turkey , 26 may 2014 vanda caramelo

TÍTULO DA APRESENTAÇÃO12 de Dezembro de 2008

Turkey, 26 MaY 2014 Vanda Caramelo

TAIEX Workshop on Preparation of Explosion Protection Document

Istambul, 26-27 May 2014

Directive 99/92/EC and its applications in EU countries


Turkey, 26 May 2014 Vanda Caramelo

Summary:

1. Brief information about Portugal and the Working Conditions Authority

2. Directive 99/92/EC • Principles and scope • Obligations to the employer• Assessment of Explosion Risk • Explosion Protection Document

3. Directive 99/92/EC • Portugal Example• United Kidgom Example



Area: 92.000 Km

Population: 10.784 millions (2012)

Active population: 5.587 millions (2012)Companies: 27.648 thousands (2012)

Workers: 3.735 millions (2011)

Portugal


The Authority for Working ConditionsGeneral Labour Inspecti

on

Institute for Safety

and Health at

Work

Authority for

Working Condition

s(Since

1 October 2007)

MISSIONTo promote the improvement of working conditions, by:• controlling compliance with labour standards in the private

sector ;• promoting policies on prevention of OSH hazards;• controlling compliance with laws and regulations concerning

Health and Safety in all economic sectors (private and public).



The single market 1987 – New approach to technical

harmonisation1993 – Global approach to conformity

assessment• Directives adopting this dual purpose

approach prevent restrictions to trade and assure high levels of protection through technical harmonisation.

Global approach to well-being at workFramework Directive 89/391/EEC requires the employer to implement the measures necessary for the safety and health protection of workers, including prevention of occupational risks, and provision of information and training, as well as provision of the necessary organization and means.



Two specific Directives which concern potentially explosive atmospheres:

Directive 94/9/EC (100a), aimed at manufacturers of equipment

intended for use in potentially explosive atmospheres;

Directive 1999/92/EC (137) sets out the minimum requirements for the protection of workers potentially at risk from explosive

Atmosferas.

These Directives are commonly called the‘ATEX’ Directives

ATmosphères EXplosibles



Directive 99/92/EC (ATEX 137)

94/9/EC (ATEX 100)

Target Safety and health protection

Design and production of safe products and reduction of technical trade obstacles

Beneficiaries Workers Living beingsFiedl of application Operation, use of

products, equipment at the workplace

Design, construction, production, marketing and star-up of products or equipments

Requirements Minimum requirements Basic requirements or technical definitions

Conversion into national law

The MS are allowed to define further reaching stipulations, provided that these are not contradictory to the Directive

The MS are allowed to define further reaching stipulations, provided that these are not contradictory to the Directive



Adopting ATEX 25 members states and Switzerland (2000)

Apply to the whole of the European Economic Area (EAA) which also includes Norway, Iceland, Lichtenstein and Switzerland

Directive 99/92/EC



99/92/EC (ATEX 137)•Covers health and safety protection of workers;• Duties are placed on the employer;• Intended to ensure that workers enjoya minimum level of protection throughout all member states.

Workplaces used for the first time after June 30th 2003 must comply with the Directive immediately. Existing workplaces must comply with the Directive no later than 30th June 2006.

Directive 99/92/EC



Principles

ATEX 137 Directive is based on 3 straight forward principles:

Where possible, prevent the formation of explosive atmosferas;

Where such atmospheres are unavoidable, prevent ignition;

Ensure the health and safety of workers by mitigating the effects of any explosions that do occur.

Scope

There are a number of specific exclusions to ATEX 137: Areas for medical treatment; The mineral extraction industry and

transportation by land, sea or international waters.

The drilled oil and gas extraction industry (Directive 92/91/EC.)

However, generally ATEX 137 applies to all EU workplaces where explosive atmospheres could occur ( from small garages to large petrochemical plants).

Directive 99/92/ECPrinciples and scope



ATEX Directive 99/92/EC - It requires employers to: Prevent and provide protection against the explosions; Carry out and keep up to date an explosion risk assessment (Directive

89/391/EEC) - Explosion protection document; Ensure a safe working environment and appropriate supervision of

workers in hazardous areas; Classify hazardous areas into zones and provide warning signs in a

specified form (Directives 92/58/EEC and ATEX 94/9/EEC); Satisfy the requirements of Annex II of the Directive which applies to

places classified as hazardous areas and also equipment installed in non-hazardous areas but required for safe operation of equipment installed in hazardous areas, among the most important being;

Training of Workers; Only bringing into service equipment which can be safely used in an

explosive atmosphere; Selecting equipment and protective systems on the basis of the

categories set out in ATEX 94/9/EC (Annex II Section B of Directive 99/92/EEC);

Minimising the risk of an explosion through the proper design, construction, assembly, installation and maintenance of plant equipment .

Directive 99/92/ECObligations to the employer



Assessment of Explosion Risk (article 4)

The assessment should include:

o The likelihood and persistence of any explosive atmospheres;

o The likelihood of ignition sources being present (including electrostatic discharge);

o The installations, substances and processes used on site and any possible interaction;

o The scale of any anticipated effects.

Directive 99/92/EC Assessment of Explosion Risk



Explosion Protection Document (article 8)

This document shall demonstrate:

Eplosion risks have been determined and assessed;

Measures are taken to meet Directives aims;

Area classification as Annex I; Where the minimum

requirements set out in Annex II will apply;

Location, equipment, warning devices are designed , operated and maintained with safety in mind.

Layout for an explosion protection document: Description of the workplace and

working areas; Description of the process steps and/or

activities; Description of the substances

used/safety parameters; Results of the risk analyses; Explosion protection measures taken; Implementation of the explosion

protection measures; Coordination of the explosion

protection measures; Anexx to the explosion protection

document.

Directive 99/92/ECExplosion Protection Document


Economic DirectivesSocial Directives


Directive 89/391/ECCSafety and

Health Protection of

workers

Directive 94/9/EC

Equipment intended for use in

EA

Directive 1999/92/EC

Explose atmospheres

Law n.º 441/1991, amended by law

3/2014, of January 28

Law n.º 236/2003, of September 30 Law n.º 112/1996,

of August 5

Ministry of EconomyMinistry of Labor and Social Solidarity

European level

National level

Directive 99/92/ECPortugal Example

http://pt.wikipedia.org/wiki/Ficheiro:Flag_of_Portugal.svg



Directive 99/92/ECPortugal Example – Decree Law 236/2003

Some particularities

Portuguese Decree Law 236/2003:This Act came into force on 5 October 2003; It has a total of 17 items/articles (no Annexes); Applies to central, regional and local public administration, public

institutions and all branches of activity of private, cooperative and social sector as well as the self-employed, when there are jobs that may expose workers to risks from explosive atmospheres;

Not apply to:(a) areas used directly for and during the medical treatment of patients;(b) the use of appliances burning gaseous fuels;(c) the manufacture, handling, use, storage and transport of explosives or chemically unstable substances;(d) mineral-extracting industries;(e) the use of means of transport by land, water and air, towhich the pertinent provisions of the international agreements and theCommunity Directives giving effect to those agreements, apply. Means of transport intended for use in a potentially explosive atmosphere are not excluded.






1) Definitions (Article 3.º )

1 - For the purposes of this Ordinance, means by: a) "explosive atmosphere" means a mixture with air, under atmospheric conditions, of flammable substances in the form of gases, vapors, mists or dusts in which, after ignition, combustion spreads to the entire unburned mixture.

The same as article 2.º of Directive.

Definitions introduced in the Portuguese legislation:b) "dangerous area" means an area in which it can form an explosive atmosphere in concentrations requiring the adoption of preventive measures special to ensure the safety and health workers covered; c) 'non-hazardous area "means an area that is not likely the formation of explosive atmospheres in concentrations that require the adoption of special preventive measures.






2) Contents of the Annexes in the text law• Classification of the places where explosive atmospheres may occur

(Article 4.º);

• Minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres (Article 11.º).

3) Article 15.º - Training, specific information and consultation of employees (Different formulation of the Directive)

ANNEX IIA. MINIMUM REQUIREMENTS FOR IMPROVING THE SAFETY AND HEALTH PROTECTION OF

WORKERS POTENTIALLY AT RISK FROM EXPLOSIVE ATMOSPHERES(…)

1. Organisational measures1.1. Training of workersThe employer must provide those working in places where explosive atmospheres may occur with sufficient and appropriate training with regard to explosion protection.






4) Enforcement - Defined sanctions

Very serious offense:• Do not make the risk assessment;• Do not proceed with the classification of areas where explosive

atmospheres may occur;• Do not take technical and organizational measures;• Do not use the equipment and protective systems corresponding to

the categories specified in legislation.Serious offense:• Do not elaborate explosion protection document;• The beginning of activities in hazardous areas or of operations that

may cause danger without authorization;• Lack of coordination by the employer when there workers from

various companies;• Lack of training, information and consultation of employees.




The Chemical Agents Directive (CAD)(98/24/EC) requires employers to protect workers from certain risks arising from chemical agents in the workplace;

The Explosive Atmospheres Directive (ATEX) requires employers to protect workers from the risk of explosive tmospheres.

Since a flammable substance or dust must be present to create an explosive atmosphere there is considerable overlap between CAD and ATEX.

UK have implemented CAD & ATEXtogether in new safety regulations known as

The Dangerous Substances & ExplosiveAtmosphere Regulations (DSEAR, 2002)

DSEAR

CAD

Chemical Agents

Directive

ATEX 95 ATEX 137

Atmosphere Explosives

Directive 99/92/ECUnited Kingdom Example



What does DSEAR require?

Employers must: Find out what dangerous substances are in their workplace and

what the fire and explosion risks are; Put control measures in place to either remove those risks or,

where this is not possible, control them; Put controls in place to reduce the effects of any incidents

involving dangerous substances; Prepare plans and procedures to deal with accidents, incidents

and emergencies involving dangerous substances; Make sure employees are properly informed about and trained to

control or deal with the risks from the dangerous substances; Identify and classify areas of the workplace where explosive

atmospheres may occur and avoid ignition.




When does DSEAR apply?

Apart from certain activities involving ships, DSEAR applies whenever: There is work being carried out

by an employer (or self employed person);

A dangerous substance is present (or is liable to be present) at the workplace;

The dangerous substance could be a risk to the safety of people as a result of fires, explosions or similar energetic events.

Where does DSEAR apply?DSEAR applies to workplaces where dangerous substances are present, used, or produced.Workplaces are any premises or parts of premises used for work. (Examples: places such as industrial and commercial premises, land-based and offshore installations, mines and quarries, construction sites, vehicles and vessels, (etc), as houses and other domestic premises, if people are at work there.


Explosion protection document?The DSEAR regulations don’t required an explosion protection document.



More information about DSEAR:http://www.hse.gov.uk/fireandexplosion/dsear.htm

• Quick guide to DSEAR; DSEAR in detail; Publications; ATEX and DSEAR frequently asked questions;

• Approved Code of Practice (ACOP) for the Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR) (publish

the revised ACOP in December 2013)“This Code has been approved by the Health and Safety Executive, with the consent of the Secretary of State. It gives practical advice on how to comply with the law. If you follow the advice you will be doing enough to comply with the law in respect of those specific matters on which the Code gives advice. You may use alternative methods to those set out in the Code in order to comply with the law.However, the Code has a special legal status. If you are prosecuted for breach ofhealth and safety law, and it is proved that you did not follow the relevant provisions of the Code, you will need to show that you have complied with the law in some other way or a Court will find you at fault.”


http://www.hse.gov.uk/fireandexplosion/dsear.htm








Thank you for your kind attention!

Vanda Caramelo

Diretor of DepartmentWorking Conditions Authority

Ministry of Labour and Social SolidarityPortugal

[email protected]


mailto:[email protected]

turkey , 26 may 2014 vanda caramelo

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