DSEAR, ATEX and Brexit

DSEAR regulations

Previously in the UK, European ATEX legislation was implemented through two Regulations under the Health & Safety at Work Act 1974. These are DSEAR (Dangerous Substances and Explosion Atmospheres Regulations 2002) implementing the requirements of EU Directive 99/92/EC and EPS (The Equipment and Protective Systems Intended for use in Potentially Explosive Atmospheres Regulations 1996) implementing the requirements of EU Directive 94/9/EC (latterly replaced by 2014/34/EU). DSEAR protects workers against risks from fire and explosion arising from any dangerous substances that are used or are present in the workplace. From June 2015 DSEAR also covers gases under pressure and substances that are corrosive to metals, which incorporated changes in the EU Chemical Agents Directive. EPS applies to the supply of equipment and protective systems intended for use in potentially explosive atmospheres and covers both electrical and non-electrical equipment. The change from EU Directive 94/9/EC to EU Directive 2014/34/EU has yet to be incorporated into EPS. Now that the UK has left the EU, and since the Regulations are already part of UK law, no difficulties are expected to arise following Brexit. However, EPS may require updating at some future date to include changes brought in by EU Directive 2014/34/EU to keep UK legislation aligned with the EU.