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Tuesday, October 7, 2008

The Dangerous Substances and Explosive Atmospheres Regulations 2002
© Crown Copyright 2002
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STATUTORY INSTRUMENTS
2002 No. 2776
HEALTH AND SAFETY
The Dangerous Substances and Explosive Atmospheres Regulations 2002

Made
7th November 2002


Laid before Parliament
15th November 2002


Coming into force

All regulations except for regulations 5(4)(c), 7, 11, 15(2), 16(2) and 17(1) to (3)
9th December 2002


Regulations 15(2) and 16(2)
5th May 2003


Regulations 5(4)(c), 7, 11 and 17(1) to (3)
30th June 2003

ARRANGEMENT OF REGULATIONS
1.
Citation and commencement.
2.
Interpretation.
3.
Application.
4.
Duties under these Regulations.
5.
Risk assessment.
6.
Elimination or reduction of risks from dangerous substances.
7.
Places where explosive atmospheres may occur.
8.
Arrangements to deal with accidents, incidents and emergencies.
9.
Information, instruction and training.
10.
Identification of hazardous contents of containers and pipes.
11.
Duty of co-ordination.
12.
Extension outside Great Britain.
13.
Exemption certificates.
14.
Exemptions for Ministry of Defence etc.
15.
Amendments.
16.
Repeals and revocations.
17.
Transitional provisions.

Schedule 1.
General safety measures.

Schedule 2.
Classification of places where explosive atmospheres may occur.

Schedule 3.
Criteria for the selection of equipment and protective systems.

Schedule 4.
Warning sign for places where explosive atmospheres may occur.

Schedule 5.
Legislation concerned with the marking of containers and pipes.

Schedule 6.


Part 1 -
Amendments.

Part 2 -
Amendments.

Schedule 7.


Part 1 -
Repeal and revocation.

Part 2 -
Repeal and revocation. The Secretary of State in exercise of the powers conferred on him by sections 15(1), (2), (3)(a) and (5), 80(1) and 82(3)(a) of, and paragraphs 1(1), (2) and (4), 6, 9, 11, 14, 16, 18(b) and 20 of Schedule 3 to, the Health and Safety at Work etc. Act 1974[1] ("the 1974 Act") and of all other powers enabling him in that behalf and for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations: - Citation and commencement 1. These Regulations may be cited as the Dangerous Substances and Explosive Atmospheres Regulations 2002 and shall come into force -
(a) as respects all regulations except for regulations 5(4)(c), 7, 11, 15(2), 16(2) and 17(1) to (3) on 9th December 2002;(b) as respects regulations 15(2) and 16(2) on 5th May 2003; and(c) as respects regulations 5(4)(c), 7, 11 and 17(1) to (3) on 30th June 2003.
Interpretation 2. In these Regulations -
"approved classification and labelling guide" means the "Approved Guide to the Classification and Labelling of Dangerous Substances and Dangerous Preparations" (5th edition)[2] approved by the Health and Safety Commission on 16th April 2002;
"the CHIP Regulations" means the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002[3];
"dangerous substance" means -
(a) a substance or preparation which meets the criteria in the approved classification and labelling guide for classification as a substance or preparation which is explosive, oxidising, extremely flammable, highly flammable or flammable, whether or not that substance or preparation is classified under the CHIP Regulations;(b) a substance or preparation which because of its physico-chemical or chemical properties and the way it is used or is present at the workplace creates a risk, not being a substance or preparation falling within subparagraph (a) above; or(c) any dust, whether in the form of solid particles or fibrous materials or otherwise, which can form an explosive mixture with air or an explosive atmosphere, not being a substance or preparation falling within subparagraphs (a) or (b) above;
"explosive atmosphere" means a mixture, under atmospheric conditions, of air and one or more dangerous substances in the form of gases, vapours, mists or dusts in which, after ignition has occurred, combustion spreads to the entire unburned mixture;
"hazard" means the physico-chemical or chemical property of a dangerous substance which has the potential to give rise to fire, explosion, or other events which can result in harmful physical effects of a kind similar to those which can be caused by fire or explosion, affecting the safety of a person, and references in these Regulations to "hazardous" shall be construed accordingly;

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