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If you store, produce or use flammable, highly flammable, extremely flammable, oxidising or explosive substances (as well as dusts that may form explosive clouds), then you have duties under the Dangerous Substances and Explosive Atmospheres Regulations, 2002 (DSEAR).
DSEAR implements the requirements of two European Directives: the safety requirements of the Chemical Agents Directive (CAD); and the requirements of the Explosive Atmospheres Directive (ATEX 137), and applies to all dangerous substances at nearly every business in Great Britain.
Dangerous substances may be single substances or mixtures that are classified as explosive, oxidising, extremely flammable, highly flammable, or flammable under the current CHIP Regulations; dusts that may form an explosive atmosphere with air; any substances or mixtures which create a fire or explosion risk.
The duty to manage the risks from these dangerous substances stems from the duty to ensure the health and safety of employees and third parties under the Health and Safety at Work Act, 1974, as well as duties to assess and control risks under the Management of Health and Safety at Work Regulations, 1999. There may be more specific duties under other legislation, for example:
The impact of a chemical fire or other uncontrolled events can be wide ranging, from the devastation that may result to property and life, to the environmental impact of fire water run-off and the release of toxic combustion products.
Employer’s duties under DSEAR include eliminating, or reducing risk, as far as is reasonably practicable, mitigating the effects of a fire or explosion, and preparing emergency plans.
If your business uses dangerous substances, the NCEC can help you to comply with DSEAR and related legislation.
If you would like more information, please contact us