TAIEX Workshop
on Preparation
of Explosion
TÍTULO
DA APRESENTAÇÃO
Protection Document 12 de Dezembro de 2008
Istambul, 26-27 May 2014
Directive 99/92/EC and its
applications in EU countries
Turkey, 26 MaY 2014
Vanda Caramelo
TÍTULO DA APRESENTAÇÃO
12 de Dezembro de 2008
Summary:
1. Brief information about Portugal
and the Working Conditions
Authority
2.
•
•
•
•
Directive 99/92/EC
Principles and scope
Obligations to the employer
Assessment of Explosion Risk
Explosion Protection Document
3. Directive 99/92/EC
• Portugal Example
• United Kidgom Example
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TÍTULO DA APRESENTAÇÃO
Portugal
12 de Dezembro de 2008
Area: 92.000 Km
Population: 10.784 millions (2012)
Active population: 5.587 millions
(2012)
Companies: 27.648 thousands (2012)
Workers: 3.735 millions (2011)
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The Authority for
Working Conditions
TÍTULO DA APRESENTAÇÃO
General
Labour
Inspecti
on
Institute
for Safety
and
Health at
Work
Authority
for
Working
Condition
s
(Since
1 October
2007)
MISSION
12 de Dezembro de 2008
To promote the improvement of working conditions, by:
• controlling compliance with labour standards in the private sector
;
• promoting policies on prevention of OSH hazards;
• controlling compliance with laws and regulations concerning
Health and Safety in all economic sectors (private and public).
The single market
TÍTULO DA APRESENTAÇÃO
 1987 – New approach to technical
harmonisation
1993 – Global approach to conformity
assessment
•Directives adopting this dual purpose
approach prevent restrictions to trade and
assure high levels of protection through
technical harmonisation.
Global approach to well-being at work
Framework Directive 89/391/EEC requires
the employer to implement the measures
necessary for the safety and health
protection of workers, including prevention
of occupational risks, and provision of
information and training, as well as
provision of the necessary organization and
means.
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12 de Dezembro de 2008
TÍTULO
DA APRESENTAÇÃO
Two specific Directives which
concern
potentially explosive atmospheres:
12 de Dezembro de 2008
Directive 94/9/EC (100a), aimed at manufacturers of equipment
intended for use in potentially explosive atmospheres;
Directive 1999/92/EC (137) sets out the minimum requirements
for the protection of workers potentially at risk from explosive
Atmosferas.
These Directives are commonly called the
‘ATEX’ Directives
ATmosphères EXplosibles
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Directive
99/92/EC
94/9/EC
TÍTULO
DA APRESENTAÇÃO
(ATEX 137)
(ATEX 100)
12 de Dezembro de 2008
Design and production of
safe products and
reduction of technical
trade obstacles
Target
Safety and health
protection
Beneficiaries
Workers
Living beings
Fiedl of application
Operation, use of
products, equipment at
the workplace
Design, construction,
production, marketing
and star-up of products
or equipments
Requirements
Minimum requirements
Basic requirements or
technical definitions
Conversion into
national law
The MS are allowed to
define further reaching
stipulations, provided
that these are not
contradictory to the
Directive
The MS are allowed to
define further reaching
stipulations, provided
that these are not
contradictory to the
Directive
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Directive 99/92/EC
TÍTULO DA APRESENTAÇÃO
12 de Dezembro de 2008
Adopting ATEX
25 members states and
Switzerland (2000)
Apply to the whole of the
European Economic Area
(EAA) which also includes
Norway, Iceland,
Lichtenstein and
Switzerland
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Directive 99/92/EC
TÍTULO DA APRESENTAÇÃO
99/92/EC (ATEX 137)
•Covers health and safety protection of workers;
12 de Dezembro de 2008
• Duties are placed on the employer;
• Intended to ensure that workers enjoy
a minimum level of protection throughout all
member states.
Workplaces used for the first time after June 30th 2003 must
comply with the Directive immediately.
Existing workplaces must comply with the Directive no later
than 30th June 2006.
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Directive 99/92/EC
Principles and scope
TÍTULO DA APRESENTAÇÃO
12 de Dezembro de 2008
Principles
Scope
ATEX 137 Directive is based on
3 straight forward principles:
There are a number of specific
exclusions to ATEX 137:
 Areas for medical treatment;
 The mineral extraction industry and
transportation by land, sea or
international waters.
 The drilled oil and gas extraction
industry (Directive 92/91/EC.)
 Where possible, prevent the
formation of explosive atmosferas;
 Where such atmospheres are
unavoidable, prevent ignition;
 Ensure the health and safety of
workers by mitigating the effects of
any explosions that do occur.
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However, generally ATEX 137 applies
to all EU workplaces where explosive
atmospheres could occur ( from small
garages to large petrochemical plants).
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Directive 99/92/EC
Obligations to the employer
TÍTULO
APRESENTAÇÃO
ATEX Directive 99/92/EC
- It DA
requires
employers to:
 Prevent and provide protection against the explosions; 12 de Dezembro de 2008
 Carry out and keep up to date an explosion risk assessment (Directive
89/391/EEC) - Explosion protection document;
 Ensure a safe working environment and appropriate supervision of workers
in hazardous areas;
 Classify hazardous areas into zones and provide warning signs in a
specified form (Directives 92/58/EEC and ATEX 94/9/EEC);
 Satisfy the requirements of Annex II of the Directive which applies to
places classified as hazardous areas and also equipment installed in nonhazardous areas but required for safe operation of equipment installed in
hazardous areas, among the most important being;
 Training of Workers;
 Only bringing into service equipment which can be safely used in an
explosive atmosphere;
 Selecting equipment and protective systems on the basis of the categories
set out in ATEX 94/9/EC (Annex II Section B of Directive 99/92/EEC);
 Minimising the risk of an explosion through the proper design,
construction, assembly, installation and maintenance of plant equipment .
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Directive 99/92/EC
Assessment of Explosion Risk
TÍTULO DA APRESENTAÇÃO
Assessment of Explosion Risk
12 de Dezembro de 2008
(article 4)
The assessment should include:
o The likelihood and persistence of any explosive
atmospheres;
o The likelihood of ignition sources being present
(including electrostatic discharge);
oThe installations, substances and processes used
on site and any possible interaction;
o The scale of any anticipated effects.
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Directive 99/92/EC
Explosion Protection Document
TÍTULO DA APRESENTAÇÃO
12 de Dezembro
Explosion Protection Document (article 8)
This document shall demonstrate:
 Eplosion risks have been
determined and assessed;
 Measures are taken to meet
Directives aims;
 Area classification as Annex I;
 Where the minimum
requirements set out in Annex II
will apply;
 Location, equipment, warning
devices are designed , operated
and maintained with safety in
mind.
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de 2008
Layout for an explosion protection
document:
 Description of the workplace and
working areas;
Description of the process steps and/or
activities;
 Description of the substances
used/safety parameters;
 Results of the risk analyses;
 Explosion protection measures taken;
 Implementation of the explosion
protection measures;
 Coordination of the explosion
protection measures;
 Anexx to the explosion protection
document.
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Directive 99/92/EC
Portugal Example
European level
TÍTULO DA APRESENTAÇÃO
Economic
Directives
Social Directives
Directive
89/391/ECC
Safety and
Health
Protection of Directive
workers 1999/92/EC
Explose
atmospheres
12 de Dezembro de 2008
Directive
94/9/EC
Equipment
intended
for use in
EA
National level
Law n.º 441/1991,
amended by law
3/2014, of January
28
Law n.º 236/2003,
of September 30
Ministry of Labor and Social
Solidarity
Turkey, 26 May 2014
Law n.º 112/1996,
of August 5
Ministry of Economy
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Directive 99/92/EC
Portugal Example – Decree Law 236/2003
Some particularities
TÍTULO DA APRESENTAÇÃO
Portuguese Decree Law 236/2003:
12 de Dezembro de 2008
This Act came into force on 5 October 2003;
 It has a total of 17 items/articles (no Annexes);
 Applies to central, regional and local public administration, public
institutions and all branches of activity of private, cooperative and social
sector as well as the self-employed, when there are jobs that may expose
workers to risks from explosive atmospheres;
 Not apply to:
(a) areas used directly for and during the medical treatment of patients;
(b) the use of appliances burning gaseous fuels;
(c) the manufacture, handling, use, storage and transport of explosives or
chemically unstable substances;
(d) mineral-extracting industries;
(e) the use of means of transport by land, water and air, to
which the pertinent provisions of the international agreements and the
Community Directives giving effect to those agreements, apply. Means of
transport intended for use in a potentially explosive atmosphere are not
excluded.
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Directive 99/92/EC
Portugal Example – Decree Law 236/2003
Some particularities
TÍTULO DA APRESENTAÇÃO
12 de Dezembro de 2008
1) Definitions (Article 3.º )
1 - For the purposes of this Ordinance, means by:
a) "explosive atmosphere" means a mixture with air, under
atmospheric conditions, of flammable substances in the form of
gases, vapors, mists or dusts in which, after ignition, combustion
spreads to the entire unburned mixture.
The same as article 2.º of Directive.
Definitions introduced in the Portuguese legislation:
b) "dangerous area" means an area in which it can form an
explosive atmosphere in concentrations requiring the adoption of
preventive measures special to ensure the safety and health
workers covered;
c) 'non-hazardous area "means an area that is not likely the
formation of explosive atmospheres in concentrations that require
the adoption of special preventive measures.
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Directive 99/92/EC
Portugal Example – Decree Law 236/2003
Some particularities
TÍTULO DA APRESENTAÇÃO
12 de Dezembro de 2008
2) Contents of the Annexes in the text law
•Classification of the places where explosive atmospheres may occur
(Article 4.º);
•Minimum requirements for improving the safety and health protection
of workers potentially at risk from explosive atmospheres (Article
11.º).
3) Article 15.º - Training, specific information and consultation
of employees (Different formulation of the Directive)
ANNEX II
A. MINIMUM REQUIREMENTS FOR IMPROVING THE SAFETY AND HEALTH PROTECTION OF
WORKERS POTENTIALLY AT RISK FROM EXPLOSIVE ATMOSPHERES
(…)
1. Organisational measures
1.1. Training of workers
The employer must provide those working in places where explosive atmospheres may
occur with sufficient and appropriate training with regard to explosion protection.
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Directive 99/92/EC
Portugal Example – Decree Law 236/2003
Some particularities
TÍTULO DA APRESENTAÇÃO
4) Enforcement - Defined sanctions
12 de Dezembro
de 2008
Very serious offense:
• Do not make the risk assessment;
• Do not proceed with the classification of areas where explosive
atmospheres may occur;
• Do not take technical and organizational measures;
• Do not use the equipment and protective systems corresponding to the
categories specified in legislation.
Serious offense:
• Do not elaborate explosion protection document;
• The beginning of activities in hazardous areas or of operations that
may cause danger without authorization;
• Lack of coordination by the employer when there workers from
various companies;
• Lack of training, information and consultation of employees.
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Directive 99/92/EC
United Kingdom Example
TÍTULO DA APRESENTAÇÃO
 The Chemical Agents Directive
(CAD)(98/24/EC) requires employers
to protect workers from certain risks
arising from chemical agents in the
workplace;
 The Explosive Atmospheres Directive
(ATEX) requires employers to protect
workers from the risk of explosive
tmospheres.
Since a flammable substance or dust
must be present to create an explosive
atmosphere there is considerable
overlap between CAD and ATEX.
12 de Dezembro de 2008
DSEAR
CAD
ATEX 95
Chemical
Agents
Directive
UK have implemented CAD & ATEX
together in new safety regulations known as
The Dangerous Substances & Explosive
Atmosphere Regulations (DSEAR, 2002)
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ATEX 137
Atmosphere
Explosives
Directive 99/92/EC
United Kingdom Example
TÍTULO DA APRESENTAÇÃO
12 de Dezembro de 2008
What does DSEAR require?
Employers must:
 Find out what dangerous substances are in their workplace and
what the fire and explosion risks are;
 Put control measures in place to either remove those risks or,
where this is not possible, control them;
 Put controls in place to reduce the effects of any incidents
involving dangerous substances;
 Prepare plans and procedures to deal with accidents, incidents
and emergencies involving dangerous substances;
 Make sure employees are properly informed about and trained to
control or deal with the risks from the dangerous substances;
 Identify and classify areas of the workplace where explosive
atmospheres may occur and avoid ignition.
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Directive 99/92/EC
United Kingdom Example
TÍTULO DA APRESENTAÇÃO
When does DSEAR apply?
Apart from certain activities
involving ships, DSEAR applies
whenever:
 There is work being carried out
by an employer (or self employed
person);
 A dangerous substance is
present (or is liable to be present)
at the workplace;
 The dangerous substance could
be a risk to the safety of people as
a result of fires, explosions or
similar energetic events.
12 de Dezembro de 2008
Where does DSEAR apply?
DSEAR applies to workplaces where
dangerous substances are present, used,
or produced.
Workplaces are any premises or parts of
premises used for work.
(Examples: places such as industrial and
commercial premises, land-based and
offshore installations, mines and
quarries, construction sites, vehicles and
vessels, (etc), as houses and other
domestic premises, if people are at work
there.
Explosion protection document?
The DSEAR regulations don’t required an explosion protection document.
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Directive 99/92/EC
United Kingdom Example
TÍTULO DA APRESENTAÇÃO
More information about DSEAR:
12 de Dezembro de 2008
http://www.hse.gov.uk/fireandexplosion/dsear.htm
• Quick guide to DSEAR; DSEAR in detail; Publications; ATEX and
DSEAR frequently asked questions;
• Approved Code of Practice (ACOP) for the Dangerous Substances and
Explosive Atmospheres Regulations 2002 (DSEAR) (publish
the revised ACOP in December 2013)
“This Code has been approved by the Health and Safety Executive, with the
consent of the Secretary of State. It gives practical advice on how to comply
with the law. If you follow the advice you will be doing enough to comply with
the law in respect of those specific matters on which the Code gives advice. You
may use alternative methods to those set out in the Code in order to comply
with the law.
However, the Code has a special legal status. If you are prosecuted for breach of
health and safety law, and it is proved that you did not follow the relevant
provisions of the Code, you will need to show that you have complied with the
law in some other way or a Court will find you at fault.”
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TÍTULO DA APRESENTAÇÃO
12 de Dezembro de 2008
Thank you for your kind attention!
Vanda Caramelo
Diretor of Department
Working Conditions Authority
Ministry of Labour and Social Solidarity
Portugal
Vanda.caramelo@act.gov.pt
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