0 Shopping Cart

The 20th Anniversary of DSEAR: Moving Forward

DSEAR - The 20th Anniversary

Can you believe that we have just passed the 20th anniversary of the Dangerous Substances and Explosive Atmospheres Regulations (DSEAR)? With this in mind, it is only fitting to pause and reflect upon its journey.

Although DSEAR didn’t come into force on December 9th 2002, it was not until June 30th 2003, that DSEAR came into full effect. Over these two decades, DSEAR has undeniably played a transformative role in reshaping the UK industry’s approach towards dangerous substances.

Yet, as with all Health and Safety regulations, there is still much ground to cover as we grapple with the complexities and the broad spectrum of its application.

Let’s Recap DSEAR

Over the past 20 years, businesses have been gradually recognising and implementing DSEAR’s requirements.

Yet, the road has not always been smooth, with slow adoption rates and, perhaps more worryingly, a lack of comprehensive understanding of its application. This is understandable, as regulations can be hard to interpret and apply.

The implications of non-compliance could be severe, including significant financial penalties, substantial reputational damage, and in the worst cases, severe harm or even loss of life.

 

Despite the obvious risks associated with the use of dangerous substances, the attention paid to DSEAR’s principles can vary greatly between different sectors.

Although these substances are typically more prevalent and potentially pose a higher risk in industrial premises, they are also found within commercial and residential properties. Unfortunately, the risks they pose in these environments are often underestimated.

Watch a snippet of the webinar we ran on July 20th. Sign up here for the replay.

The Underestimated Risks Of DSEAR

A common misconception is that DSEAR is solely applicable to industrial premises. The reality is that dangerous substances are present across a myriad of settings.

In commercial properties, these could range from cleaning chemicals in offices, flammable refrigerants in air conditioning systems, or paints and solvents used for building maintenance.

Residential properties, too, are not immune, with hazards such as gas cylinders for home heating, aerosols, and flammable liquids.

The potential risks to anyone visiting any premises can be significant. As you would imagine, most people will be unacquainted with these substances, unaware of their potential risks, or lack the necessary knowledge to respond effectively in emergencies.

For this reason, Ligtas wants to spread the knowledge and make more people aware of potential hazards and how to work with DSEAR.

 

2015 DSEAR Changes

In 2015 DSEAR changed to include risk caused by gasses under pressure (HSE). For many, this now meant an extra risk assessment to ensure that how they stored and used these substances would comply and risk would be minimised.

However onerous this might seem, it is still important. What was intriguing was that there was an increased awareness of DSEAR and its requirements when diesel was reclassified as ‘Flammable’ in 2015.

However, diesel has been classified as a ‘dangerous substance’ under DSEAR since the introduction of DSEAR in 2002.

It has always required appropriate DSEAR risk assessment.


Despite the importance of DSEAR, there are still unsafe practices. Things that careless companies do when failing to comply with DSEAR regulations fall into the following categories.


This is not an exhaustive list, as non-compliance with DSEAR can manifest in various other ways depending on the specific industry and company practices. The consequences of non-compliance can range from fines and legal penalties to serious accidents, injuries, and even fatalities, as the following cases demonstrate.

Potential Unsafe Practices

  • Inadequate Risk Assessments
  • Lack of Hazardous Area Classification
  • Inadequate Training and Awareness
  • Poor Storage and Handling of Dangerous Substances
  • Ignoring Maintenance and Inspection Requirements
  • Lack of Emergency Preparedness
  • Inadequate Monitoring and Testing
  • Insufficient Documentation and Record-Keeping

Bosley Mill Explosion (2015)

In 2015, an explosion occurred at the Bosley Wood Flour Mill in Cheshire, resulting in the deaths of four workers. The Health and Safety Executive (HSE) prosecuted Wood Treatment Ltd., the company operating the mill, under various regulations, including DSEAR. Manslaughter charges against the owner of a wood mill in Cheshire, UK, where four people died in a 2015 explosion, were later dropped in addition to two mill managers being cleared of health and safety offences.

Wood Treatment Ltd. (2016)

Wood Treatment Ltd. faced further charges in 2016 related to the Bosley Mill explosion. The company pleaded guilty to multiple offences, including breaching DSEAR regulations, and was fined significantly.

Robert McBride 2017

Robert McBride pleaded guilty to breaching regulation 6(1) of the Dangerous Substances and Explosive Atmospheres Regulations (DSEAR) 2002 and was fined £480,000 after one of its workers sustained superficial burns at its Hull factory. Flammable vapours ignited at Robert McBride’s site and engulfed a worker’s upper torso.

A Health and Safety Executive (HSE) investigation found that the chemical firm’s controls had been inadequate to prevent a build-up of a flammable atmosphere in a mixing vessel, which led to the incident at its factory on Sutton Fields Industrial Estate.

These cases illustrate the seriousness with which non-compliance with DSEAR regulations is treated. Prosecutions serve as a reminder that failure to adhere to safety standards can have severe consequences, including reputational, legal repercussions and harm to individuals and the environment. Companies must prioritise DSEAR compliance to ensure the well-being of their employees and the public.

Looking Forward Towards Understanding and Education

Ligtas believe that moving forward, the focus needs to be on enhancing understanding and compliance with DSEAR across all sectors. Facilities managers, health and safety managers, and SMEs all have an important role. They need to ensure their premises, regardless of whether they are industrial, commercial, or residential, comply with DSEAR and communicate the importance to all.

Conducting comprehensive DSEAR risk assessments should be at the forefront of this endeavour. These assessments will identify and evaluate the risks associated with the presence of dangerous substances.

Once the risks are identified, effective control measures should be implemented to mitigate them. This includes ensuring the proper storage, usage, and disposal procedures for all dangerous substances and implementing effective emergency response plans.

Education and training are another cornerstone of effective DSEAR compliance. Training needs to be given to raise awareness on how to safely handle these materials and respond in an emergency. Ligtas run a face-to-face DSEAR course. For details contact our training team.

The challenges posed by dangerous substances continue to evolve, and our understanding and application of DSEAR must also evolve. In the years to come, the focus needs to be on increasing compliance, enhancing education, and striving for a culture of safety that goes beyond the workplace and extends to all facets of life.

To support businesses, Ligtas ran a webinar on July 20th. To find out more and sign up for the replay, head here.

Where do you want to go today?