Health and Safety
Executive / Commission
Electricity
Q1 What is ATEX?
A1 There are two EU Directives ATEX 95 (94/9/EC) and ATEX 137 (1999/92/EC) concerning, respectively, the supply and use of equipment in potentially explosive atmospheres. The term ‘ATEX’ is derived from the French Atmospheres Explosive.
Q2 Is there any guidance available from the EU on ATEX issues?
A2 The EU published guidelines on the application of ATEX 95 in July 2005 and these are under continuous update. Further information is also available in the EU good practice guide on ATEX 137.
Q3 How are the directives implemented in UK and who enforces them?
A3 The Department for Business Enterprise and Regulatory Reform (BERR) implemented ATEX 95 under The Equipment and Protective Systems for Use in Potentially Explosive Atmospheres Regulations, 1996 (EPS). ATEX 95 concerns the supply of equipment, protective systems, components etc, where these are for use in potentially explosive atmospheres. BERR are responsible for policy issues, resolution of supply issues at EU level, appointing Notified Bodies in the UK, etc. The BERR website provides information on their responsibilities and guidance on the EPS Regulations.
The user directive, ATEX 137, is implemented by HSE under The Dangerous Substances and Explosive Atmosphere Regulations, 2002 (DSEAR). ATEX 137 concerns worker health and safety in those workplaces where potentially explosive atmospheres may be present.
The DSEAR and EPS Regulations are enforced in Britain by the HSE, and in some circumstances DSEAR is enforced by others e.g. Local Authorities and Petroleum Licensing Authorities.
Q4 What are the EPS Regulations?
A4 These are the Equipment and Protective Systems for Use in Potentially Explosive Atmospheres Regulations 1996.
Q5 What is DSEAR?
A5 These are the Dangerous Substances and Explosive Atmosphere Regulations, 2002. A guide to DSEAR is available.
Q6 How do DSEAR and EPS Regulations relate to each other?
A6 They are complementary. DSEAR is concerned with the safe use of dangerous substances and requires employers to zone workplaces and select equipment and protective systems that meet the EPS Regulations. The EPS Regulations put the duty on the manufacturer to supply suitable equipment.
Q7 Is there any published guidance on DSEAR?
A7 The Health & Safety Commission has published six sets of guidance and approved codes of practice on DSEAR; these are listed below and available from HSE Books:
Q8 When did the EPS Regulations come into force?
A8 The EPS Regulations came into force on 1 March 1996 with a transition period for certain regulations until 30 June 2003; they have been fully in force since 1 July 2003.
Q9 When did the Dangerous Substances and Explosive Atmospheres Regulations come into force?
A9 DSEAR came into force on 9 December 2002, also with transition periods. For workplaces in use on or before 30 June 2003 there remains a transition period until 30 June 2006 with respect to Regulations 7 & 11. These deal with the places where explosive atmospheres may occur and the duty of co-ordination where two or more employers share the same workplace, respectively.