331Emergency procedures

331 Emergency procedures

(1) This regulation applies to construction work if there is a risk of a person becoming engulfed by soil or other material when the work is performed.

(2) An employer or self-employed person must establish emergency procedures in accordance with subregulations (3) and (4) before the construction work is undertaken.

(3) The employer or self-employed person must ensure that the emergency procedures—

(a) so far as is reasonably practicable, enable—

(i) the rescue of a person in the event that the person becomes engulfed by soil or other material; and

(ii) the provision of first aid to a person who has become engulfed; and

(b) can be carried out immediately after a person becomes, or is likely to become, engulfed.

(4) The employer or self-employed person must ensure that any risk associated with carrying out the emergency procedures is—

Examples of risks associated with carrying out emergency procedures are risks of engulfment, a fall, electric shock, crushing and musculoskeletal disorder.

(5) The employer or self-employed person must ensure that the emergency procedures are carried out immediately after a person becomes, or is likely to become, engulfed.

(6) This regulation does not apply to excavation of a shaft, trench or tunnel being—

(a) a mine; or

(b) a bore to which the Water Act 1989 applies; or

(c) a quarry within the meaning of the Mineral Resources (Sustainable Development) Act 1990; or

(d) made for the purpose of undertaking emergency work; or

(e) made for the rescue of any person or the carrying out an emergency response by an emergency service; or

(f) made for use as a place of burial or interment of the dead.

Subdivision 2—Duties of principal contractors