Exemptions

What is an exemption?

HSE expects people to comply with the law. However, in circumstances where it is not possible to comply, eg where there have been technological changes, HSE has the power to grant exemptions from the requirements of Regulations. HSE will only grant an exemption if satisfied that health and safety standards will not put the people likely to be affected, at any risk. An exemption may be subject to certain conditions and can be revoked by HSE at any time.

Current exemption certificates

Exemption certificates are available to download below. If you believe any exemptions might apply to you or your business, contact the following for more information.

• For exemptions from the Control of Explosives Regulations 1991 (COER) - your local police Explosives Liaison Officer
• For other exemptions, contact your Licensing Authority

COER Certificates of Exemption

• COER Certificate of Exemption 1 of 2010 – hydroxybenzotriazole monohydrate and hydroxybenzotriazole anhydrous exempts UN numbers 3474 and 0508 from licensing and record-keeping requirements of the Regulations as the UN numbers were created after the Regulations came into force.
• COER Certificate of Exemption 2 of 2010 – marine distress signals exempts distress signals UN numbers 0505, 0506 and 0507 from licensing and record-keeping requirements of the Regulations as the UN numbers were created after the Regulations came into force.

Manufacture and Storage of Explosives Regulations 2005 (MSER) exemptions

• MSER Certificate of Exemption 1 of 2012 - In pursuance of the powers conferred on it by paragraph (1) of regulation 26 of the Manufacture and Storage of Explosives Regulations 2005 (“the 2005 Regulations”) and being satisfied as required by paragraph (2) of that regulation, the Health and Safety Executive exempts any person who stores shooters’ powder from the requirements of regulation 10(1) of the 2005 Regulations in relation to that storage, subject to the conditions referred to in paragraph 3.
• MSER Certificate of Exemption 1 of 2012: Explanatory note
• MSER Certificate of Exemption 1 of 2010 – hydroxybenzotriazole monohydrate and hydroxybenzotriazole anhydrous exempts UN numbers 3474 and 0508 from licensing requirements of the Regulations as the UN numbers were created after the Regulations came into force.
• MSER Certificate of Exemption 2 of 2010 – Marine Distress Signals exempts UN numbers 0505, 0506 and 0507 from licensing requirements of the Regulations as the UN numbers were created after the Regulations came into force.

HSE also grants specific exemptions under MSER and COER to companies or individuals. These are granted on a case-by-case basis and only when HSE is satisfied that the law cannot be complied with any other way. Applications for exemptions should be made, in writing, to the Chief Inspector of Explosives, Explosives Inspectorate.

Ammonium Nitrate Materials (High Nitrogen Content) Safety Regulations 2003 for non-agricultural purposes

The Ammonium Nitrate Materials (High Nitrogen Content) Safety Regulations 2003 prohibit the importation and supply of fertilisers with more than 28% nitrogen that fail a detonation test. There are certain exceptions to this prohibition for users of technical grade ammonium nitrate. The Regulations permit the storage of this material to make an explosive on site. With this exception, this material can only be imported, stored and kept under an exemption certificate from HSE. For further information, please see the guidance to the exemptions for Ammonium Nitrate Materials.