Dangerous Substances and Explosive Atmospheres Regulations (DSEAR)

Dangerous Substances and Explosive Atmospheres Regulations (DSEAR)

HEALTH & SAFETY UNIT SPRING 2014

DSEAR Guidance

Introduction

The Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR) require employers to assess the risks of fires and explosions that may be caused by dangerous substances in the workplace and then eliminate or reduce these risks as far as is reasonably practicable. The Regulations clarify the existing requirements to manage fire and explosion risks which are set out in the Management of Health and Safety at Work Regulations 1999.

What is DSEAR ?

Dangerous Substances and Explosive Atmosphere 2002. (DSEAR) is principally concerned, with the safe use of substances that can create thermal radiation effects (burns) and over-pressure effects (blast injuries). DSEAR has replaced a number of older regulations dealing with flammable substance safety. DSEAR applies to workplaces where dangerous substances are present, used or produced. Dangerous substances are substances or mixtures of substances that could create risks to people’s safety from fires, explosions or similar events. In summary, a dangerous substance is any natural or artificial substance, which is explosive, extremely flammable, highly flammable or flammable, including liquids, vapours, gases, dust; and equipment that might leak or generate a dangerous substance. Such substances that are bought in commercially will be recognised by the standard pictograms on the container.

What is Dangerous Substances ?

Dangerous substances or mixtures that could create risks to people’s safety from fires and explosions or similar events such as chemical Exothermic reaction, liquids, gases, vapours and dust that may be found in the workplace can all be dangerous substances.

·  Substances or mixtures of substances classified as Explosive, Oxidising, Flammable, Highly Flammable or Extremely Flammable come under the CHIP Regulations.

·  Any kind of dust that when spread in air to form a cloud can explode e.g. dust from milling and sanding operations

·  Any substances or mixtures of substances, which because of their physical properties if present in the workplace can create a risk to safety and explosions, but which may not be covered by CHIP. For example high flashpoint liquids present in the workplace at elevated temperatures.

Dangerous substances can be found in varying quantities in most workplaces.

What is Explosive Atmosphere ?

An explosive atmosphere is an accumulation of gas, mist, dust or vapour , mixed with air, which has the potential to catch fire or explode. An explosive atmosphere does not always result in an explosion, but it catches fire the flames would quickly travel through it and if this happened in a confined space (e.g in plant or equipment) the rapid spread of flames or rise in pressure could also cause an explosion

Types of activities, plant, equipment and locations likely to present an explosion hazard include:

• Using explosives, flammable liquids or flammable gases

• Flammable liquid or flammable gas stores

• Pouring or handling flammable liquids such as solvents (including wastes)

• Paint spraying

• Flammable vapour extraction

• Dust extraction (e.g. from woodworking)

• Hot work on tanks that have contained flammables

• Activities that could release naturally occurring methane

Duty holders must classify where explosive atmospheres may occur into defined zones and mark the zones where necessary, and carry out a risk assessment of any work activities involving dangerous substances (regardless of the quantity) taking account of such matters as:

• The hazardous properties of the substances, preparations or articles

• The way they are stored or used

• The possibility of explosive atmospheres occurring

• All potential ignition sources

• Non-routine activities such as maintenance work

• Adverse conditions and unplanned events such as accidental releases or exceeding the limits of temperature or other control settings

• Measures to eliminate or reduce risks as far as is reasonably practicable

• Provision of equipment and procedures to deal with accidents and emergencies

• Provision of information, instruction and training

The Management of Health and Safety at Work Regulations 1999 (the Management Regulations).

The Management Regulations require employers, amongst other things, to:

·  assess the general risks to health and safety arising from their work activity

·  identify the preventive and protective measures that need to be taken to control the identified risks

·  introduce procedures for serious and imminent danger

·  to provide information and training for employees.

Where dangerous substances are present or used at the workplace the more specific provisions of DSEAR will apply to work with those substances. For example, an assessment of the risks from dangerous substances carried out under DSEAR will not need to be repeated for The Management regulations, and in many cases will be incorporated into the more general MHSW assessment. Similarly, the provisions in DSEAR concerning arrangements for emergencies involving dangerous substances will generally be sufficient to fulfil the corresponding general requirements for such procedures in the Management regulations.

The Control of Substances Hazardous to Health Regulations 2002

Health risks from substances are controlled primarily by the Control of Substances Hazardous to Health Regulations (COSHH).

The definitions of “dangerous substance” and “substance hazardous to health” contained in DSEAR and COSHH respectively, cover a wide range of substances. As a result, some substances that may be dangerous to safety could also present a health risk.

For example, certain gases (e.g. hydrogen, methane, propane, etc) are extremely flammable and come within the scope of DSEAR. However, the gases themselves can also act as asphyxiants, reducing the quantity of oxygen present in a workplace to the extent that life can be put at risk. As a result, they will also satisfy the definition of a substance hazardous to health for the purposes of COSHH. Therefore, where substances that could result in a risk to both safety and health are present, employers have duties to control the risks from those substances under both sets of Regulations.

As most, but not all, dangerous substances present a health risk as well as a safety risk most of them will have already been identified and will be dealt with in the usual COSHH risk assessment for hazardous substances. It may therefore be prudent and less time consuming to address the hazards of fire and explosion at the same time as undertaking the COSHH risk assessment, by completing the DSEAR Pre Assessment Form (Appendix 1) . Where hazard of fire and or explosion risk has been identified, it will be necessary to complete the full DSEAR Risk Assessment form. (Appendix 2)

When Does DSEAR Apply?

·  When a dangerous substance is present (or is liable to be present) at the workplace;

·  the dangerous substance could be a risk to the safety of people as a result of fires, explosions or similar energetic events.

Fires and explosions create harmful physical effects - thermal radiation, overpressure effects and oxygen depletion. These effects can also be caused by other energetic events such as runaway exothermic reactions involving chemicals or decomposition of unstable substances such as peroxides.

The following examples illustrate the type of activities covered by DSEAR:

·  Storage of petrol and LPG as a fuel for cars, boats, horticultural machinery etc.;

·  Use of flammable gases, such as acetylene, for welding;

·  Handling and storage of waste dusts in woodworking shops;

·  Handling and storage of flammable wastes including fuel oils;

·  Hot work on tanks or drums that have contained flammable material;

·  Work activities that could release naturally occurring flammable substances such as methane

·  Use of flammable solvents in laboratories

·  Storage of flammable goods, such as paints, solvents, reagents;

·  Storage, use and handling of flammable gases, including LPG;

·  Transport of flammable liquids in containers around the workplace;

·  Chemical or gas manufacture resulting from research or teaching

DSEAR applies to workplaces where dangerous substances are present, used, or produced. Workplaces are any premises or parts of premises used for work. This includes places such as industrial and commercial premises, land-based and offshore installations, mines and quarries, construction sites, vehicles and vessels, etc. Places such as the common parts of shared buildings, private roads and paths on industrial estates and road works on public roads are also premises, as are houses and other domestic premises, if people are at work there.

How to I comply with DSEAR?

When working in any industry DSEAR places duties on the employers to assess and eliminate or reduce risks from dangerous substances and to comply with DSEAR, means the employer needs to assess any risks thereby preventing or controlling risks using;

You must:

·  carry out a risk assessment of any work activities involving dangerous substances;

·  provide measures to eliminate or reduce risks as far as is reasonably practicable;

·  provide equipment and procedures to deal with accidents and emergencies;

·  provide information and training to employees;

·  classify places where explosive atmospheres may occur into zones and mark the zones where necessary

Assessing risks

Before work is carried out, the fire and explosion risks that may be caused by dangerous substances must be assessed. This should be an identification and careful examination of:

·  the dangerous substances in the workplace;

·  the work activities involving those substances; and

·  the ways in which those substances and work activities could harm people.

The purpose is to help employers to decide what they need to do to eliminate or reduce the risks from dangerous substances.

If there is no risk to safety from fires and explosions, or the risk is trivial, no further action is needed. If there are risks then employers must consider what else needs to be done to comply fully with the requirements of DSEAR. If an employer has five or more employees, the employer must record the significant findings of the risk assessment.

Preventing or controlling risks

Control measures must be put in place to eliminate risks from dangerous substances, or reduce them as far as is reasonably practicable. Where it is not possible to eliminate the risk completely, measures must be taken to control risks and reduce the severity (mitigate) the effects of any fire or explosion

The best solution is to eliminate the risk completely by replacing the dangerous substance with another substance, or using a different work process. For example, replacing a low flashpoint liquid with a high flashpoint one.

Control measures

Where the risk cannot be eliminated, DSEAR requires control measures to be applied

Eliminating a hazardous operation, material or condition

·  Substituting non-flammable for flammable solvent

·  reduce the quantity of dangerous substances to a minimum;

·  avoid or minimise releases of dangerous substances e.g. via the use of fully contained systems such as welded pipework;

·  control releases of dangerous substances at source;

·  prevent the formation of a dangerous atmosphere e.g. operating below flashpoint of a dangerous substance;

·  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.

·  Providing clothing that does not create risk of electrostatic discharge

·  Local exhaust ventilation – this must meet HSE recommended air flow rates and have various safety features such as explosion relief venting and earth bonding (applicable to dust or vapour)

·  “Explosion proof” equipment – the level of protection will depend on the zoning; DSEAR specifies which types of protection are acceptable for which level of zoning

·  Safe systems of work, including Hot Work permits

·  Separating fuels from sources of heat and ignition

·  Controlling releases at source, and collecting, containing and removing them

·  Avoiding adverse conditions that could lead to danger

·  Information, instruction and training

These control measures should be consistent with the risk assessment and appropriate to the nature of the activity or operation.

Mitigation

In addition to control measures, DSEAR requires mitigation measures to be put in place. These measures should be consistent with the risk assessment and appropriate to the nature of the activity or operation and include:

·  reducing the number of employees exposed to the risk;

·  providing plant that is explosion resistant;

·  providing explosion suppression or explosion relief equipment;

·  taking measures to control or minimise the spread of fires or explosions; e.g. firefighting equipment

·  providing suitable personal protective equipment.

Arrangements to deal with accidents, incidents and emergencies

DSEAR requires that employers make arrangements to protect employees (and others who are at the workplace) in the event of accidents etc. The provisions build on existing requirements in Regulation 8 of the Management Regulations and require employers to make arrangements including:

• Suitable warning (including visual and audible alarms) and communication systems

• Escape facilities - if required by the risk assessment

• Emergency procedures to be followed in the event of an emergency

• Equipment and clothing for essential personnel dealing with the incident

• Practice drills

• Making information on the emergency procedures available to employees

• Contacting the emergency services to advise them that information on emergency procedures is available (and providing them with any information they consider necessary)

The scale and nature of the emergency arrangements should be proportionate to the risks.

However it should be noted that these requirements clarify what already needs to be done in relation to the safety management of dangerous/hazardous substances in existing legislation e.g. the Management of Health and Safety at Work Regulations 1999, the Control Of Substances Hazardous to Health Regulations 2002, the Fire Precautions (Workplace) Regulations1997/99, the regulatory reform (Fire Safety) Order 2005, and the Fire Precautions Act 1971 and associated Codes of Practice, and therefore should not require any additional duties to those already present in complying with this existing legislation.

Information, instruction and training

Employers are required to provide employees and other people at the workplace who might be at risk with suitable information, instruction and training on precautions and actions they need to take to safeguard themselves and others, including: