ATEX Simplified — “A path through the mire”
An overview of current ATEX regulations and how UK businesses can ensure compliance with the new EU directives. Links are provided to guide the reader to more detailed information.
A statement from the Irish factories Act in 1955 sets out its legal position on dust explosions:
“In the case of a process giving rise to dust of such a character and to such an extent as to be liable to explode on ignition, then, unless the plant is so constructed as to withstand the pressure likely to be produced by any such explosion, all practical steps shall be taken to restrict the spread of the effects of such an explosion by the provision, in connection with the plant, of chokes, baffles, and vents, or other effective appliances.”
This is a very simple statement of fact which is still true today but now we have a dearth of legislation which attempts to harmonise the activities of EU member states and specify the minimum EHSR (essential health and safety requirements) of the process, its equipment and protective measures employed in it.
(In this presentation I will attempt to guide you to the appropriate web links, so that you can find more detail information on the specific issues- see our website for the active up to date links.)
The harmonisation trend started in the early 1990s with the Machinery Directive, which included Fire and explosion safety in construction and design of machinery.
ATEX 100A or more recently called ATEX 95 Directive 94/9/EC followed. This harmonises the sales of equipment and protective systems (i.e. vents, isolation valves, instruments etc) intended for use in a potentially explosive atmosphere. ATEX 95 Guidance & ATEX Standardization If you design and test equipment in the UK and you are selling it to another EU member state, as we are all singing from the same hymn book, then another EU member cannot refuse to accept this equipment. If the manufacturer is responsible for the quality of the sale then the user should be responsible for the proper use of the equipment. This resulted in the ATEX 137 Directive 1999/92/EC minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres. ATEX137 Non-binding Guide of Good Practice
All businesses are required no matter what size to comply with the above. The ATEX 137 has been brought into legislation in the UK by the Dangerous Substances and Explosives Atmospheres Regulations (DSEAR) 2002 No. 2776
There is a very good short guide to the DSEAR: see Safe Handling of Combustable Dusts. This leaflet provides practical advice to employers (particularly those with small and medium-sized businesses), and the self- employed, about the basic requirements of the DSEAR 2002.
If you want to ensure you are in compliance with DSEAR in the UK, the HSE has issued a set of Approved Codes of Practice (ACOPs) insert DSEAR to order the book(s) online. These have a special legal status and if you are prosecuted for a breach of Health and safety and you have not complied with these ACOPs, then the court will find you at fault! There is concise help in the non-binding guidance to ATEX 137, on the employer ensuring that an explosion protection document is drawn up and kept up to date with the information required below.
To comply you must:
- carry out a risk assessment of any work activities involving dangerous substances; do you have a hazard at all; check generic data or industry sources
- provide measures to eliminate or reduce risks as far as is reasonably possible
- 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. Note especially in the cases of zone 1 or 21 and 2 or 22 the importance of the word normal operation. As a guide, previous codes defined long periods as >1000hrs /year, likely to occur was 10 -1000hrs /year and not likely to occur in normal operation was <10 hrs/yr
As a result of grave concern about the 2003 to 2006 window the HSE has offered the following:
Under ATEX 95:
As discussed, protective systems which were placed on the market prior to July 2003 and which met the required standards at the time, do not now have to be certified under ATEX 94/9/EC (ATEX 95). However, under the DSEAR Regs. (which implemented ATEX 137) any such systems which remain in use have to be subject to periodic inspection/ testing to ensure that they remain fit for purpose. The DSEAR ACOP L138 covers this briefly in the guidance on reviewing risk assessments (regulation 5). These states in Para 176:
When reviewing the risk assessment employers should take the opportunity to reconsider their control and mitigation measures including:
(b) a re-examination of the control/ mitigation measures in place to see if they can be improved.
Under Schedule 1 (General safety measures), again as part of the risk assessment, the ACOP states in para 360 that certain matters should be taken into account, including:
(d) in the case of a protective system, that it will be sufficient to deal with the likely size and spread of a fire, explosion or similar energetic event, taking into account the equipment to which it is attached.
DSEAR is not explicit on how the above duties should be carried out, but it is clear that such assessment/ work should be done by a competent person, applying the recognised procedures and standards appropriate to the particular protective system involved.
Where ATEX 95 would come in is if any substantial modifications were to be made to an old protective system, or if any explosion-critical parts would have to be replaced, in which cases the system would have to be recertified, or ATEX-certified components would have to be used, respectively.
Under ATEX 137:
As long as the equipment complied with the relevant standards when placed on the market, it does not need to be re-certified to meet ATEX 95, except in the case where major modifications are made to an existing system or if critical parts are replaced.
Section 7 of the EU Guidance on ATEX 95 gives some information on used, repaired or modifed products and spare parts - in particular 7.2 confirms the non-applicability of ATEX 95 for equipment that was placed on the market before the Directive entered into force. 7.5 and 7.6 cover repairs or modification to equipment that is in use. 7.5 covers assessment under ATEX 95 of substantially modified equipment and 7.6 ties this into national regulations on use informing of the possibility of inspection of repairs. The information can be found following this link: USED, REPAIRED OR MODIFIED PRODUCTS AND SPARE PARTS
My last comment on this new challenge is that more than 2000 incidents of gas, mist and dust/air atmospheres occur annually in Europe, causing injuries, loss in production, plant damage and even death. This is not acceptable and the introduction of the ATEX regulations should be welcomed. There are many organisations suddenly offering products and services which can help you through this, but make sure they are reputable with a history in explosion prevention and protection. The ATEX exercise should be programmed and carried out by the employers with their workers to make industry a safer and more profitable experience.
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