Who is the Person in Charge?
The Person in Charge is an individual in control of a place where hazardous substances are present. They could be the owner, lessee, sub-lessee or occupier of the place, location or depot, in effect the person who is in control or possession of the relevant part of the site.
In a small workplace, the Person in Charge could be the manager. In a larger operation with multiple locations and activities, several people could be designated as Person in Charge. The Person in Charge must have a good understanding of the legislation and the workplace. It is preferable they are present at the place, but this is not essential.
What does a Person in Charge have to do?
The Person in Charge is responsible for ensuring that the hazardous substances under their control are correctly managed and that the environment and health and safety of people are not adversely affected. The specific requirements are detailed throughout the hazardous substances regulations.
The Person in Charge must ensure that the specified controls are in place and are being followed, for example:
- hazardous substance locations are established
- a Location Test Certificate is obtained where needed
- hazardous atmosphere zones are established and sources of ignition are managed
- iIncompatible substances are segregated
- Approved Handlers are appointed for the substances they handle.
Specific Responsibilities
Test Certificates
The Person in Charge must ensure necessary Test Certificates are obtained. Test Certificates verify that the required controls for managing hazardous substances are met. They are required for:
- Locations - where hazardous substances are held in excess of the specified trigger quantities a hazardous substance location must be established and a Test Certificate obtained.
- Approved Handlers - where particularly hazardous substances are under the control of an Approved Handler or secured.
- Approved Fillers - employees filling compressed gas containers must be Approved Fillers and know about the substance they are handling and the equipment.
- Stationary Container or Storage Systems - a Test Certificate is required for a stationary container system to confirm that it is designed, installed and maintained to the required standards.
Administrative duties
- Local enforcement agencies must be informed BEFORE a hazardous substance location is established.
- Site plans must be available that show the physical position of the hazardous substance location in relation to the site boundaries and any other hazardous substance locations, as well as all hazardous atmosphere and controlled zones.
- Protective clothing and equipment must be supplied where specified.
- Handling equipment must be adequate and the substances suitably contained.
Disposing of hazardous substances and their packaging
Information and documents must be readily available that set out the methods to be used for the effective disposal of hazardous substances. These requirements are set out in the Hazardous Substances (Disposal) Regulations.
Emergency Management
The Person in Charge must ensure emergency management requirements are met.
Identification
- Employees must have access to information and documentation specific to each hazardous substance. The supplier of the substance has an obligation to provide this information, but the Person in Charge must make sure it is available.
- Documents should cover identification, emergency management and disposal information, which is usually available from product labels and Safety Data Sheets.
- Signage must be provided and must conform to the presentation and positioning rules in the regulations. The content must be comprehensible.
- The requirements are set out in the Hazardous Substances (Information) Regulations.
Tracking
Very hazardous substances must be tracked through all stages of the life cycle and the Person in Charge must ensure necessary records are kept. If the substance is transferred to another location the Person in Charge must ensure the new location has the necessary Test Certificate, if required, and has an Approved Handler.
Report incidents
Any incident involving a hazardous substance must be reported to the appropriate local enforcement agency .
What is the liability of a Person in Charge?
The HSNO Act sets out the liability of employers, principals, directors and officers. The Person in Charge may fall into one of these categories. Whilst the Person in Charge has to meet their responsibilities in the various regulations, they would only be personally liable in the case of obvious negligence or disregard of the legislation. In most circumstances it is unlikely that personal liability would occur.