The Dangerous Substances and Explosive Atmospheres Regulations 2002

The purpose of the Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR) is to protect workers from risk of fire and explosion linked to dangerous substances and potentially explosive atmospheres. The HSE has published a Code of Practice and guidance to accompany the regulations.

In December 2013, the HSE published a new ACOP — Dangerous Substances and Explosive Atmospheres, L138. Following proposals made by the Löfstedt review, the new ACOP incorporates the ACOPS listed below, which have been withdrawn. No change has been made to the underlying DSEAR regulations:

• L134 Design of plant, equipment and workplaces;

• L135 Storage of dangerous substances;

• L136 Control and mitigation measures; and

• L137 Safe maintenance, repair and cleaning procedures.

Unloading petrol from road tankers (L133) remains a separate ACOP.

The DSEAR Regulations apply to workplaces where any substance or mixture of substances with the potential to create a risk from “energetic (energy-releasing) events”, such as fire and explosions, is present. Dangerous substances are substances or preparations that are explosive, oxidising, extremely flammable, highly flammable or flammable. They include any dust, whether in the form of solid particles or fibrous materials, petrol, liquefied petroleum gas, paints, varnishes and solvents. An explosive atmosphere is an accumulation of gas, mist, dust or vapour, mixed with air, which has the potential to catch fire or explode.

Employers must carry out a risk assessment whenever a dangerous substance is or may be present at the workplace (Regulation 5).

Employers must eliminate or reduce all risks, so far as reasonably practicable. Where risk is not eliminated, employers must to apply measures to control the risk and mitigate any detrimental effects (Regulation 6).

Places where explosive atmospheres may occur must be classified as hazardous or non-hazardous (Regulation 7). Hazardous places must be classified into zones based on the frequency and duration of an “explosive atmosphere”. The regulations stipulate mandatory requirements for all equipment and protective systems for use in hazardous places. Hazardous places must be marked with signs at their points of entry.

Employers must make arrangements to deal with accidents, incidents and emergencies (Regulation 8). These include suitable warning and communication systems, escape facilities, emergency procedures, and equipment for personnel dealing with the incident and practice drills.

Employers must provide employees with precautionary information, instruction and training where a dangerous substance is present at the workplace (Regulation 9).

Containers and pipes used at work for dangerous substances must clearly identify their contents (Regulation 10). The storage of petroleum is now covered by the DSEAR.

There are separate regulations on the manufacture and storage of explosives: the Manufacture and Storage of Explosives Regulations 2005 (MSER).