"ATEX Simplified" — new article published in The Industrial Focus magazine about how to find information on the ATEX directives
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 particle 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.
The harmonisation trend started in the early 1990’s with the Machinery directive Directive 98/37/EC, http://europa.eu.int/comm/enterprise/mec ..., 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. See: http://europa.eu.int/comm/enterprise/ate ... 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. http://europa.eu.int/comm/enterprise/ate ...
The Irish Health and Safety Authority web site gives good links especially to the non-binding guide to good practice for implementing ATEX 137 (users) and 95 (products). http://www.hsa.ie/publisher/index.jsp?&1 ....
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, http://www.legislation.hmso.gov.uk/si/si ...
There is a very good short guide to the DSEAR see http://www.hse.gov.uk/fireandexplosion/i ... 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 (ACOP’s). 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 ACOP’s, 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. Also purchase their 'Safe handling of combustible dusts' this guidance is not compulsory and you are free to take other action, but if you do follow the guidance you will normally be doing enough to comply with the law. See: http://www.hsebooks.com/Books insert combustible in the search engine and order the book on line.
To comply under ATEX 137 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 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
(This duty is being phased in – see below)
| Workplace | When requirements must be met |
|---|---|
| Workplace already in use before July 2003 | Workplace must meet requirements by July 2006 |
| Workplace already in use before July 2003 but modified before July 2006 | Workplace must meet requirements from the time the modification takes place |
| Workplace coming into use for the first time after 30 June 2003 | Workplace must meet requirements from the time it comes into use |
Although there has been plenty of notice about the time table above, clarity on exactly how employers and manufacturers meet the requirements of ATEX are only becoming clear now. Many of the standards and guidance documents for ATEX are still on the drawing board.
As a result of grave concern about the 2003 to 2006 window the HSE has offered the following:
"When DSEAR was being written, we made it clear that there was no intention of forcing everyone to rip out existing equipment that was acceptably safe in 2006. There is no final answer from HSE on this yet, but for the moment we can say that: By 2006 employers should have completed their zoning, if they've never done this before; they should have looked at the equipment that is in the zones and think, 'What would be covered by ATEX if I bought it new now?'
"Then for the existing equipment you should ask, is it acceptably safe?
"The standard to be reached is not the same as ATEX, in deciding whether something is safe for continued use, you could ask the following questions:
- Does the user have any operating experience that shows up risks or problems?
- Contact the OEM. Do they have any knowledge of safety issues that have come to light in the years since it was first sold?
- What maintenance have you done? How do you know it is as safe as the day it was first used? Most of this equipment in the dust handling industries does not need a formal regular inspection like a pressure vessel, but it can wear away until it is so thin, no vent panel could protect it. Electrical equipment might have seals that have perished...
- Then as a last step, you could compare the equipment against current ATEX standards. There is no strict legal requirement to bring it up to the new full standard, but there may be things you could do at reasonable cost to upgrade it. If that is the case, we might insist it is done. Over time standards move on and just because something was acceptably safe 30 years ago, does not mean that you will never have any upgrades to do on it. As an example, much dust handling equipment will have no temperature rating, even if it is dust tight. You could actually measure the surface temperature in service, if that was seen as a real issue, but don't waste effort doing it on things which have no reason to get hot, like a junction box."
The HSE is expecting to issue something on this question soon, and these points are likely to be the part of that guidance when it comes.
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 in and carried out by the employers with their workers to make industry a safer and more profitable experience.
Declan Barry, MD. ATEX Explosion Hazards Ltd.
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