27General duty to control risk

27 General duty to control risk

(1) An occupier of premises where dangerous goods are stored and handled must ensure that any risk associated with the storage and handling of dangerous goods at the premises—

(2) In complying with subregulation (1), the occupier must consider eliminating or reducing risk associated with the storage and handling of dangerous goods by—

(a) substituting other goods, or other dangerous goods, that have a lower risk associated with their storage and handling; and

(b) reducing the quantity of dangerous goods stored or handled.

(3) The occupier must ensure that any measures implemented to control risks are reviewed and, if necessary, revised—

(a) before any alteration is made to a process or system of work that is likely to result in changes to risks associated with the storage and handling of dangerous goods; and

(b) if, for any other reason, the risk control measures do not adequately control the risks.

2 For further review and revision requirements affecting an occupier of premises, see regulation 62.

Division 4—Design

28 Design of new premises, plant, processes and systems of work

(1) An occupier must not use new premises or use new plant, processes or systems of work in any premises for the storage and handling of dangerous goods, unless the occupier has first ensured that the new premises or the new plant, processes or systems of work have been designed—

(a) to eliminate the risk associated with the storage and handling of dangerous goods; or

(b) if it is not reasonably practicable to eliminate the risk, to reduce the risk so far as is reasonably practicable.

(2) In complying with subregulation (1), the occupier must ensure that any hazard associated with the design of the premises, plant, processes or systems of work is identified and controlled having regard to the matters specified in regulation 26(2).

(3) In this regulation, new, in relation to premises, plant, processes or systems of work, means that the premises, plant, processes or systems of work—

(a) have not been previously used for the storage and handling of dangerous goods; or

(b) have been altered in a way that is likely to create a new or different hazard or risk associated with that use.