The latest health and safety "daughter" directive to be adopted covers workers at risk from explosive atmospheres, Tina Garrity reports

Legislative initiatives in the health and safety field have been thin on the ground in recent years. However, the Commission is continuing to work on its programme of so-called "daughter" directives under the 1989 framework directive. The latest one to be adopted covers the health and safety of workers potentially at risk from explosive atmospheres. It is the 15th individual directive to be issued under 89/391/EEC.

The term "explosive atmosphere" is defined as "a mixture with air, under atmospheric conditions, of flammable substances in the form of gases, vapours, mists or dusts in which, after ignition has occurred, combustion spreads to the entire unburned mixture". Article 5 of the directive lays down a general obligation on employers to ensure that work in explosive atmospheres can be performed safely and that appropriate supervision of workers is provided in accordance with a risk assessment. The latter involves the employer assessing the specific risks arising from explosive atmospheres, taking account of the likelihood that such atmospheres will occur and persist, and the likelihood that ignition sources will be present and become active and effective. The installations, substances used, processes and their interactions must all be considered, as must the scale of the anticipated effects. Lastly, employers must also consider any places which can be connected via openings to potentially explosive areas.

The directive also lays down certain basic principles to be followed by employers. Firstly, they must seek to prevent the formation of explosive atmospheres. Where this is not possible, they must avoid igniting such atmospheres. Lastly, they must mitigate the detrimental effects of any explosion. Additional measures are required to be taken against the propagation of explosion. These measures will have to be reviewed regularly and, in any event, where significant changes occur. The directive does not apply to medical situations nor to the manufacture, handling, use, storage and transport of explosives or chemically unstable substances. There are also exemptions for means of transport governed by international safety rules and for the use of gaseous fuel appliances and for work in the mineral extraction industries where governed by EU rules.

Employers are required to classify places where explosions might occur into zones in accordance with criteria set out in annex I of the directive and to ensure that minimum requirements, set out in annex II, apply to these places. Annex I makes a distinction between gas, vapour and mist atmospheres and combustible dust atmospheres. The criteria used for determining zones are based on the frequency and duration of the explosive atmospheres. The annex also distinguishes between "hazardous places" where an explosive atmosphere may occur in such quantities as to require special precautions and "non-hazardous" places where this is not the case.

RISK ASSESSMENT
In fulfilling their obligations employers will have to draw up and keep up to date an "explosion protection document". This must detail the risk assessment undertaken, the measures taken as a result and the zone classifications and requirements applied under the annexes. The document also has to show that the workplace and equipment, including warning devices, are designed, operated and maintained safely and that arrangements have been made under existing EU rules for the safe use of work equipment.
Annex II requirements cover organisational aspects such as the compulsory training of workers and the issuing of written instructions and a system of permits to work on hazardous activities and activities which may interact with others to cause hazards.

Secondly, the annex details a whole series of explosion protection measures to be implemented, including things such as ensuring the diversion of any escapes or releases of gases etc, the provision of optical and acoustic warnings where necessary, the provision of adequate physical escape routes and so on. It also covers particular equipment requirements and emergency measures for situations such as power failures and emergency shutdowns. Guides to good practice will be drawn up by the Commission in due course. Lastly, the directive includes a model warning sign to be placed at the entry points to places where atmospheres may occur in such quantities to as to endanger the health and safety of workers.
The implementation date for the directive is 30 June 2003.

Directive 1999/92/EC of the European Parliament and of the Council on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres.
OJ L 23. 28.01.00. pp 57-64