DSEAR in RRO

[Controller71]

A recent inspection by local fire authority of a premises highlighted that a dsear risk assessment was not included in the significant findings part of the FRA even though the site had only very small quantities of items that fall under this legislation. The substances were documented but as the quantities were small i.e. single acetylene cylinder, small fuel can for lawn mower, paint thinners  etc, full assessments were not included, is there not a quantity level required before the regs kick in or does it apply even for very smallest amounts.

[Big T]

Controller,

DSEAR places additional duties on employers where potentially explosive atmospheres may occur in the workplace, in my opinion regardless of quantity.. These duties include:
•   identifying and classifying (zoning) areas where potentially explosive atmospheres may occur;
•   avoiding ignition sources in zoned areas, in particular those from electrical and mechanical equipment;
•   where necessary, identifying the entrances to zoned areas;
•   providing appropriate anti-static clothing for employees;
•   Before they come into operation, verifying the overall explosion protection safety of areas where explosive atmospheres may occur.

Employers must do the following things:
      
1.Check if the substance is classified under Chemicals (Hazard information and packaging for supply) regulations 2002 (CHIP) as Oxidising, explosive, extremely flammable or flammable.
2.Assess the properties of the substance, work activity or preparation to ascertain whether or not it creates a potential for fire, explosion or similar energetic event.

Acetylene would definately need an assessment as would the operation of refilling the lawn mower. DSEAR is a health and safety thing so would need suitable risk assessments.

[kurnal]

Common sense needs to prevail here. Yes the DSEAR regs- enforced by the HSE and applicable only to workplaces- do require a risk assessment to be carried out but that doesnt mean we need to introduce stringent risk control measures. A safe system of work for the mower ( fill it outside and store small quantities of fuel in propoer cans etc) and the use of the acetylene cylinder ( BOC and HSE guidance available with standard systems of work) will do the trick. Remember that DSEAR is there to cover the risk of an explosive atmoushers- as could arise in a small space if the petrol  is spilled or the acetylene cylinder should leak. But theres no way the white spirits could create this unless you are bathing in it and heating it up .

All the fire authority have power to do is to make an observation that the RA does not include the significant findings of the DSEAR risk assessment. But this should not be an instruction to carry one out- merely that the  fire risk assessment should be reviewed to include the findings of the DSEAR assessment.

[johno67]

DSEAR is 'The Dangerous Substances AND Explosive Atmoshere Regulations', so as Big T outlined, the criteria is fairly clear. The fire authority have powers to require the 'general fire precautions' to be appropriate to the risk caused by those dangerous substances. So if they don't think they are adequate for the risk created by the dangerous substances they can ultimately enforce to ensure that they are.

[jokar]

some dangerous substances have no effect in or at a fire but are still classified as dangerous because of toxicity and some are used in FFE to suppress fire.  What is the cut off then?

[johno67]

'Dangerous Substances' are classified in DSEAR & in the RR(FS)O (see Big T's post). These are different from the more general term 'Hazardous Substances' which will include 'Dangerous Substances' plus toxic, harmful, etc.

[kurnal]

DSEAR is 'The Dangerous Substances AND Explosive Atmoshere Regulations', so as Big T outlined, the criteria is fairly clear. The fire authority have powers to require the 'general fire precautions' to be appropriate to the risk caused by those dangerous substances. So if they don't think they are adequate for the risk created by the dangerous substances they can ultimately enforce to ensure that they are.

Yes Johno67 but how would you word this and handle it? I believe you cannot issue specific recommendations or requirements relating to the process fre risks ( ie a SSOW)  in any enforcement action under the Fire Safety Order? So all you can do is reject the fire risk assessment as being unsuitable and enforce a review of the fire risk assessment to take into account the findings of the PUWER / DSEAR / Workplace H&S Regs as appropriate.

[Mike Buckley]

Fine kurnal but where do you stop? If the IOs are enforcing a review under PUWER, Workplace H&S Regs, how about COSHH, Confined Spaces Regs, PPE Regs etc. etc. ? Without restarting the arguement about the knowledge and expertise of some IOs, if they have problems with the FSO how can they be expected to deal with all the H&S legislation as well?

[jayjay]

The DSEAR Reg’s are applicable to the storage and use of any substance that may produce an explosive atmosphere and is not restricted to liquids or gases as we all know dust explosions can occur.

A fire risk assessment must consider any flammable substances which will include liquids, gases and dusts. The risk assessment will also need to cover the use of these substances.
If a risk assessment is being carried out under the Fire Safety Order surely this is acceptable as a DSEAR assessment.

In by far the majority of premises there will be no need to consider explosion venting or flameproof equipment.

There are 4 or 5  guides provided by the HSE on DSEAR.
For a DSEAR assessment and an model example of a assessment for acetylene see this link.

http://www.bcga.co.uk/preview/riskassessments.php

[johno67]

Kurnal,

I believe that under the FSO, if an IO carries out an audit and they believe that the general fire precautions are inadequate in relation to the risk presented by the dangerous substance/explosive atmosphere then they can use enforcement action. You are quite right that the FA can't demand anything in relation to storage and process risks (still within the HSE's remit), but they can ask for the travel distances to be reduced, additional fire-resisting construction to be put in place, a higher degree of early warning etc.

[kurnal]

Fine kurnal but where do you stop? If the IOs are enforcing a review under PUWER, Workplace H&S Regs, how about COSHH, Confined Spaces Regs, PPE Regs etc. etc. ? Without restarting the arguement about the knowledge and expertise of some IOs, if they have problems with the FSO how can they be expected to deal with all the H&S legislation as well?

Mike I wasnt suggesting that they should. Quite the opposite. My argument may have been a little garbled but I  was only making the same point as you-  that any enforcement action taken under the Fire Safety Order must only cover those areas directly under the remit of General Fire Precautions and the articles of the Fire Safety order.

Take a hazardous chemical mixing plant as an example. The Fire Officer or fire risk assessor cannot be competent to assess the risk of fire or explosion arising from the process. The employer has a duty to cover this under risk assessments under  PUWER and DSEAR. If carrying out a fire risk assessment we will ask to see the significant findings of the PUWER and DSEAR. We wont comment as to whether it is suitable and sufficient unless it is patently so poor as to be totally inadequate.  

If on assessment or audit we spot something obvious like corrosion or  earth bonding defective or bad practice like careless operation under the fire safety order all we can say is that the PUWER or DSEAR risk assessment or SSOW must be reviewed and the significant findings taken into account.  AND then  the fire risk assessment or enforcement notice  may ask for additional general fire precautions to compensate for the level of residual risk as as JohnO points out.

Oh I dunno- Perhaps its time to stop digging

[johno67]

A decent IO should be aware of the contents of the DSEAR ACOP's, which cover storage, maintenance, etc. So they should have some idea of the requirements in relation to dangerouse substances. Now, although these come under the jurisdiction of the HSE, the IO should be able to make a judgement on whether the general fire precautions are adequate in relation to the risk. If the IO considers that the standards are inappropriate or they are unsure, then I would suggest that the sensible approach, that most of the IO's I know would take, would be to contact the HSE to seek their advice. If the H&S inspector is happy with the arrangements but the IO still believes the general fire precautions are inadequate for the residual risk, then they can use enforcement action (a term which includes advice, recommendations, enforcement notices etc) to ensure the premises do not pose an unacceptable risk to employees and relevant persons.