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38.—(1) Where necessary in the interests of the health and safety of any person on a construction site, there shall be prepared and, where necessary, implemented suitable and sufficient arrangements for dealing with any foreseeable emergency, which arrangements shall include procedures for any necessary evacuation of the site or any part thereof.
(2) In making arrangements under paragraph (1), account shall be taken of—
(a)the type of work for which the construction site is being used;
(b)the characteristics and size of the construction site and the number and location of places of work on that site;
(c)the work equipment being used;
(d)the number of persons likely to be present on the site at any one time; and
(e)the physical and chemical properties of any substances or materials on or likely to be on the site.
(3) Where arrangements are prepared pursuant to paragraph (1), suitable and sufficient steps shall be taken to ensure that—
(a)every person to whom the arrangements extend is familiar with those arrangements; and
(b)the arrangements are tested by being put into effect at suitable intervals.
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