Workers (Highly Flammable Liquids) (Jersey) Regulations 1979
THE STATES in pursuance of Article 9
of the Health and Safety at Work (Jersey)
Law 1989, have made the following Regulations –
In these Regulations,
unless the context otherwise requires –
“dangerous concentration of vapours”, means
a concentration greater than the lower flammable limit of the vapours;
“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 being a specification approved for the purposes of these Regulations
by an inspector;
“highly flammable 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;
“premises” includes any place or part of any
premises or place;
“prescribed” means prescribed by Order;
“responsible person” 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;
(b) any class or description of premises;
(c) any machine, plant, apparatus, process,
operation or work, or any class or description of machines, plant, apparatus,
processes, operations or works; or
(d) any 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).
OF THE RESPONSIBLE PERSON
shall be the duty of every –
(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.
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 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 extends.
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
(a) in suitable fixed storage tanks in a safe
(b) in suitable closed vessels kept in a safe
position in the open air and where necessary protected against direct sunlight;
(c) in suitable closed vessels kept in a
storeroom which either is in a safe position or is a fire resisting structure;
(d) in 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 inspector.
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
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 –
(a) so 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;
(b) to highly flammable liquids in the fuel
tanks of vehicles or engines for the purpose of operating the vehicles or
(c) to 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 flammability.
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 possible.
in this Regulation shall apply to –
(a) any of the following, that is to say, any
cupboard, bin, tank or vessel, which contains spirits intended for human
(b) the fuel tanks of vehicles or engines which
contain any highly flammable liquid for the purpose of operating the vehicles
(c) any suitable small closed vessel containing
not more than 125 ml of highly flammable liquid;
(d) any 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
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 carried on.
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 –
(a) has been used in such a manner as to render
the cotton waste or other material liable to spontaneous combustion; or
(b) is contaminated with any highly flammable
shall be deposited without delay
in a metal container having a suitable cover or be removed without delay to a
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
(a) steps shall be taken where reasonably
practicable to prevent as far as possible the occurrence of all such deposits;
(b) where 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 safe place.
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
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.
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
18 Notice of requirements of these Regulations
For the 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 –
(a) deliver one part to the responsible person;
(b) submit 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.
Subordinate Legislation (Jersey)
Law 1960, shall apply to Orders made under these Regulations.
These Regulations may be cited as the Safeguarding of Workers
(Highly Flammable Liquids) (Jersey) Regulations 1979.