Dangerous substances and explosive atmospheres: HSE publishes final ACOP

HSE press release E250:03 - 30 December 2003

The Health and Safety Executive (HSE) has today published the fifth and final approved code of practice (ACOP) supporting the Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR).

John Thompson, head of HSE's Chemical and Flammables Policy Division said:

"This ACOP is intended to help employers eliminate or reduce fire and explosion risks from dangerous substances. It contains practical guidance, such as what factors to consider when doing risk assessments, as well as approved code material, and it explains how DSEAR sits alongside other relevant law. The publication of this ACOP signals the final stage of HSE's review and reform of old legislation on flammable and explosive substances and their associated hazards. DSEAR and its ACOPs replace several sets of old regulations and other provisions; together they form a significant body of work and should help to maintain and improve safety standards for those who work with dangerous substances."

Copies of Dangerous Substances and Explosive Atmospheres Regulations 2002, Approved Code of Practice and guidance, L138, are available from HSE Books, ISBN 0 7176 2203 7, price £15.50.

Notes to editors

1. DSEAR implement two European Union Directives: the safety requirements of the Chemical Agents Directive (CAD) and the Explosives Atmospheres Directive (ATEX 137). The Regulations were laid before Parliament on 15 November 2002 and came into force fully on 30 June 2003 - see press release C052:02, dated 20 November 2002.
2. DSEAR replace several sets of old legislation and, in order to maintain safety standards and further develop good practice, the Health and Safety Commission (HSC) agreed to the production of a suite of ACOPs designed to help employers meet their statutory duties. Four ACOPS were published in November 2003 - see press release E223:03, dated 12 November 2003. This fifth and final ACOP is the overarching document comprising advice and guidance to help employers to meet the requirements of DSEAR.
3. All five ACOPs were drawn up in consultation with the HSC's Advisory Committee on Dangerous Substances, which includes representatives from industry, local government organisations and technical experts from HSE.
4. ACOPs are approved by HSC, with the consent of the Secretary of State. They give practical advice on how to comply with the law, although alternative methods to those set out in the ACOP may be used in order to comply. The DSEAR ACOPs also contain guidance which is not compulsory and employers are free to take other action.

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