Government implements CAD package

New Regulations to control fire and explosion risks from dangerous substances and potentially explosive atmospheres came into force on 9 December 2002.

The Dangerous Substances and Explosive Atmospheres Regulations 20021 (DSEAR) apply to all dangerous substances at nearly every business in the UK. The Regulations contain no requirements that are fundamentally new, and employers that comply with existing legislation should notice no significant change.

DSEAR implements the safety aspects of the chemical agents Directive (98/24/EC)(CAD) and the requirements of the explosive atmospheres Directive (99/92/EC). The health requirements of CAD were implemented in November 2002 through new Regulations on lead, asbestos and hazardous substances (New COSHH and lead Regs implemented and Workplace asbestos survey set for 2004). The HSE will publish guidance, an Approved Code of Practice and a leaflet for small and medium-sized businesses to support DSEAR.

DSEAR sets minimum requirements for the protection of workers from fire and explosion risks related to dangerous substances and potentially explosive atmospheres, complementing the requirement to manage risks under the Management of Health and Safety at Work Regulations 1999. DSEAR applies in workplaces where there is any substance or mixture of substances with the potential to create a risk from energetic (energy-releasing) events such as fire, explosions and thermal runaway from exothermic reactions. Dangerous substances include petrol, liquefied petroleum gas (LPG), paints, varnishes, solvents and certain types of dust that are explosive, such as wood dust.

The DSEAR package also modernises legislation covering petroleum. Previously, the keeping of petrol was controlled by licences issued under the Petroleum (Consolidation) Act 1928. DSEAR duplicates these controls and removes licensing requirements for petrol, except for petrol that is being kept for dispensing into vehicles. Work is continuing to modernise further the petrol regime.


DSEAR duties

The main requirements of DSEAR are that employers and the self-employed must, with immediate effect:

  • carry out an assessment of the fire and explosion risks of any work activities involving dangerous substances;

  • provide measures to eliminate, or reduce as far as is reasonably practicable, the identified fire and explosion risks;

  • apply measures, so far as is reasonably practicable, to control risks and to mitigate the detrimental effects of a fire or explosion;

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

  • provide employees with information and precautionary training.

    From 30 June 2003, where explosive atmospheres may occur:

  • the workplaces should be classified into hazardous and non-hazardous places, and any hazardous places classified into zones on the basis of the frequency and duration of an explosive atmosphere, and where necessary marked with a sign;

  • equipment in classified zones should be safe and satisfy the requirements of the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres 1996; and

  • the workplaces should be verified as meeting the requirements of DSEAR, by a competent person.

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    1"Dangerous Substances and Explosive Atmospheres Regulations 2002", SI 2002 No. 2776, Stationery Office, ISBN 0 11 042957 5, £3.50, or www.hmso.gov.uk/si/si2002/20022776.htm, free.

    2Not yet published.