New Regulations to protect workers from dangerous substances and explosive atmosphere

HSE Press Release C052:02 - 20 November 2002

New regulations to control fire and explosion risks from dangerous substances and potentially explosive atmospheres have been laid before Parliament.

The Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR) will implement the requirements of two European Union Directives: the safety requirements of the Chemical Agents Directive (CAD); and the requirements of the Explosive Atmospheres Directive (ATEX 137).

DSEAR will apply to all dangerous substances at nearly every business in the UK. It sets minimum requirements for the protection of workers from fire and explosion risks related to dangerous substances and potentially explosive atmospheres. DSEAR will compliment the requirement to manage risks under the Management of Health and Safety at Work Regulations 1999.

Kevin Allars, Head of HSE's Nuclear and Hazardous Installations Policy Division, said:

"The new regulations make existing good practices explicit and provide a modern and effective framework for managing risks from fire and explosions. DSEAR will enable more than 20 pieces of old legislation to be replaced or modernised. The regulations do not contain requirements that are fundamentally new; employers who currently implement requirements in existing legislation should therefore notice no significant change."

Petroleum legislation has also been modernised as part of the DSEAR package. Previously the keeping of petrol was controlled by licences issued under the Petroleum (Consolidation) Act 1928. DSEAR applies to petrol and therefore duplicates these controls. Accordingly DSEAR removes licensing requirements for petrol, except for petrol that is being kept for dispensing into vehicles. Work is continuing to further modernise the petrol regime.

DSEAR will be supported by interpretative guidance and Approved Code of Practice (ACoP) material. A free leaflet to assist small and medium-sized businesses has also been published, and a web page for DSEAR can be found at: http://www.hse.gov.uk/spd/content/dsear.htm

Notes to editors

1. DSEAR will apply at any workplace where there is present any substance or mixture of substances with the potential to create a risk from energetic (energy-releasing) events such as fire, explosions, thermal runaway from exothermic reactions, etc. Such substances, known in DSEAR as dangerous substances, include: petrol, liquefied petroleum gas (LPG), paints, varnishes, solvents and certain types of dust that are explosive (e.g. wood dust).

2. The main requirements of DSEAR are that employers and the self-employed must:

• carry out an assessment of the fire and explosion risks of any work activities involving dangerous substances;
• provide measures to eliminate, or reduce as far as is reasonably practicable, the identified fire and explosion risks;
• apply measures, so far as is reasonably practicable, to control risks and to mitigate the detrimental effects of a fire or explosion;
• provide equipment and procedures to deal with accidents and emergencies; and
• provide employees with information and precautionary training.

3. Additionally, from 30 June 2003, where explosive atmospheres may occur:

• the workplaces should be classified into hazardous and non-hazardous places; and any hazardous places classified into zones on the basis of the frequency and duration of an explosive atmosphere, and where necessary marked with a sign;
  
• equipment in classified zones should be safe and satisfy the requirements of the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres 1996; and,
  
• the workplaces should be verified as meeting the requirements of DSEAR, by a competent person.

4. DSEAR implements the safety requirements of CAD and the requirements of ATEX. The health requirements of CAD are being implemented through amendments to current health legislation: the Control of Substances Hazardous to Health Regulations (COSHH); the Control of Lead at Work Regulations (CLAW); and the Control of Asbestos at Work Regulations (CAW).

5. DSEAR will provide a modern framework for managing the risks of fire and explosions and will enable around 20 pieces of old legislation to be repealed or modernised. This will provide benefits for employers who will in future have significantly less legislation to consider. DSEAR does not contain requirements that are fundamentally new; employers currently meeting existing legislation should therefore notice no significant change. Safety standards will be maintained through a combination of DSEAR and activity specific ACoP material.

6. DSEAR was laid before Parliament on 15 November 2002.

Copies of a guidance leaflet on DSEAR 'INDG370' aimed at small and medium-sized businesses will be available to download free from HSE's website: http://www.hse.gov.uk/pubns/index.htm

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