October 2014 Health and Safety Legal Update:

April and October each year are the months that new Health and Safety Laws come into date. This month is no exception with three new laws covering explosive and flammable materials: The Acetylene Safety Regulations 2014 (ASR 2014), the new Explosives Regulations 2014 (ER 2014) and the Petroleum (Consolidation) Regulations 2014 (PCR) all came into force on 1 October 2014.

Wallett HSE Services can assist you in providing the right risk assessments and DSEAR Assessments to comply with the new regulations. There is also a DSEAR risk assessment template in our forms section of the client area of the website: forms.php

The Acetylene Safety Regulations 2014 (ASR 2014) : 

The Acetylene Safety (England and Wales and Scotland) Regulations 2014 – came into force on 1 October.

http://www.legislation.gov.uk/uksi/2014/1639/contents/made

The revised regulations, which apply to those who manufacture and store compressed acetylene gas and to the explosives industry, are designed to help reduce the regulatory burden on business and regulators by clarifying and simplifying requirements.

Key changes in the acetylene safety regulations include:

  • removing the requirement to seek Health and Safety Executive (HSE) approval for certain acetylene equipment provided it complies with current recognised standards; and
  • anyone wishing to manufacture, compress or fill a cylinder with acetylene gas greater than 0.62 bar (g) will need to hold a licence, replacing the current complex process for gaining approval.

The main change in the regulatory framework for explosives include:

  • allowing local authorities to issue licences for up to five years, aligning them with equivalent HSE/police-issued licences;

More information on the regulations can be found on the HSE website http://www.hse.gov.uk/fireandexplosion/acetylene.htm

While these changes may affect only a limited number of businesses, enterprises of all sizes need to be sure they stay abreast and compliant with both sector-specific changes to health and safety rules as well as those that apply more generally.

HSE guidance which provides information for basic users of acetylene is available:

The Dangerous Substances and Explosive Atmospheres Regulations 2002 (‘DSEAR’)

A risk assessment must be undertaken by employers under DSEAR when acetylene is or is liable to be present in the workplace and suitable controls put in place where an explosive atmosphere may occur in the workplace (see eg DSEAR regulations 5, 7 and 11).

 The new Explosives Regulations 2014 (ER 2014)

The new Explosives Regulations 2014 (ER 2014) link to external website came into force on 1 October 2014. 

HSE has worked with stakeholders since 2010 to review existing health and safety related explosives legislation. One of the key aims of that review was to consolidate, modernise, and, where practicable, simplify the legislative arrangements. 

ER 2014 consolidates and therefore revokes a number of existing explosives regulations. It brings together the requirements of health and safety related explosives legislation into a framework based around common topics such as authorisation, safety, security and placing on the market. As a result of the consolidation the Approved Code of Practice to the Manufacture and Storage of Explosives Regulations 2005 (L139) has been withdrawn. Guidance relating to the security of explosives (HSE Circular 1/2005), and guidance on the placing of civil use explosives on the market (L66) have also been withdrawn.

The main changes to the regulatory framework include:

  • merging registrations into the licensing system
  • allowing local authorities to issue licences up to 5 years, aligning them with equivalent HSE/police-issued licences
  • extending licensing to address storage of ammonium nitrate blasting intermediate (ANBI) 
  • exceptions for keeping higher hazard and desensitised explosives without a licence have been updated
  • tables of separation distances have been restructured to better allow for sites with more than one store; the tables have also been revised to cover quantities of explosives greater than 2000kg
  • a revised list of explosives that can be acquired or acquired and kept without an explosives certificate from the police
  • the repeal of the Fireworks Act 1951, as its remaining provisions have been superseded by the Pyrotechnic (Safety) Regulations 2010

The regulations are supported by a suite of overarching and subsector guidance

The overarching guidance consists of two documents: 

These top-level documents are principally aimed at more complex and larger operations but they contain overarching technical guidance and background information that will help all dutyholders to comply with the safety and security provisions in the regulations. They are structured around the fundamental objectives, described as ‘statements of success’, that all duty holders in the industry should achieve in a manner that is proportionate to their business and also identify detailed specialist and topic based guidance. 

The subsector guidance, which will generally follow the same structure as L150, is due to be published soon. HSE will not remove any guidance until such time as a replacement is available. The level of guidance to be used and how to use it will depend on the type of dutyholder, the types of explosive, and the subsector that the dutyholder is operating in. Further information about the guidance structure is available.

Not all the regulations would be expected to apply to all of the activities of all subsectors. This is because different subsectors undertake different activities and work with different types of explosives. Information on what regulations would be expected to apply to different subsectors is due to be published soon.

The Petroleum (Consolidation) Regulations 2014 (PCR)  

What is the law on storing petrol safely?

The Petroleum (Consolidation) Regulations 2014 (PCR) link to external website which came into force on 1 October 2014 apply to:  

  • workplaces that store petrol where petrol is dispensed, ie retail and non retail petrol filling stations; and
  • non-workplace premises storing petrol, for example at private homes, or at clubs/associations (or similar).

Petroleum Enforcement Authorities (PEAs), formerly Petroleum Licensing Authorities (PLAs) are responsible for enforcing the Petroleum (Consolidation) Regulations 2014. They also continue to enforce DSEAR at workplaces covered by PCR. This means that there is no change to the current enforcing arrangements.

The safe storage and use of petrol in workplaces is also covered by the Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR).

Who does this apply to?

Information on how the Petroleum (Consolidation) Regulations 2014 applies to the following groups:

What does this legislation replace?

The Petroleum (Consolidation) Regulations 2014 combine, update and replace all previous legislation on petrol storage. The existing health and safety responsibilities remain the same; anything that is still relevant is included in the 2014 Regulations.

What has been withdrawn?

  • List of old petroleum legislation.
  • Approved Code of Practice (ACOP) COP6 – Petroleum-Spirit (Plastic Containers) Regulations 1982. Requirements for testing and marking or labelling.
  • Approved Document L93 – Approved tank requirements. The provisions for bottom loading and vapour recovery systems of mobile containers carrying petrol.

New guidance

New guidance on portable petrol storage containers PDF is available giving practical advice on the design, construction, materials and marking or labelling of containers as required by the regulations.

Petrol Storage Licences are being replaced by Certificates. Your current licence is valid until its current expiry date but this will undoubtedly lead to more stringent enforcement. 

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