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ATEX 137 The Use Direct ive

The new European directive for the protection of work ers potentially at risk from explosi ve atmospheres

Introduction

Each year of the 120 million workers within the European Union, 10million are the victim of work-related accidents or disease and 8000die. Over the past 30 Years, the need to improve conditions in thework place has been one of the European Commissions primaryobjectives.

Within the European Community an EC treaty was agreed by allmember states which provides both the legal and general principle:Member states shall pay particular attention to encouragingimprovements, especially in the working environment, asregards the health and safety of workers, and shall set as

their objective the harmonisation of conditions in t his area,while maintaining the improvements made. This treaty wasadopted on the 12 June 1989 as Directive 89/391/EEC (theFramework Directive).

The framework directive represents the core of the Commissionsstrategy on health and safety and is intended to be supplementedby individual directives, specifying minimum requirements andcovering areas such as the use of work equipment, personalprotective equipment and manual handling.

Article 137 of Directive 89/391/EC sets out to improve the health andsafety protection of all workers potentially at risk from explosiveatmospheres. Article 137 was published in the official journal ofEuropean Communities on 28 January 2000 as Directive 99/92/EC, ATEX 137. It is the 15th individual directive of the frameworkdirective (89.391/EEC).

94/ 9/ EC versus 99/ 92/ EC - Who is responsible?

99/92/EC (ATEX 137) is intended to complement the previouslypublished 94/9/EC (ATEX 100a). These two directives cover differentareas and are intended to achieve different objectives.Responsibilities and duties are shared between the manufacturer anduser (employer)

99/92/ EC (ATEX 137)

Covers health and safety protection of workers Duties are placed on the employer Intended to ensure that workers enjoy a minimum level of

protection throughout all member states

94/ 9/ EC (ATEX 100a)

Covers products intended for use in hazardous areas Duties are placed on the manufacturer/supplier of the product Intended to facilitate the free movement of goods within the

EU

Both ATEX 137 and ATEX 100a become mandatory on 1st July2003. It should be noted that both of these directives set out theminimum requirements and Member states are free to introducemore stringent measures if they wish.

Special requireme nts for Work Equipment and Workplacesin accordance with ATEX 137

1. All new or existing hazardous area equipment made available foruse for the first time, prior to 30 June 2003, must comply with theappropriate minimum requirements of Annex II, Part A of ATEX 137.

2. All new or existing hazardous area equipment made available foruse after 30 June 2003, must comply with the appropriate minimumrequirements of Annex II, Parts A and B of ATEX 137.

3. All hazardous area workplaces, which are used for the first timeafter 30 June 2003, must comply with the appropriate minimumrequirements of ATEX 137.

4. All existing hazardous area work places in use before 30 June2003 must comply with the appropriate minimum requirements ofATEX 137 no later than 30 June 2006.

5. The employer must take the necessary steps to ensure allmodifications to hazardous area workplaces after 30 June 2003comply with the appropriate minimum requirements of ATEX 137.

Fig 1 Exam ple of Area Classificat ion

A road tanker parked for unloading

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Employers obligations under ATEX 137 directive

The employer is required to take all reasonable measures to preventthe formation of an explosive atmosphere in the workplace. Wherethis is not possible, measures must be taken to avoid the ignition ofany potentially explosive atmosphere, which may be formed.Furthermore, the effects of any explosion must be minimised in sucha way that workers are not put at risk. Any measures taken mustbe reviewed regularly, particularly when any significant changes aremade to the hazardous area workplace.

Where explosive atmospheres may occur, the employer is requiredto classify those areas into Zones (Fig. 1) and ensure that certainminimum requirements are applied within the Zones. Wherenecessary, locations where explosive atmospheres may occur shallbe marked with warning signs at their point of entry (Fig. 2).

The risk assessment

The employer is already required to carry out a risk assessmentunder the requirements of the framework directive (89/391/EEC).The risk assessment is not therefore an additional requirement.

Article 4 of directive 99/92/EC obliges the employer to carry out anassessment of the risks arising specifically from explosiveatmospheres. The risk assessment must take account of thefollowing:

The likelihood that an explosive atmosphere will occur

The likelihood that potential ignition sources will be present

The intended process, installation, substances used andany possible interaction between them.

The scale of the anticipated effects

The explosion protection document (EPD)

The EPD is based on the risk assessment. Once the riskassessment has been carried out and identified a likelihood thatworkers may be exposed to an explosive atmosphere, an EPD mustbe drawn up. EPD must be drawn up before commencing work andit must be revised in the event that the workplace, work equipmentor organisation of the work undergoes significant change. Existingdocuments or other equivalent reports may be utilised to satisfy thisrequirement to avoid unnecessary duplication.

Any workplace which contains locations where an explosiveatmosphere may occur must be verified before it is put intooperation for the first time. This verification must be carried out bypersons competent in the field of explosion protection. Thiscompetence must be demonstrable in the form of experience and/orprofessional training. The EPD must demonstrate that all explosionrisks have been determined and assessed. Those locations or areasthat have been identified as hazardous locations must be identifiedin the EPD.

The warning sign

The requirement for a warning sign is in line with the EC Safety SignsDirective. The purpose of this directive is to encourage thestandardisation of safety signs throughout the member states sothat signs, wherever they are seen, have the same meaning.

Directive 99/92/EC requires that, where necessary, locations whereexplosive atmospheres may occur shall be marked with warning signsat their point of entry. The warning sign must have certaindistinctive features. It must be triangular in shape, utilise blacklettering on a yellow background with black edging. The yellowbackground must constitute at least 50% of the area of the sign.Other explanatory data may be added to the sign.

Earlier versions of the proposed directive incorporated the Greekletters in a warning triangle. However, it was felt that since the

Greek was already used to identify equipment and protective

systems under the ATEX 100a directive (Fig. 3), it was decided tosubstitute Latin letters.

Fig 2 - Warn ing Sign for

Location s where ExplosiveAtmospheres may occur

Directive 99/ 92/ EC

Fig 3 - The Specific

Marking ofExplosion Prot ection

Directive 94/ 9/ EC

Summary of main duties on employers:

Prepare an explosion protection document (EPD)

Classify the workplace into Zones where applicable

Select ATEX 100a products according to Zone

Identify, using warning signs, locations where explosiveatmospheres may occur.

Conclusion

Manufacturers of equipment intended for use in potentially explosiveatmospheres have for some time been aware of the requirementsof the ATEX 100a directive. There have been seminars,conferences and colloquia all eagerly attended by those who arekeen to keep abreast of developments. Awareness amongst usersof this equipment has not been so evident. Indeed, since the ATEX100a directive is the responsibility of the manufacturer, why shouldthe user worry?

The new directive 99/92/EC will, for the first time, introduce specificlegal requirements aimed at protecting workers from the potentialdangers of explosive atmospheres. Directive 94/9/EC and directive99/92/EC are complimentary. Although they both address the samerisks they are aimed at different sectors. Users and operators willtherefore need to ensure they are fully aware of the newrequirements.

Sira provides a range of technical services Sira can assist clients needing area classification or assistance in

complying with the requirements of the ATEX 137 directive:

Training we can offer public or in-house courses. These will givestaff the ability to understand and prepare Area Classifications tovarious codes of practice.

Consultancy Sira can provide consultants to undertake the workfor you. We will provide a detailed report; complete with marked upsite drawings and a rationale for how we have arrived at ourconclusions.

Project Management Sira can project manage a team thatincludes our own experts and the clients staff. This allows acombination of our expertise and project skills with the customerslocal knowledge and resources, so ensuring that future maintenancecan be carried out in-house.

Support Sira can be somebody to talk to when there is adifficulty, or to come in and give advice on solving a problem. Assafety is involved, many clients appreciate having an external expertlook over the work and give it their seal of approval. Often thisservice is provided after a clients staff have attended a Sira trainingcourse. For an agreed fee, we can be on call.

More Information?

To discuss any issues arising from this document, or for additionalinformation regarding the Area Classification or Training services Siracan provide for your organisation, please click here and complete ourenquiries form or please contact us at:

Europe: Rake Lane, Eccleston, Chester, England.email:exhazard@siratc.co.ukTelephone: +44 (0) 1244 670 900, Fax: +44 (0) 1244 681330

North America sales office: 480D East Wilson Bridge Road,Worthington, Ohio, OH 43085, USA.Telephone: 00 1 614 847 3988, Fax: 00 1 614 847 3980