To: Directors of Environmental Health/ Chief Environmental Health Officers of London, Metropolitan, District and Unitary Authorities and Chief Executives of County Councils.
For the attention of: Environmental Services / Trading Standards / Fire Authorities / Other
This circular gives advice to local authority enforcement officers
1 Enforcement officers will wish to be aware of these interpretations as
supplementing existing guidance so that a consistent approach to enforcement
can be taken nationally.
2 References are to individual regulations and, where appropriate, the ACoP
relating to those regulations.
3 The information is intended to give practical guidance to enforcement
officers rather than to set rigid standards to be followed in every case.
4 A "competent person" legally cannot be an individual employee
but can be an in-house inspection department within a user's or owner's
company. The in-house department can be staffed by just one individual although
larger complements are normal. Such departments must have a proper degree
of independence from the operating functions of the company. So, for example,
individuals within in-house inspection departments who carry out functions
in addition to their competent-person duties, should be separately accountable
under their job descriptions for those competent person duties. Individuals
should not be subject to commercial or financial responsibilities which
conflict with their competent person duties.
5 As regards the attributes of the person drawing up or certifying the written
scheme there is no need for that individual to be of chartered engineered
status provided he/she acts under the direction and supervision of a chartered
engineer, or engineer of equivalent status.
Application of the Regulations to rail tankers transporting LPG
6 The regulations will apply to tankers transporting LPG by rail and the tankers themselves would be defined as "mobile systems".
7 The definition in reg2 has 3 clauses (a), (b) and (c) which should be
read as alternatives.
Domestic LPG installations
8 The Regulations will apply to LPG tanks whilst they are being installed
or filled because then there is "use at work".
Steam
9 Hot water above 110C is a relevant fluid.
10 Pressure systems operating between 100C and 110C should be considered
by enforcement officers under the regulations. Users should be asked for
clear evidence that such systems do not contain (and are not liable to contain)
steam under foreseeable operating conditions and that the temperature is
not liable to exceed 110C.
11 If evidence is not forthcoming, the advice of HSE specialists may be
necessary if enforcement action is contemplated (via the ELO).
Aqueous solutions
12 For an "aqueous solution" to be a relevant fluid the liquid must contain dissolved gases which generate pressure above 0.5 bar by the evolution of the gas at either the actual temperature of the liquid or 17.50C.
Methyl bromide
13 Methyl bromide used for fumigation is a relevant fluid and the regulations will apply when its vapour pressure is greater than 0.5 bar above atmospheric pressure.
Distinction between "transportable gas container" and "mobile system"
14 Occasionally, enforcement officers may come across equipment which falls within the definition of "transportable gas container" but could also be regarded as a "mobile pressure system" for the purposes of the regulations. When considering these cases, enforcement officers should bear in mind that:
the words "designed to be transportable for the purpose of refilling"
have been interpreted by HSE's solicitor to mean that the container so described
should be designed so that it can be removed from its appliance when it
is empty and transported to another place where it can be filled.
15 Advice may be obtained via the ELO in the normal way in cases of doubt.
Transportable cryogenic (deeply refrigerated) gas containers
16 These containers come within the definition of "transportable gas
container" because:
17 Chlorine drums in the UK are typically 864 kg and 1000 kg both of which
have capacities below 3000 litres. The drums are of mild steel construction
either roller-forge-welded or fusion welded. The roll forged drums have
inverted ends convex to pressure. There are two internal pipes with external
stop valves.
18 These chlorine drums should be treated as transportable gas containers
and subject to the positive approval requirements of part V of the regulations.
19 Providing that the vessel is marked in accordance with reg 5(4)) it is not necessary for the marking to be readable at all times. If the plate is iced up or covered by insulation and needs to be viewed then the ice or insulation should be removed. Furthermore, the supporting documentation for the vessel should be available. If it is necessary for the information to be readable at all times, this can be achieved by fixing the marking plate to a bracket which is proud of the vessel itself.
20 In the course of making an examination according to a written scheme,
a CP may consider that part of a system will give rise to 'imminent danger'
unless immediate repairs are made or the operating conditions are suitably
changed. 'Imminent danger' implies a risk of imminent failure of the pressure
system. The pressure system need not be in service, e.g. the CP could identify
corrosion on part of the system when it was shut down which could lead to
system failure if it returned to normal service.
21 The CP should send a report specifying the repairs, modifications or
changes concerned to the local enforcing authority within 14 days of the
examination. Where the defect has not been immediately rectified, then inspectors
should take appropriate action (e.g. by letter or telephone) to make sure
that the necessary work is being undertaken on the system concerned.
NOTE: The discovery of faults in the operational condition of the plant,
whether considered to be of 'imminent danger' or not, comes within the scope
of reg.12 on maintenance. In this situation, the CP or any other employee
would need to comply with HSW Act s.7(b) and co-operate so far as is necessary
to enable the 'user' or 'owner' of the system to comply with reg.12.
Refrigeration systems (Exception 18)
22 Specification of safe operating limits for refrigeration plants should
be in the form of maximum and minimum coincident pressures and temperatures.
23 The minimum design temperature is an important design criteria which
ensures that materials selected to subzero use in refrigerating systems
have the required fracture toughness properties at their operating conditions
to resist brittle fracture.
24 There is an exception from the regulations for any vapour compression
refrigeration system incorporating compressor drive motors (including standby
motors) having a total installed power not exceeding 25 kw. The exception
would apply to separate systems intended to operate as integrated units
by means of electrical connections to one common controller only if the
total power is below 24 kw.
Prime movers (Exception 20)
25 Exception 20 excludes prime movers from the regulations. The definition
of "prime mover" at section 176 of the Factories Act 1961 should
be used in interpretation. By this route cylinders with an integral piston
or ram actuated by steam or compressed air are excepted from the regulations.
Fire extinguishers (Exception 24)
26 Exception 24 relates to portable fire extinguishers with a working pressure
below 25 bar at 600C and having a total mass not exceeding 23 kg.
27 The exception embraces halon fire extinguishers mounted within racing
cars and operated remotely by the driver in the event of an emergency.
Hand-held tools (Exception 25)
28 Exception 25 only applies to parts of a hand-held tool which are pressure
vessels and not to the tool itself.
29 The hand-held lance of an oxy-acetylene welding set is not a pressure
vessel because it only "contains" a relevant fluid in the sense
of directing gases to the flame; there is no storage of gas.
30 The hand-held lance should be considered part of a pressure system as
"pipework to which a transportable gas container is, or is intended
to be connected".
31 Voluntary accreditation scheme for inspection bodies (see ACOP - para
43).
32 The assessment is made by UKAS.
33 If enforcement officers doubt the competency of any inspection body they
should consult the ELO.
Recent additions and changes
Making a difference - Judith Hackitt