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4.—(1) Paragraph (4) shall apply if the risk assessment made under regulation 3(1) of the Management of Health and Safety at Work Regulations (Northern Ireland) 1992(1) indicates that the employer concerned, having adopted all appropriate techniques for collective protection, and measures, methods or procedures used in the organisation of work, cannot avoid or adequately reduce risks to employees except by the provision of appropriate safety signs to warn or instruct, or both, of the nature of those risks and the measures to be taken to protect against them.
(2) For the purposes of paragraph (1), risks shall only be treated as having been adequately reduced if, having adopted the appropriate techniques, measures, methods or procedures referred to in that paragraph, there is no longer a significant risk of harm having regard to the magnitude and nature of the risks arising from the work concerned.
(3) Without prejudice to paragraph (1), sub-paragraphs (a) and (b) of paragraph (4) shall also apply in relation to fire safety signs where they are required to comply with the provisions of any statutory provision.
(4) Where this paragraph applies, the employer shall (without prejudice to the requirements as to the signs contained in regulation 11(2) of the Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations (Northern Ireland) 1995(2))—
(a)in accordance with the requirements set out in Parts I to VII of Schedule 1, provide and maintain any appropriate safety sign (other than a hand signal or verbal communication) described in those Parts, or ensure that such sign is in place; and
(b)subject to paragraph (5), in accordance with the requirements of Parts I, VIII and IX of Schedule 1, ensure, so far as is reasonably practicable, that any appropriate hand signal or verbal communication described in those Parts is used; and
(c)provide and maintain any safety sign provided in pursuance of paragraph (6) or ensure that such sign is in place.
(5) For the purposes of sub-paragraph (b) of paragraph (4), the appropriate hand signal described in the documents specified in Schedule 2 shall be an alternative to the corresponding hand signal described in paragraph 3 of Part IX of Schedule 1.
(6) Where it is appropriate to provide safety signs in accordance with paragraph (1) because at a place of work there is a risk to the health or safety of any employee in connection with the presence or movement of traffic (including pedestrians in relation to such traffic) and there is an appropriate sign in that connection prescribed by regulations made under the Road Traffic (Northern Ireland) Order 1981(3), that sign shall be used whether or not that Order applies to that place of work.
S.R. 1992 No. 459, as amended by S.R. 1994 No. 478
S.I. 1981/154 (N.I. 1), to which there are amendments not relevant to the subject matter of these Regulations
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