The Dangerous Substances and Explosive Atmospheres Regulations 2002 came into effect in December 2002 and set minimum requirements for the protection of workers and others from fire and explosion risks related to dangerous substances and potentially explosive atmospheres.
They were amended in June 2015 to include gases under pressure and substances corrosive to metals.
Employers are required to control the risks to ensure the safety of employees and others from these hazards.
Gases under pressure
Gases that are under pressure (e.g. gas in a cylinder) may present a risk of explosion if not correctly handled in the workplace. All compressed gases are hazardous because of the high pressures inside the cylinders. There have been cases in which damaged cylinders have become uncontrolled rockets or pinwheels and have caused severe injury and damage. All gas cylinders present an explosion risk if exposed to fire.
Examples of non-flammable gases that could explode in a fire situation include:
- Carbon dioxide cylinders
- Argon cylinders
- Cylinders containing fire suppressants such as FM200, Inergen
- Compressed air cylinders/vessels
Substances corrosive to metals
Substances that can corrode metals could cause structural damage reducing integrity of structures if not suitably contained.
From June 2015, DSEAR places a formal requirement on employers to assess the risks for substances if classified for the above properties and put in place suitable control and mitigation measures. It is anticipated that the practical impact, if any, of these two changes described above will be minimal because the intrinsic hazards of the substances being used, or present, in workplaces is unchanged. The need to carry out a risk assessment and have in place procedures for the safe use of chemicals not currently covered by DSEAR is already required by the general requirements of the Health and Safety at Work etc Act 1974, and the Management of Health and Safety at Work Regulations 1999. Therefore, assuming businesses are already complying with these duties, they are unlikely to need to take any additional action.
Natural Gas
There is a lot of uncertainty over whether the presence of natural gas in a commercial or industrial premises means that a DSEAR assessment is needed, where no other dangerous substances or explosive atmospheres are present.
The answer is yes, although it depends on how it is used.
Parts of the DSEAR regulations don’t apply to gaseous fuel-burning appliances, which are used for cooking, heating, hot water production, refrigeration, lighting or washing, provided that (where applicable), the normal water temperature does not exceed 1050C.
This exemption does not include appliances specifically designed for use in an industrial process carried out on industrial premises, and pressurised, liquefied or compressed natural gas is not exempted.
The parts of DSEAR that do not apply are:
- Regulation 5(4)c:
To have written classification of zones
- Regulation 7:
To classify zones, to provide appropriate electrical equipment, to provide signage, to have a workplace being used for the first time verified, to provide appropriate clothing
- Regulation 11:
Duty of co-ordination in shared premises
However, the rest of the DSEAR regulations apply, it is not a total exemption, so if you have natural gas on your premises for whatever purpose, the following relevant parts of DSEAR need to be complied with:
- Regulation 4:
Duty to persons in addition to employees
- Regulation 5:
To make a suitable risk assessment, to regularly review the risk assessment, to record the significant findings arising out of the risk assessment
- Regulation 6:
To eliminate or reduce risk, to use safer substitute substances where possible, to control risks and mitigate the detrimental effects from fire/explosion
- Regulation 8:
To have in place suitable arrangements for accidents, incidents and emergencies
- Regulation 9:
To provide suitable information, instruction and training
- Regulation 10:
To ensure the contents of containers and pipes are clearly identifiable
There are separate regulations that apply specifically to gas appliances and in a workplace, the employer’s duties are covered by the Health & Safety at Work Act 1974.
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