Procedures for serious and imminent danger

Regulation 8 of the Management Regulations requires all employers to set up procedures to be followed in the event of “serious and imminent danger to persons at work”. A sufficient number of competent personnel, with sufficient training and experience, must be nominated to implement the procedures, which must normally be written down. Employers must make any necessary contacts with the external emergency services regarding first aid, emergency medical care and rescue work (Regulation 9).

These procedures should enable employees to stop work and immediately proceed to a place of safety in the event of being exposed to “serious, imminent and unavoidable danger”. The regulations state that the people concerned can take appropriate steps, including stopping work, “in the absence of guidance or instruction, or in the light of their knowledge”.

Workers have some protection if they “stop the job” in these circumstances. Under Section 100 of the Employment Rights Act 1996, it is automatically unfair to dismiss employees or safety reps who withdraw to a place of safety or take other appropriate steps to protect their own safety or that of others because they reasonably fear they are in serious and imminent danger. See Chapter 4 for examples of employment tribunal decisions relating to this right, as well as examples of unions who have supported groups of workers forced to withdraw to a place of safety when faced with serious and imminent danger.