Activities or dangerous substances to which DSEAR applies

The following activities and substances may be commonly found in the work situation. The list is not exhaustive, but merely offered as example:

• Storage of petrol as a fuel for cars, horticultural machinery, etc.
• Use of flammable gases, such as acetylene, for welding
• Handling and storage of waste dusts in woodwork 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 methane
• Use of flammable solvents in laboratories
• Storage of flammable goods, such as paints, solvents, reagents
• Storage, use and handling of flammable gases, including Liquid Petroleum Gas
• Transport of flammable liquids in containers around the workplace
• Chemical/gas manufacture, resulting from process or research experiment

DSEAR is concerned with the harmful physical effects from thermal radiation (burns), over-pressure-effects (blast injuries) and oxygen depletion effects (asphyxiation) arising from fire or explosion.

3.1 Determining the presence of dangerous substances

You should undertake the following:

3.1.1  Check whether the substances have been classified under the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 (CHIP) as: explosive, oxidising, extremely flammable, highly flammable or flammable.  When dangerous/hazardous substances are supplied for use at work, suppliers must provide you with safety data sheets and these should identify whether the chemical is classified under the CHIP Regulations as flammable, oxidising, etc. If a substance or preparation is classified as explosive, oxidising, extremely flammable, highly flammable or flammable then it is a dangerous substance.

 
In the case of proprietary substances purchased from a supplier, and classified under CHIP, the packaging in whatever form (cylinder, drum, bottle, tin, or box) should contain warning pictograms denoting the safety hazard; this is often the most easily noted warning that a substance is dangerous. The packaging may also include EU risk phrases e.g. "R9 - explosive when mixed with combustible material".

3.1.2  Assess the physical and chemical properties of the substance or preparation and the circumstances of the work involving those substances to see if that can create a safety risk to persons from an energetic event. This is particularly important in order to identify dangerous substances that may only arise as a result of a work process. These may be vapours or gases produced during a laboratory technique, substances that decompose, or react exothermically, when mixed with other substances e.g. peroxides. Wood, and many other dusts may be dangerous substances, depending on the circumstances of the work, as when the dust is mixed in a cloud with air it can, in certain circumstances, be ignited and explode. Work activities involving grinding or machining are particularly prone to this risk.
 
The key point is that it is the combination of the properties of the substance and the circumstances of the work process that needs to be assessed. If the assessment shows that there is a safety risk to persons arising from a fire, explosion or other energy-releasing event then the substance is a dangerous substance for DSEAR purposes.

3.4     Risk assessment

1. If dangerous substances are identified as being present in the workplace DSEAR requires employers (or contractors) to carry out a risk assessment before commencing any new work activity involving dangerous substances.
    
2. The purpose of the risk assessment is to enable employers to decide what they need to do in order to eliminate or reduce so far as is reasonably practicable the safety risks from dangerous substances and ensure that these safety control measures are implemented. Therefore, imbedded within DSEAR is the well-understood safety-hierarchy of control.

3.5     Elimination

Elimination is the best solution and must be considered first. This involves replacing a dangerous substance with a substance or process that totally eliminates the risk by avoiding exposure to the hazard. In practice this may be somewhat difficult to achieve and it is more likely that it will be possible to replace the dangerous substance with one that is less hazardous (e.g. by replacing a low flashpoint solvent with a high flashpoint one) or to design the process so that it is less dangerous - for example, by reducing quantities of substances in the process, this is known as process intensification. However, care must be taken whilst carrying out these steps so as to ensure that no other new safety or health risks are created or increased.

3.6     Control measures

DSEAR requires that control measures be applied in the following order of priority consistent with the risk assessment and appropriate to the nature of the activity or operation:

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

Measures that mitigate the risk must be applied and these should likewise be consistent with the risk assessment and appropriate to the nature of the activity or operation, these should include:

• Reducing the numbers of employees exposed
• Providing plant which is explosion resistant
• Providing explosion suppression or explosion relief equipment
• Taking measures to control or minimise the spread of fires or explosions
• Providing suitable Personal Protective Equipment (PPE)

DSEAR also specifies that the measures taken to achieve the elimination, or the reduction of risk should include:

• Design, construction and maintenance of the workplace (e.g. fire-resistance, explosion relief)
• Design, assembly, construction, installation, provision, use and maintenance of suitable work processes, including all relevant plant, equipment, control and protection systems
• The application of appropriate systems of work including written instructions, permits to work and other procedural systems of organising work

DSEAR also requires the identification of hazardous contents of containers and pipes.

Many will already be marked or labelled under existing EC legislation. For those that are not, `identification' could include training, information or verbal instruction, but some may require labelling, marking or warning signs.

3.7     Additional requirements for explosive atmospheres

In places where your risk assessment indicates that explosive atmospheres may occur you should ensure that:

• areas where hazardous explosive atmospheres may occur are classified into zones based on their likelihood and persistence
• areas classified into zones are protected from sources of ignition by selecting equipment and protective systems meeting the requirements of the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 1996, although equipment already in use before 1 July 2003 can continue to be used indefinitely provided the risk assessment shows it is safe to do so;
• where necessary, areas classified into zones are marked with a specified "EX" sign at their points of entry (see example on page 7);
• where employees work in zoned areas, they are provided with appropriate clothing that does not create a risk of an electrostatic discharge igniting the explosive atmosphere;
• before coming into operation for the first time, areas where explosive atmospheres may be present are confirmed as being safe (verified) by a person (or organisation) competent in the field of explosion protection. The person carrying out the verification must be competent to consider the particular risks at the workplace and the adequacy of control and other measures put in place.

Guidance on the classification and zoning of areas where potentially explosive atmospheres may occur, and the selection of equipment for use in those areas can be found at HSE DSEAR Zoning

3.8     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.

• 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)

3.9     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:

• Names of the substances in use and risks they present
• Access to any relevant safety data sheet
• Details of legislation that applies to the hazardous properties of those substances
• The significant findings of the risk assessment
• Suitable information, instruction and training on precautions and actions to be taken by employees to safeguard themselves and others.

Employers should also make information available to employee representatives.

Information, instruction and training need only be provided to non-employees where it is required to ensure their safety. Where it is provided, it should be in proportion to the level and type of risk.

Again, much of this is already required by existing health and safety legislation and should not place any additional burden upon Departments or Services.

3.10    Recording the significant findings of the risk assessment

DSEAR requires that the significant findings of the risk assessment are recorded. The detail should include:

• The measures (technical and organisational) taken to eliminate and/or reduce risk,
• Sufficient information to show that the workplace and work equipment will be safe during operation and maintenance including:
  • details of any hazardous zones
  • any special measures taken to ensure co-ordination of safety measures and procedures, when employers share a workplace
• Measures taken to inform, instruct and train employees.

3.11    Petroleum spirit stores and legislation

The Petroleum (Consolidation) Act and Associated Regulations

DSEAR amends the workplace application of petrol safety legislation so that licensing applies only at sites which dispense petrol into vehicles, ship, boats and planes

Other sites for storing petrol etc. will not need a license but will need to comply with DSEAR.

DSEAR does not apply to any sites that are not workplaces therefore current legislation concerning the storage of petrol in domestic premises remains in place.

Such signs must be:

(a) triangular in shape,

(b)  they must have black on a yellow background with black edging

(c) the yellow portion must take up at least 50% of the area of the sign