Chapter VII.
Safety measures


Section I.
Basic provisions


Article 16.7.1. Translation not available

Article 16.7.2.

Safety measures can include, among other things:

  1. the termination or execution of operations, transactions or activities, immediately or within a specific period;
  2. the ban on the use of or the sealing of buildings, installations, machines, equipment, means of transport, containers, sites and all that is located in or on these;
  3. the complete or partial closure of an establishment;
  4. the taking away, storage or disposal of materials liable for this, including waste materials and animals;
  5. the keeping out or abandoning of specific areas, sites, buildings or roads.
Safety measures cannot be withdrawn if the risk in question has not yet been either eliminated, restricted to an acceptable level or stabilised.

Article 16.7.3. The order stipulating safety measures, which oblige one to undertake or abstain from an action, clearly describes the obligations that must be fulfilled.

Article 16.7.4.

Expenses incurred for the enforcement of safety measures are wholly or partially at the expense of the persons responsible for causing the significant risk.

The due amounts are collected and recovered in accordance with the provisions of Articles 16.5.1 to 16.5.4 inclusive.


Subsection II.
The procedure for adopting the safety measures with regard to persons responsible for the significant risk


Article 16.7.5.

1.

Safety measures are taken in writing. If an immediate action is required, safety measures may also be verbally taken.

2.

When safety measures are taken in writing, this is done through the notification of the order containing the safety measures.

3.

If safety measures are verbally taken and the persons responsible for the significant risk are not present, then a written notice is left on-site in a visible place.

By means of a written confirmation, the persons responsible for the significant risk are informed of the verbally taken safety measures within five working days after they have been taken. This written confirmation is done by means of a notification.

4.

The Flemish Government can stipulate that the written confirmation stated in 3, second paragraph and the order stated in 2 be distributed electronically. In that case, it stipulates more detailed conditions for this.

5.

The written confirmation stated in 3, second paragraph, and the order stated in 2, include at least:

  1. a description of the significant risk that makes it necessary to adopt safety measures;
  2. a description of the safety measures which are necessary and the possible implementation period.

6.

The Flemish Government can stipulate which authorities need to be informed regarding the safety measures taken, as well as the way in which this should be done.


Section III.
Withdrawal of safety measures


Article 16.7.6. Translation not available

Article 16.7.7. If the significant risk for which safety measures have been taken is eliminated or restricted to an acceptable level or is stabilised, then the person who has taken the safety measures may officially and in a reasoned manner withdraw these.

Article 16.7.8. Translation not available

Article 16.7.9.

The persons against whom safety measures have been taken are informed of the order for the official or reasonably requested withdrawal of safety measures within a period of ten days. This is done by means of a notification.

The period stated in the first paragraph starts on the day on which the order comes into effect.