98Control of risk

98 Control of risk

(1) An employer or self-employed person must, so far as is reasonably practicable, eliminate any risk associated with plant.

(2) If it is not reasonably practicable to eliminate a risk associated with plant, the employer or self‑employed person must reduce the risk so far as is reasonably practicable by—

(a) substituting the plant with plant that has a lower level of risk; or

(b) isolating the plant from persons; or

(3) If the employer or self-employed person has complied with subregulations (1) and (2) so far as is reasonably practicable and a risk associated with plant remains, the employer or self-employed person must reduce the risk so far as is reasonably practicable by using administrative controls.

(4) If the employer or self-employed person has complied with subregulations (1), (2) and (3) so far as is reasonably practicable and a risk associated with plant remains, the employer or self-employed person must reduce the risk so far as is reasonably practicable by providing appropriate personal protective equipment to persons at risk.

(5) Nothing in this Division, except regulation 96, limits the operation of this regulation.

2 Part 4 of the Act sets out the duty of the employer to consult with employees, including in respect of making decisions about the measures to be taken to control risks to health or safety. This consultation must involve the health and safety representative (if any). See also regulation 21.