Short answer: DSEAR applies whenever your work involves a substance that could cause a fire, explosion or similar energetic event. The Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR) cover far more than heavy industry. Petrol, solvents, LPG, wood dust, flour and even the hydrogen given off by charging forklift batteries can bring a workplace within scope.
This guide explains when DSEAR applies, which activities are excluded and what employers need to do.
What is DSEAR?
DSEAR is the main piece of Great Britain’s health and safety law for protecting people from the fire and explosion risks of dangerous substances at work. It requires employers to assess those risks and then eliminate or reduce them, so far as is reasonably practicable. The regulations are enforced by the Health and Safety Executive (HSE) and, for some premises, local authorities.
What is a “dangerous substance” under DSEAR?
A substance counts as dangerous under DSEAR if it could cause harm through fire, explosion or a similar energetic reaction. This includes:
- Flammable liquids, such as petrol, solvents, thinners, alcohols and some paints, varnishes and adhesives
- Flammable gases, such as LPG, propane, acetylene, hydrogen and natural gas
- Aerosols containing flammable propellants
- Flammable solids, such as certain metal powders
- Oxidising substances and organic peroxides, which can feed or intensify a fire
- Self-reactive, self-heating and pyrophoric substances, which can ignite without an obvious ignition source
- Substances that give off flammable gas on contact with water
- Combustible dusts, such as flour, sugar, grain, wood, paper, plastics and some metal dusts, which can form explosive clouds when dispersed in air
Look at hazard pictograms and the supplier’s safety data sheets, these are a good first indicator of whether a substance is covered.
Does DSEAR apply to you?
What is an explosive atmosphere?
DSEAR is particularly concerned with explosive atmospheres. These are mixtures of air and flammable gases, vapours, mists or dusts in which, once ignited, burning spreads through the whole mixture. A small leak in a poorly ventilated room, a cloud of dust in a hopper or vapour from a spray booth can each create one. If there is also an ignition source (a spark, static electricity, a hot surface or an electrical fault), the result can be devastating.
When does DSEAR apply to my business?
DSEAR applies when dangerous substances are present at work, whether you:
- Use them in a process, such as spraying, mixing, cleaning or welding
- Store them, for example solvents, gas cylinders or fuel
- Produce or handle them, intentionally or as a by-product (such as dust from sanding or cutting)
- Transport them within or around your premises
It applies regardless of business size or sector. Typical examples include:
- Vehicle repair, spraying and refinishing
- Woodworking, joinery and furniture manufacture
- Food and drink production, milling and bakeries
- Warehousing, including battery charging areas
- Engineering, welding and fabrication
- Waste and recycling, where dust, gases and fire risks are common
- Farms, including grain stores and fuel storage
- Laboratories, schools and universities
- Petrol stations and fuel depots
DSEAR protects employees, contractors, visitors and members of the public who could be affected by your work, and self-employed people have duties too. Small quantities can still bring DSEAR into play, although the controls needed should be proportionate to the risk.
When does DSEAR not apply?
DSEAR does not apply to some activities, which are covered by other specific legislation, including:
- Areas used directly for the medical treatment of patients
- Appliances burning gaseous fuel that are covered by gas appliance rules
- The manufacture, handling, use, storage and transport of explosives and chemically unstable substances, which fall under explosives legislation
- Mineral extraction industries, which have their own regulations
- Certain forms of transport, such as use of vehicles on public roads, which have separate rules
If you are unsure whether an exclusion applies to your activity, take advice before relying on it – in some cases only parts of DSEAR are disapplied.
DSEAR or COSHH: what’s the difference?
The two sets of regulations are often confused, but they address different harms. COSHH deals with hazardous substances that damage health, such as through inhalation or skin contact. DSEAR deals with substances that can cause fire, explosion and similar events. Many substances fall under both. Solvents, for example, can harm health through exposure and also burn or explode, so you may need to assess the risks under each.
What do I need to do to comply with DSEAR?
DSEAR compliance usually follows these steps:
- Carry out a risk assessment. Identify the dangerous substances, how they might ignite or explode and who could be harmed. Consider the quantities, the processes, the possible ignition sources and what could go wrong.
- Eliminate or reduce the risk. Substitute with a less hazardous substance where you can, reduce quantities, improve ventilation and control leaks and spills.
- Control ignition sources. Use suitable equipment in hazardous areas, manage static, control hot work and keep unsuitable equipment out.
- Classify hazardous areas into zones. Where explosive atmospheres may occur, areas are classed by how often and for how long they are likely to be present (zones 0, 1 and 2 for gases and vapours; zones 20, 21 and 22 for dusts). This determines the equipment that can be used there.
- Mark hazardous areas where necessary. Display the explosive atmosphere warning sign at entry points.
- Mitigate the effects. Use measures such as explosion relief, suppression, isolation and separation, so that harm is limited if an incident occurs.
- Prepare for emergencies. Provide procedures, alarms, escape routes and equipment, and practise them.
- Inform, instruct and train. Everyone who works with or near dangerous substances must understand the risks and controls.
- Review regularly. Revisit your assessment when substances, processes, equipment or layouts change.
What happens if I don’t comply?
Fires and explosions involving dangerous substances can cause fatalities, life-changing injuries and major damage to property and business continuity. HSE can issue improvement and prohibition notices and prosecute, and serious breaches can bring unlimited fines or even imprisonment. Insurers may also challenge claims where a business has not assessed or controlled its risks.
Does DSEAR apply in Northern Ireland and the Republic of Ireland?
DSEAR applies in Great Britain. Northern Ireland has an equivalent set of regulations, the Dangerous Substances and Explosive Atmospheres Regulations (Northern Ireland) 2003, and the Republic of Ireland regulates explosive atmospheres and chemical agents under its own health and safety legislation. The principles are broadly the same, but the details differ, so check the rules that apply where you operate.
Not sure whether DSEAR applies to you?
If your business stores, uses or produces flammable liquids, gases, aerosols or dusts, assume DSEAR is relevant and start by listing the substances you have and where they are. The HSE provides additional guidance for businesses.
This article is general guidance and not legal advice. Requirements depend on your specific work activities and location.
