S.L. 646.8 Art. 9First aid, fire detection, fire fighting, evacuation of workers, serious and imminent danger.

(1) It shall be the duty of an employer to take the necessary measures for first aid, fire-fighting and evacuation of workers in the event of serious and imminent danger:

Provided that the measures which are to be taken shall be adapted to the use of the building, the nature of the activities and to the size of the workplace:

Provided further that the measures taken shall take into account all persons present or who may be present at any time, as well as the physical and chemical properties of the substances present.

(2) The measures that are required to be taken by an employer in the provision of first aid at work, shall be in conformity with the Work Place (First Aid) Regulations.

(3) In the pursuance of the foregoing, an employer shall make such necessary arrangements with services outside of the workplace, particularly as regards emergency medical care, rescue work and fire-fighting.

(4) An employer shall designate workers who shall be responsible for the implementation of the measures required for fire-fighting and for the evacuation of workers. The names of the persons thus designated shall be entered into a register to be kept at the workplace, and the register shall be maintained and amended as necessary by the employer: Provided that the number of persons designated for these purposes, their training and the equipment available to them shall be adequate and shall take into account the size of the workplace and the nature of the hazards present therein.

(5) An employer shall as soon as possible inform workers who are, or may be exposed to serious and imminent danger of the risk involved, and of the steps to be taken or are to be taken with regard to protection.

(6) An employer shall take action and give instructions which would enable workers in the event of serious, imminent and unavoidable danger to stop work and, or to leave immediately the work place and to proceed to a place of safety.

(7) An employer may not ask workers to resume work in a working situation where there is still a serious and imminent danger, except for the purpose of instituting protective or remedial action: Provided that in the situation referred to in the foregoing, only workers who have the necessary training to carry out such protective or remedial action shall be allowed in the area of danger, and they shall be suitably and adequately protected at all times.

(8) No worker who leaves his workstation or a dangerous area by reason of the presence of justifiably serious, imminent or unavoidable danger, may be placed at any disadvantage because of his action by his employer, and no harmful or unjustified consequence may be taken against him.

(9) An employer shall ensure that all workers are able, in the event of serious and imminent danger to their own safety and, or that of other persons, and where the immediate superior responsible or any worker designated for the purpose of implementing measures for fire-fighting and evacuation of workers cannot be contacted, to take the appropriate steps in the light of their knowledge and the technical means at their disposal, to avoid the consequences of such danger:

Provided that any worker who takes any action in the light of the foregoing, shall not be placed at any disadvantage, unless he acted carelessly or there was negligence on his part.

(10) It shall be the duty of the employer to take all necessary measures to the satisfaction of the authority responsible for the enforcement of fire safety, to:

(a) prevent, so far as reasonably practicable, the risk of accidents which may be caused by fire or explosion from any combustible, inflammable or explosive substances present at the workplace;

(b) ensure that the workplace is equipped at all times with suitable and sufficient fire-fighting equipment and with fire detectors and alarm systems, as necessary, taking into account the dimensions and use of the buildings, the equipment they contain, the physical and chemical properties of the substances present and the maximum potential number of persons present.

(11) Any non-automatic fire-fighting equipment provided by the employer shall be:

(a) easily accessible;

(b) simple to use;

(c) appropriately indicated by easily visible safety signs, which shall be placed at appropriate points, and regularly maintained.

(12) The employer shall inform his workers of any fire risks present, and of the measures required to minimise such risks.

(13) The employer shall ensure that workers are adequateIy instructed and trained as appropriate in the proper use of fire fighting equipment as may be required for that work place by the Civil Protection Directorate.

(14) The employer shall take all necessary measures to ensure that all fire fighting equipment at the workplace is subjected to a suitable system of maintenance to the satisfaction of the Civil Protection Directorate.

(15) The employer shall ensure that fire drills are carried out at least once every six months and a record kept of these drills:

Provided that a person competent in fire safety and recognised as such by the Civil Protection Directorate, may, at the explicit request of an employer, and after analysing the prevailing fire risks and the occupancy of that specific place of work, determine a different frequency for that employer’s workplace, which in any case shall not be longer than once every twelve months. The recommendations made by such a competent person should be documented in writing and kept by the employer together with the record of the fire drills. Workers’ health and safety representatives shall be given the opportunityof being consulted on the frequency of these fire drills.

(16) It shall be the duty of a worker to notify his employer of any fire which breaks out at the workplace, and the empþoyer shall investigate the occurrence with a view to taking any action which is deemed fit to prevent any similar recurrence.

(17) Nothing in this regulation shall debar the authority responsible for the enforcement of fire safety from making any recommendations it deems fit in the interest of health and safety.