DSEAR



DSEAR stands for Dangerous Substances and Explosive Atmospheres Regulations 2002 which is concerned with protection to employees, and to members of the public against the risks and potential outcomes arising from dangerous substances and potentially explosive atmospheres.

The duties in DSEAR apply alongside the Health and Safety at Work Act (HASAWA) 1974, and other regulations made under the Act such as The Management of Health and Safety at Work Regulations (MHSWR) 1999, and those in relation to fire safety such as The Regulatory Reform (Fire Safety) Order (RRFSO) 2005.

DSEAR does not apply to maritime activities, areas used directly for and during the medical treatment of patients, the use of gas appliances burning gaseous fuels, the manufacture, handling, use, storage and transport of explosives or chemically unstable substances, Mineral extracting industries, or during the carriage of dangerous goods.

WHAT IS COVERED UNDER DSEAR?

The Regulations apply to the majority of workplaces, including moveable structures, outdoor areas and domestic premises, where:

  • Work is being carried out by an employer (or self-employed person)
  • A dangerous substance is present (or is liable to be present or generated) at the workplace
  • A potentially explosive atmosphere may occur
  • The dangerous substance and/or a potentially explosive atmosphere could be a risk to the safety of people as a result of fires, explosions or similar energetic events

For example, DSEAR covers the following scenarios:

  • storage and use of flammable liquids including paints and inks, cleaning products, and fuels
  • storage and use of LPG
  • storage and use of oxygen
  • storage and transport of powders in pharmaceutical and food industries
  • storage and display of flammable goods, such as paints in shops
  • handling and storage of flammable waste materials
  • welding or other ‘hot work’ on tanks and drums that have contained flammable material
  • use of flammable gases, such as acetylene, for welding or flame cutting
  • use of flammable solvents in laboratories
  • transport of flammable substances in containers around a workplace
  • deliveries from road tankers, such as flammable liquids, gases and bulk powders
  • chemical manufacturing, processing, and warehousing
  • Creation of alcohol products
  • Creation of dusts during work processes such as wood dust
  • Charging of electric FLT

An explosive atmosphere is a mixture of a dangerous substance or substances (gas, mist, dust or vapour) with the air, which has the potential to catch fire or explode. An explosive atmosphere does not always result in an explosion but, if it does catch fire, the flames travel quickly. If this happens in a confined space (e.g. in plant), the rapid spread of the flames or rise in pressure could also cause an explosion.

WHEN IS A RISK ASSESSMENT REQUIRED?

DSEAR requires employers to make a suitable and sufficient assessment of the risks from materials and mixtures that are categorised under the GB Classification, Labelling, & Packaging (CLP) 2008 Regulations as Flammable, Highly Flammable, Extremely Flammable, or Corrosive, and which are present in the workplace, and to eliminate or control the risks posed by such materials and mixtures.

Ideally, it would be practical to carry out a risk assessment in relation to DSEAR as part of the overall workplace risk assessment required under the Management of Health and Safety at Work Regulations (MHSWR) 1999. However, in most cases, this is not known or always possible so a standalone DSEAR risk assessment should be undertaken.

The extent, and level of detail of the DSEAR risk assessment is dependent upon the risk posed by such considerations set out below.

Work equipment, COSHH assessment, and other risk assessments would likely include similar hazards to be considered suitable and sufficient, however, the DSEAR risk assessment looks at the premises as a whole.

The DSEAR risk assessment should include all areas where there are dangerous and flammable materials stored and in use, and where there is potential for the presence of an explosive atmosphere.

You should carry out a DSEAR risk assessment regardless of the quantity of dangerous substance present, as it will enable you to decide whether existing measures are sufficient or whether any additional controls or precautions are necessary.

As well as assessing the normal activities within the workplace, you will also need to assess non-routine activities, such as maintenance work, where there is often a higher potential for fire and explosion incidents to occur.

If there is no risk to safety from fires and explosions, and corrosives to metal, or the risk is trivial, no further action would be needed.

The risk assessment should include consideration of:

  • The locations where DSEAR risks could be present
  • The people who could be affected, and how
  • the hazardous properties of the substance (Flammable, Explosive, Oxidising, Corrosive)
  • information on safety provided by the supplier, including information contained in any relevant safety data sheet (SDS)
  • The quantities stored and used in the workplace
  • the circumstances of the work including
    • the work processes and substances used and their possible interactions
    • the amount of the substance involved
    • where the work will involve more than one dangerous substance, the risk presented by such substances in combination
    • the arrangements for the safe handling, storage and transport of dangerous substances and of waste containing dangerous substances
  • activities, such as maintenance, where there is the potential for a high level of risk
  • the effect of measures which have been or will be taken pursuant to these Regulations
  • the likelihood that an explosive atmosphere will occur and its persistence
  • the likelihood that ignition sources, including electrostatic discharges, will be present and become active and effective
  • the scale of the anticipated effects of a fire or an explosion
    • any places which are or can be connected via openings to places in which explosive atmospheres may occur
    • such additional safety information as the employer may need in order to complete the risk assessment

A DSEAR risk assessment should only be carried out by a competent person, who has the training, experience, skill, and knowledge to allow them to accurately identify the hazards present, assess the risks to people and the organisation, and recommend measures to eliminate or control the risks present.

The level of competence required will vary depending on the hazards present, quantities and durations that these hazards are present, and the organisational and environmental factors involved.

A DSEAR risk assessment does not constitute a comprehensive assessment of all workplace hazards as required under the Management of Health and Safety at Work Regulations (MHSWR) 1999, and additional specific risk assessments may be required, for example – COSHH, or manual handling.

REVIEW OF DSEAR RISK ASSESSMENT?

The time between reviews depends on the nature and extent of the risk present, however, it is recommended that you complete a DSEAR Risk Assessment at intervals not exceeding 3 years. If you introduce significant changes to your workplace, such as changing the dangerous substances present or their quantities, or changing the work equipment or processes, you should review your risk assessment. Similarly, you should do this in the event of an incident, including a near miss – for example a release of a dangerous substance without ignition – to determine if the measures you have in place are sufficient.

HOW CAN YOU CONTROL THE RISK?

From the findings of the risk assessment, if a risk cannot be eliminated, DSEAR requires control measures to be implemented in the following order:

  • Reduce the quantity of dangerous substances to a minimum
  • Avoid or minimise releases of dangerous substances
  • Control releases of dangerous substances at source
  • Prevent the formation of a dangerous atmosphere
  • Collect, contain, and remove any releases to a safe place (for example, through ventilation)
  • Avoid ignition sources
  • Avoid adverse conditions (for example, exceeding the limits of temperature or control settings) that could lead to danger
  • Keep incompatible substances apart

In addition to these control measures, DSEAR requires mitigation measures to be put in place. These can include:

  • Reducing the number of employees exposed to the risk
  • Providing plant that is explosion resistant
  • Providing plant that is corrosion resistant
  • Providing explosion suppression or explosion relief equipment
  • Taking measures to control or minimise the spread of fires or explosions

ZONING

Where the DSEAR risk assessment determines the presence or potential for flammable atmosphere, these areas shall be classified into a ‘zone’. The type of zone will be dependent on the frequency and duration of an explosive atmosphere.

The zone classifications are:

  • Zone 0 (Zone 20) -That part of a hazardous area in which an explosive atmosphere is continuously present, or present for long periods, or frequently
  • Zone 1 (Zone 21) – That part of a hazardous area in which an explosive atmosphere is likely to occur occasionally in normal operation
  • Zone 2 (Zone 22) – That part of a hazardous area in which an explosive atmosphere is not likely to occur in normal operation but, if it does occur, will persist for a short period only

Zones 0, 1 and 2 are used for explosive atmospheres formed of flammable gases, vapours or mists. Zones 20, 21 and 22 are used for explosive atmospheres formed of combustible dusts.

EQUIPMENT

DSEAR sets out the link between zones, and the equipment that may be installed in that zone. This applies to new or newly modified installations. The equipment categories are defined by the ATEX equipment directive, set out in UK law as the Equipment and Protective Systems for use in the Potentially Explosive Atmospheres Regulations 1996.

The following categories of equipment must be used in the zones indicated, provided they are suitable for gases, vapours, mists, dusts or mists and dusts, as appropriate: –

  • in zone 0 or zone 20 – Category 1 equipment
  • in zone 1 or zone 21 – Category 1 or 2 equipment
  • in zone 2 or zone 22 – Category 1, 2 or 3 equipment

For any equipment, in use within any DSEAR zone, or installed for the health and safety of workers, should be inspected, tested, and maintained, as set out in the manufacturers manual to ensure it is in an efficient state, in efficient working order and in good repair. Where any equipment has a maintenance log, the log should be kept up to date.

ADDITIONAL CONTROL MEASURES

Additional control measures include:

  • Provide Information, Training, Instruction, and supervision to employees
  • Provide Personal Protective Equipment (PPE) as identified by risk assessment
  • Provide Safe Systems Of Work (SSOW) for routine and non-routine activities undertaken
  • Introduce a Permit To Work (PTW) system for any work undertaken in DSEAR zones
  • Ensure contractors are competent, work to suitable and sufficient Risk Assessment Method Statements (RAMS), suitably insured, and have suitable equipment for any work undertaken in DSEAR zones

KEY ACTIONS

  • Identify liquids, gases, dusts, substances that are flammable, explosive, or corrosive to metals
  • Where reasonably practicable, avoid the use of such materials or substitute with less dangerous materials
  • Do not allow hot work in circumstances which could create danger
  • Minimise the quantities of flammable and dangerous substances stored
  • Undertake risk assessment in accordance with DSEAR, taking specialist advice as required
  • Ensure that there is effective control of the release of flammable and dangerous substances, ignition sources and hot surfaces
  • Only allow work on gas appliances using Gas Safe registered contractors
  • Implement improvements as identified by the DSEAR risk assessment for the safe storage, use and disposal of flammable and dangerous substances
  • Undertake the inspection, testing, and maintenance of control measures
  • Ensure there are adequate emergency procedures for spillages, leaks or other foreseeable situations
  • Ensure suitable and sufficient insurance is available
  • Provide information, training, instruction, and supervision to relevant stakeholders
  • Keep records
  • If petrol is to be stored for dispensing into motor vehicles including for retail sale, obtain a petroleum storage certificate from the petroleum enforcing authority before the storage takes place