The Dangerous Substances and Explosive Atmospheres Regulations 2002: New Approved Code of Practice and guidance L138


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Posted on 01 Jun 2015

A new edition of the Dangerous Substances and Explosive Atmospheres Regulations 2002 Approved Code of Practice and guidance has been published, providing practical advice on how to comply with the Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR). These Regulations require the elimination or reduction of risk of fire and explosion from substances connected with work activities.

The Approved Code of Practice applies to workplaces that manufacture, store, process or use dangerous substances, as defined in the publication.

The new edition incorporates the following Approved Codes of Practice, which have now been withdrawn:

  • L134 Design of plant, equipment and workplaces
  • L135 Storage of dangerous substances
  • L136 Control and mitigation measures
  • L137 Safe maintenance, repair and cleaning procedures
  • The consolidated ACOP text and guidance have been clarified, simplified, streamlined and restructured to help the reader. The content has been updated in light of changes to European and domestic legislation, such as substance classification and labelling issues and general fire safety. No significant new duties are placed on businesses that are already in compliance with the replaced ACOPs. The Regulations themselves are unchanged. 

    Changes to DSEAR from 1 June 2015

    However, from June 2015 DSEAR also covers substances that are corrosive to metals and gases under pressure. It places a formal requirement on employers to assess the risks for substances if classified for these properties and put in place suitable control and mitigation measures.

    It is anticipated that the impact of these changes will be minimal because the intrinsic hazards of the substances being used or present in workplaces is unchanged.

    The articles published on this website, current at the date of publication, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your own circumstances should always be sought separately before taking any action.

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