DSEAR - Dangerous Substances and Explosive Atmosphere Regulations 2002

I have resurrected an older Q&A article about the Dangerous Substances and Explosive Atmosphere Regulations 2002 (DSEAR). I trust that thye rteader will find the information useful.

 

What are the aims of the Dangerous Substances and Explosive Atmosphere Regulations 2002 (DSEAR)?

DSEAR enacted into UK law the European Directive ATEX 137 and the safety aspects of the Chemical Agents Directive.  It applies to all dangerous substances at nearly every business in the UK.  DSEAR sets minimum requirements for the protection of workers from fire and explosion risks arising from dangerous substances and potentially explosive atmospheres.  As with other similar legislation, such as COSHH, it complements the requirement to manage risks under the Management of Health and Safety at Work Regulations 1999.  To comply with the requirements of DSEAR, employers must:

• Carry out a risk assessment of any work activities involving dangerous substances;
• Provide technical and organisational measures to eliminate or reduce as far as is reasonably practicable the identified risks;
• Provide equipment and procedures to deal with accident and emergencies;
• Provide information and training to employees;
• Classify places where explosive atmospheres may occur into zones, and mark the zones where necessary.

Can I integrate the DSEAR Risk Assessment with other risk assessments?

As with all modern safety legislations, risk assessment is at the very heart of the Dangerous Substances and Explosive Atmospheres Regulations 2005 (DSEAR).  This does not mean, however, that distinct DSEAR risk assessments are required.  In the event that your current risk assessments (such as those that are required under the Management of Health and Safety at Work Regulations 1999) address adequately all of the issues required under DSEAR, then there is no need to produce new risk assessments to comply with the requirements of DSEAR.  As with all other risk assessments, DSEAR risk assessments must be kept up to date and reviewed in the event of any significant change or if thought to be out of date for any reason.

In the same way, DSEAR assessments may be integrated with COSHH assessments.  It is possible to have one assessment dealing the use, handling and storage of a substance (or range of substances) that addresses the fire and explosion risks as well as the health effects.  In some circumstances, this may be the most appropriate way to proceed as it will have the advantage of reducing the total number of risk assessments and should not compromise health or safety.  Typical examples of where such an approach could work well are in the areas of paint mixing and painting, fuel handling/dispensing, etc.

Are there any special areas that I should consider?

All areas within the workplace where explosive atmospheres may collect must be considered as part of the (DSEAR) risk assessment.  Special consideration should be given to areas where explosive atmospheres may develop due to the collection of solvent vapours, but are not the immediate areas where these substances are used, handled or stored.  Such areas need not be the main work area, but may be adjacent to the work areas and include cellars and vehicle inspection pits, etc.  Similarly, duct work that is used to transport dangerous substances away from the work area (such as local exhaust ventilation systems) may be areas where an explosive atmosphere may form and should be considered as part of the DSEAR risk assessment.  Other areas that should be considered are those in the vicinity of pipe work (especially joins) and pumps used for the transfer of dangerous substances.

Are there any particular training requirements associated with DSEAR?

Training is an essential part of DSEAR risk assessment process and the control measures that are introduced following the risk assessment.  Employees at different levels within the Company will have different training needs.  Those involved in the DSEAR risk assessment and the implementation of the control measures arising from the assessment will require the most detailed training.  There is a requirement to provide suitable and sufficient instruction, information and training to all employees that may be exposed to the risks associated with dangerous substances.  Typically, the information provided to employees should include:

• the identities and locations of dangerous substances;
• associated hazards;
• sources of ignition, including smoking;
• access to copies of any relevant safety data sheets;
• risk assessment factors resulting from relevant risk assessments;
• the control and/or mitigation measures to be used, including safe system of work;
• reporting, accident, evacuation and emergency procedures

Training and instruction should include elements of theory as well as practice. Training in the use and application of control measures and equipment should be carried out taking into account recommendations and instructions supplied by the manufacturer.  The employer should consider how the training, information and instruction are to be delivered in order to deliver that which is the appropriate to their own circumstances.  In most workplaces, options could include: classroom style training sessions; individual training sessions or toolbox talks.

Do I need to provide employees with antistatic overalls and footwear? 

As with many questions, the answer is: it depends.  It depends on the findings of the (DSEAR) risk assessment and the control measures that are required to reduce the risks down to as low a level as is reasonably practicable.  If the risk assessment indicates that anti static personal protective clothing is required to control the risks of ignition of an explosive atmosphere from a static discharge then the employer must provide the employees with suitable antistatic personal protective clothing (such as overalls and footwear).  As with all PPE issued for the purposes of health and safety at work, this equipment must be provided to the employee free of charge.

It should be noted, however, that the effectiveness of antistatic footwear can be reduced, or even nullified, in several ways.  If the footwear is not cleaned on a regular basis, build up of insulating materials (such as resins, paints, etc) will decrease their effectiveness.  Similarly, the floor can become an insulating barrier if it is not kept clean (or is made from an insulating material, such as wood or some resin finishes).  The antistatic properties of footwear may be checked regularly if a suitable instrument is provided, such as a simple, wall mounted conduction to ground monitor.

What has happened to the old Petroleum License?

The Government is modernising petroleum legislation, and part of that process has been brought about by DSEAR.  Historically, petroleum spirits were controlled by licenses issued under the Petroleum (Consolidation) Act 1928, but this requirement have been removed by DSEAR.  Except in cases where petroleum spirit that is being kept for dispensing into vehicles (retail and non-retail), DSEAR has replaced the externally (often local authority) checked and issued Petroleum License with a new internal risk assessment requirement.

What sort of arrangements do I need to make to deal with accidents, incidents and emergencies

The arrangements under DSEAR for dealing with accidents, incidents and emergencies build on those that should already be in place for fire safety and as required under Regulation 8 of the Management of Health and Safety at Work Regulations 1999.  DSEAR requires that the employer makes suitable arrangements to protect employees (and others) in the event of an accident or incident.  Typically, those arrangements should include:

• Suitable warning and communication systems (which may include visual and/or audible alarms);  
• Suitable escape facilities (the need for which will be identified by the risk assessment);
• Emergency procedures to be followed in the event of an incident;
• Provision of information and training on the emergency procedures to employees;
• Equipment and clothing for essential personnel dealing with the incident
• Simulated emergencies and practice drills
• Where appropriate, liaison with the emergency services to advise them that information on emergency procedures is available (and providing them with any information they consider necessary).

The exact scale and nature of the arrangements for dealing with accidents, incidents and emergencies should be proportionate to the risks and, hence, should be determined by the risk assessment. 

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