, operation or work, or any class or
description of machines, plant, apparatus, processes, operations or works; or
highly flammable liquid or any class or description of highly flammable liquid,
if the Minister is
satisfied that the requirements in respect of which the exemption is granted
are not necessary for the protection of employees.
Minister may in his or her discretion revoke at any time a certificate granted
under paragraph (1).
DUTIES OF THE RESPONSIBLE PERSON
shall be the duty of every –
having to any extent control of premises, plant or
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.
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 –
or repair of any premises; or
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 the person’s obligation
as provided in paragraph (4) and except in the case of highly flammable
liquids present in any place in accordance with Regulation 7(3) or being
conveyed within the premises, all highly flammable liquids shall be
suitable fixed storage tanks in a safe position;
suitable closed vessels kept in a safe position in the open air and where
necessary protected against direct sunlight;
suitable closed vessels kept in a storeroom which either is in a safe position
or is a fire resisting structure; or
the case of a workroom where the aggregate quantity of highly flammable liquids
stored does not exceed 50 litres, in suitable closed vessels kept either in a
suitably placed cupboard or bin being a cupboard or bin which is a fire
resisting structure or in any structure approved for the purpose by an
in the case of tanks and vessels which have been emptied and made free of
vapour from highly flammable liquids, all openings (other than those necessary
for venting) in cupboards, bins, tanks and vessels
which have at any time been used for storing highly flammable liquids (whether
or not for the time being containing any highly flammable liquid) shall be kept
closed except as necessary for the use, operation or maintenance of these
cupboards, bins, tanks and vessels.
highly flammable liquids are stored in accordance with paragraph (1)(a), (b)
(c), all reasonably practicable steps shall be taken to ensure that any highly
flammable liquid which leaks, is spilt or otherwise escapes shall be contained
or immediately drained off into a suitable container or to a safe place, or
otherwise treated to make it safe.
in this Regulation shall apply –
far as it relates to the position and construction of tanks and storerooms, to
any tank or storeroom in respect of which there is a licence in force under any
enactment for the time being in force relating to the storage of petroleum-spirit;
highly flammable liquids in the fuel tanks of vehicles or engines for the
purpose of operating the vehicles or engines;
highly flammable liquid kept in suitable small closed
vessels if the aggregate quantity of liquid so kept does not exceed 5 litres.
6 Marking of storerooms, tanks, vessels, etc.
where it is impracticable to do so and except as provided in paragraph (3),
every storeroom, cupboard, bin, tank and vessel used
for storing highly flammable liquid shall be clearly and boldly marked
“Highly Flammable” or otherwise with an appropriate indication of
it is impracticable to mark any storeroom, cupboard, bin, tank
or vessel in accordance with paragraph (1), the words “Highly
Flammable Liquid” shall be clearly and boldly displayed as near to it as
in this Regulation shall apply to –
of the following, that is to say, any cupboard, bin, tank or vessel, which
contains spirits intended for human consumption;
fuel tanks of vehicles or engines which contain any highly flammable liquid for
the purpose of operating the vehicles or engines;
suitable small closed vessel containing not more than
125 ml of highly flammable liquid;
aerosol dispenser in which the amount of highly flammable liquid contained is
not in excess of either 45% by weight of the total
contents or 250 g in weight.
7 Precautions against spills and leaks
highly flammable liquids are to be conveyed within any premises, they shall,
where it is reasonably practicable so to do, be conveyed through a totally
enclosed system incorporating pipe-lines and pumps or
similar appliances. Where conveyance of highly flammable liquids within any
premises through such a totally enclosed system is not reasonably practicable,
they shall be conveyed in vessels which are so designed and constructed as to
avoid so far as is practicable the risk of spilling.
totally enclosed system used for such conveyance shall so far as is practicable
be so designed, constructed, installed, placed and
maintained as to avoid leakage.
quantity of any highly flammable liquid present at any one time in any
workplace in course of manufacture or for use or manipulation and in the
process tanks, process vessels, pipe-lines, pumps,
plant, equipment and apparatus in the workplace shall be as small as is
reasonably practicable having regard to the processes or operations being
reasonably practicable steps shall be taken to ensure that tanks or vessels
containing any highly flammable liquid do not leak. Every such tank and vessel
shall be kept closed except as necessary during the manufacture, use or
manipulation of the highly flammable liquid therein, or for the operation or
maintenance of the tank or vessel, and every such tank and vessel shall be so
designed, constructed and placed as to avoid so far as is reasonably
practicable the risk of spilling.
in any process or operation any highly flammable liquid is liable to be spilled
or to leak, all reasonably practicable steps shall be taken to ensure that any
highly flammable liquid which is spilt or leaks shall be contained or
immediately drained off into a suitable container or to a safe place, or
otherwise treated to make it safe.
tank or vessel used to contain any highly flammable liquid, other than a fixed
process tank, a fixed process vessel, a fixed storage tank, or a fixed storage
vessel shall, when its contents have been expended, unless it has been made
free of vapour from the liquid or is to be immediately re-used, be removed
without delay to a safe place in the open air or to a suitably placed storeroom
being a storeroom which is a fire resisting structure or be placed in a
suitably placed cupboard or bin being a cupboard or bin which is a fire
such empty tanks and vessels as aforesaid which have not been made free of
vapour from the liquid shall be kept in such a safe place or such a storeroom
cupboard or bin as aforesaid until next required for use or disposal, and any
such tank or vessel shall be kept closed.
8 Precautions against fire
means likely to ignite vapour from any highly flammable liquid shall be present
where a dangerous concentration of vapours from highly flammable liquids may
reasonably be expected to be present.
in any place a dangerous concentration of vapours from highly flammable liquids
may reasonably be expected to be present, any cotton waste or other material in
that place which –
been used in such a manner as to render the cotton waste or other material
liable to spontaneous combustion; or
contaminated with any highly flammable liquid,
shall be deposited without
delay in a metal container having a suitable cover or be removed without delay
to a safe place.
surfaces in any premises in which highly flammable liquid is present and which
are liable to attain a temperature of 82.2º Celsius shall be so situated
or so protected as to prevent the deposition thereon of any solid residue
resulting from the manufacture, manipulation or use of the liquid.
in paragraph (3) shall apply to lagging in position on pipework.
9 Prevention of escape of vapours and dispersal of dangerous
concentrations of vapours
any highly flammable liquid is present in any workplace, steps shall be taken
to prevent so far as is reasonably practicable the escape of vapours from any
such highly flammable liquid into the general atmosphere of that or any other
to the provisions of this Regulation, where a dangerous concentration of
vapours from highly flammable liquids may reasonably be expected to be evolved
in any process or operation, the process or operation shall, where reasonably
practicable, be carried on within a cabinet or other enclosure which, in either
case, is effective to prevent the escape of such vapours into the general
atmosphere of the workroom or any other workroom, is adequately ventilated by
mechanical means and is a fire resisting structure.
in paragraph (2) shall apply to any room if the only work with highly
flammable liquids which is being carried on therein is work to the room and if
there is secured natural or other ventilation of the room adequate to prevent
the occurrence there of a dangerous concentration of vapours from the liquids.
a dangerous concentration of vapours from highly flammable liquids may
reasonably be expected to be evolved in any operation carried on in a workplace
which is a tank or other similar enclosed workplace there shall be secured, so
far as is reasonably practicable, adequate ventilation by mechanical means.
provided or secured in pursuance of this Regulation shall be kept in operation
or use at all necessary times.
ducts, trunks and casings used in connection with ventilation provided or
secured in pursuance of this Regulation shall be fire resisting structures.
the case of electric motors used in connection with exhaust ventilation systems
provided in pursuance of this Regulation which comprise ducts, being systems
constructed or installed after 1st January 1980 or constructed or installed
before that date and substantially reconstructed after that date, such electric
motors shall not be situated in the path of vapours from any highly flammable
liquids being exhausted by the systems.
venting devices of fixed tanks and fixed vessels containing highly flammable
liquids shall discharge to a safe place and, where necessary, shall be provided
with a suitable wire gauze effective as a flame arrestor or other suitable
10 Explosion pressure relief of fire resisting structures
in accordance with the provisions of Regulation 5, 7 or 9 a storeroom,
workroom, cabinet or enclosure is a fire resisting structure, provision may,
and in such cases as may be prescribed, shall, be made in its structure for
pressure relief in the case of explosion and, in the case of a storeroom, for
adequate natural ventilation, notwithstanding in either case anything contained
in any specification approved for the purposes of the definition of the
expression “fire resisting structure” contained in Regulation 1(1).
in pursuance of paragraph (1) of this Regulation provision is made in a
fire resisting structure for pressure relief in the case of explosion such
provision shall be so arranged that any pressure will vent to a safe place.
11 Means of escape in case of fire
shall be such means of escape in case of fire from every room in which any
highly flammable liquid is manufactured, used or
manipulated, as may be safely and effectively used at all material times.
exit from such a room shall be so constructed as to open outwards.
12 Prevention and removal of solid residues
prejudice to Regulation 8(3), whenever as a result of
any process or operation involving any highly flammable liquid a deposit of any
solid waste residue liable to give rise to a risk of fire is liable to occur on
any surface –
shall be taken where reasonably practicable to prevent as far as possible the
occurrence of all such deposits; and
any such deposit occurs, effective steps shall be taken, as often as necessary
to prevent danger, to remove all such residues as aforesaid and put them in a
removal of any such residue containing cellulose nitrate shall be effected by the use of an iron or steel implement.
person shall smoke in any place in which any highly flammable liquid is present
or within 20 feet of any such place unless the person is effectively
separated from such place by fire resisting material.
responsible person shall take all reasonably practicable steps to ensure
compliance with paragraph (1) and such steps shall include the display at
or as near as possible to every place to which the said paragraph applies of a
clear and bold notice indicating that smoking is prohibited in that place.
14 Control of ignition and burning of highly flammable liquids
as provided in paragraph (2), no highly flammable liquid shall be ignited
or burnt except in plant or apparatus suitable for the purpose of burning that
highly flammable liquid safely and by the proper use of that plant or
apparatus, or otherwise by a competent person in a safe manner and in a safe place.
prohibition contained in paragraph (1) shall not apply where highly
flammable liquid is burnt in order to provide persons
with training in fighting fire if the training is carried out under the direct
and continuous supervision of a competent person.
15 Use of petroleum-spirit
No petroleum-spirit shall
be used in any workplace otherwise than as fuel for a motor vehicle, motor boat, aircraft or engine.
16 Fire fighting
There shall in any
premises where any highly flammable liquid is manufactured, used
or manipulated be provided and maintained appropriate means for fighting fire
which shall be so placed as to be readily available for use.
DUTIES OF EMPLOYEES 
It shall be the duty of
an employee in any premises to comply with such of the requirements of these Regulations
as relate to the doing of or refraining from an act by the employee, to
co-operate in carrying out these Regulations, and if he or she discovers any
defect in the plant, equipment or appliances, to
report such defect without delay to the responsible person.
18 Notice of requirements of these Regulations
purpose of acquainting employees with their
duties thereunder, a copy of these Regulations shall be displayed in a
conspicuous position in every room where any highly flammable liquid is
manufactured, used or manipulated.
19 Power to take samples
inspector may in any premises at any time subject to the production by the
inspector of evidence of the inspector’s authority, take for testing
sufficient samples of any material which in the inspector’s opinion may
prove on testing to be a highly flammable liquid.
a sample is taken in accordance with paragraph (1), the inspector shall
divide the sample into 2 parts, mark and seal up each part and –
one part to the responsible person;
the other part to testing.
results of any test carried out for the purpose of this Regulation shall not be
published or disclosed to any person except insofar as is necessary for the
purpose of a prosecution for an offence under these Regulations.
Any person who
contravenes or fails to comply with the requirements of Regulation 17, 18
or 19(3) shall be liable to a fine not exceeding level 2 on the standard
scale and in the case of a continuing offence, to a further fine not exceeding
level 1 on the standard scale for each day during which the offence continues.
Minister may make Orders prescribing anything which, under these Regulations,
may be prescribed.
These Regulations may be cited as the Safeguarding of Workers
(Highly Flammable Liquids) (Jersey) Regulations 1979.