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As part of our commitment to continually improve our service and to help our clients meet their legal obligations, we continue to update the Legal Registers on our website and provide free quarterly legal compliance updates to anyone who subscribes. The purpose of these updates is to ensure you stay up to date with any changes in your legal compliance obligations, our updates can also be kept and can be used as evidence that your business is staying up to date with any changes in the legislation, this can be very helpful at audit time.
The Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR) require employers to control the risks to safety from fire, explosions and substances corrosive to metals
Dangerous substances are any substances used or present at work that could, if not properly controlled, cause harm to people as a result of a fire or explosion or corrosion of metal. They can be found in nearly all workplaces and include such things as solvents, paints, varnishes, flammable gases, such as liquid petroleum gas, dusts from machining and sanding operations, dusts from foodstuffs, pressurised gases and substances corrosive to metal.
The regulation puts duties on employers and the self-employed to protect people from these risks to their safety in the workplace, and to members of the public who may be put at risk by work activity.
Risk Assessments and Controls
Policies and Procedures
13.—(1) Subject to paragraph (2), the Health and Safety Executive may, by a certificate in writing, exempt any person or class of persons or any dangerous substance or class of dangerous substances from all or any of the requirements or prohibitions imposed by or under these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing.
(2) The Health and Safety Executive shall not grant any such exemption unless, having regard to the circumstances of the case, and in particular to—
(a) the conditions, if any, which it proposes to attach to the exemption; and
(b) any requirements imposed by or under any enactments which apply to the case,
it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it and that the exemption will be compatible with the requirements of the Directives.
(3) For the purposes of paragraph (2), “the Directives ”means Council Directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work and Council Directive 99/92/EC on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres.
Exemptions for Ministry of Defence etc.
14.—(1) In this regulation—
(a) “Her Majesty’s Forces” means any of the naval, military or air forces of the Crown, whether raised inside or outside the United Kingdom and whether any such force is a regular, auxiliary or reserve force, and includes any civilian employed by those forces;
(b) “visiting force” has the same meaning as it does for the purposes of any provision of Part 1 of the Visiting Forces Act 1952; and
(c) “headquarters” means a headquarters for the time being specified in Schedule 2 to the Visiting Forces and International Headquarters(Application of Law) Order 1999.
(2) The Secretary of State for Defence may, in the interests of national security, by a certificate in writing, exempt—
(a) any of Her Majesty’s Forces,
(b) any visiting force,
(c) any member of a visiting force working in or attached to a headquarters, or
(d) any person engaged in work involving dangerous substances, if that person is under the direct supervision of a representative of the Secretary of State for Defence,
from all or any of the requirements or prohibitions imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing, except that, where any such exemption is granted, suitable arrangements shall be made for the assessment of the risk to safety created by the work involving dangerous substances and for adequately controlling the risk to persons to whom the exemption relates.
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Including our quarterly legal compliance updates that are a great resource for evidence for your ISO audits.