Fire
Safety, Health and Welfare at Work (General Application) Regulations
2007
11. An employer shall ensure that—
(a) the position, number and dimensions of doors and gates, and the materials used in their construction, are determined by the nature and use of the rooms or areas and are appropriate for the safety, health and welfare of employees,
(b) swing doors and swing gates are transparent or have see-through panels,
(c) transparent doors are appropriately marked at a conspicuous level,
(d) if transparent or translucent surfaces in doors and gates are not made of safety material and, if there is a danger that employees may be injured if a door or gate should shatter, the surfaces are protected against breakage,
(e) sliding doors and sliding gates are fitted with a safety device to prevent them from being derailed or falling over,
(f) doors and gates opening upwards are fitted with a mechanism to secure them against falling back,
(g) there are doors or gates for pedestrian traffic in the immediate vicinity of gates intended primarily for vehicle traffic, unless it is safe for pedestrians to pass through, and such doors or gates are clearly marked and kept unobstructed at all times, and
(h) mechanical doors and gates—
(i) function in such a way that there is no risk of accident to employees,
(ii) are fitted with easily identifiable and accessible emergency shut-down devices, and
(iii) can be opened manually where they operate as an emergency exit, unless they open automatically in the event of a power failure.
Emergency routes and exits.
12. Without predjudice to section 11 of the Act, the Fire Services Acts 1981 and 2003 (No. 30 of 1981 and No.15 of 2003) and other relevant legislation, an employer shall ensure that—
(a) emergency routes to emergency exits and the exits themselves are kept clear at all times and lead as directly as possible to the open air or to a safe area,
(b) in the event of danger, it is possible for employees to evacuate all workstations quickly and as safely as possible,
(c) the number, distribution and dimensions of the emergency routes and exits are adequate for the use, equipment and dimensions of the place of work and the maximum number of persons that may be present,
(d) emergency exit doors open outwards,
(e) any sliding or revolving doors that are fitted are not used, or intended to be used, as emergency exits,
(f) emergency doors and gates are not so locked or fastened that they cannot be easily and immediately opened by any person who may need to use them in an emergency,
(g) specific emergency routes and exits are indicated by signs in accordance with Part 7 Chapter 1 and such signs are placed at appropriate points and are adequately durable,
(h) emergency routes and exits, and the traffic routes and doors giving access to them are free from obstruction so that they can be used at any time without hindrance, and
(i) emergency routes and exits requiring illumination are provided with emergency lighting of adequate intensity in case the lighting fails.
Fire detection and fire fighting.
13. Without predjudice to section 11 of the Act, the Fire Services Acts 1981 and 2003 (No. 30 of 1981 and No.15 of 2003) and other relevant legislation, an employer shall ensure that—
(a) a place of work is equipped with appropriate fire-fighting equipment and, as necessary, fire detectors and an alarm system, taking account of—
(i) the dimensions and use of the buildings,
(ii) the equipment they contain,
(iii) the physical and chemical characteristics of the substances present, and
(iv) the maximum potential number of people present,
(b) non-automatic fire-fighting equipment is—
(i) easily accessible and simple to use, and
(ii) indicated by signs in accordance with Part 7, Chapter 1 and the signs are placed at appropriate points and are adequately durable, and
(c) fire detection equipment and fire-fighting equipment is—
(i) inspected and maintained as frequently as necessary to ensure that it is in good working order, and
(ii) serviced by a competent person as frequently as necessary.
Movement of pedestrians and vehicles in danger areas.
14. An employer shall ensure that—
(a) outdoor and indoor places of work are organised in such a way that pedestrians and vehicles can circulate in a safe manner,
(b) traffic routes, including stairs, fixed ladders and loading bays and ramps, are designed, located and dimensioned to ensure easy, safe and appropriate access for pedestrians or vehicles in such a way as not to endanger employees employed in the vicinity of such routes,
(c) routes used for pedestrian traffic or goods traffic, or for both, are dimensioned in accordance with the number of potential users and the type of undertaking,
(d) sufficient safety clearance is provided for pedestrians if means of transport are used on traffic routes,
(e) sufficient clearance is allowed between vehicle traffic routes and doors, gates passages for pedestrians, corridors and staircases,
(f) pedestrian routes and traffic routes are clearly identified for the protection of employees, where the use and equipment of places of work so require, and
(g) if the places of work contain danger areas in which, owing to the nature of the work there is a risk of an employee or objects falling, these are—
(i) equipped, as far as possible, with devices preventing unauthorised employees from entering those areas, and
(ii) clearly indicated, and
appropriate measures are taken to protect employees authorised to enter danger areas.
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Interpretation for Part 8.
167. In this Part:
“ADR” means—
(a) the European Agreement concerning the international carriage of dangerous goods by road,
(b) the protocol of signature to that agreement, done at Geneva on 30 September 1957,
(c) the amending protocol to that agreement adopted at Geneva on 28 October 1993 and
(d) Annexes A and B to the ADR referred to in Annexes A and B to Council Directive No. 94/55/EC of 21 November 1994 as amended;
“explosion protection document” shall be construed in accordance with Regulation 169;
“hazard” means the physico-chemical or chemical property of a substance which has the potential to give rise to fire, explosion, or other events which can result in harmful physical effects of a kind similar to those which can be caused by fire or explosion affecting the safety of a person, and cognate words shall be construed accordingly;
“risk” means the likelihood of a person’s safety being affected by harmful physical effects being caused to him or her from fire, explosion or other events arising from the hazardous properties of a substance in connection with work;
“substance” includes any natural or artificial substance whether in solid or liquid form or in the form of a gas or vapour;
“workplace” means any premises or part of premises used for or in connection with work and includes—
(a) any place within the premises to which a person has access while at work, and
(b) any room, lobby, corridor, staircase, road or other place—
(i) used as a means of access to or egress from that place of work, or
(ii) where facilities are provided for use in connection with that place of work,
other than a public road.
Application of Part 8.
168. (1) Subject to paragraph (2), this Part applies to a workplace where employees are potentially at risk from an explosive atmosphere.
(2) This Part does not apply to—
(a) areas used directly for and during the medical treatment of patients,
(b) the use of appliances burning gaseous fuels in accordance with Council Directive 90/396/EEC of 29 June 19903 on the approximation of the laws of the Member States relating to appliances burning gaseous fuels as amended by Council Directive 93/68/EEC of 22 July 19934 ,
(c) the manufacture, handling, use, storage and transport of explosives or chemically unstable substances,
(d) mineral extractive industries as referred to in the relevant statutory provisions, and
(e) the use of means of transport by land, water and air, to which the relevant provisions of the international agreements, including ADR, and the European Community directives giving effect to those agreements apply, but means of transport intended for use in a potentially explosive atmosphere shall not be excluded.
Assessment of explosion risk and explosion protection document.
169. (1) An employer shall—
(a) where an explosive atmosphere is or is likely to be present at or may, from time to time, arise in a workplace, make a suitable and appropriate assessment of the risk arising from such explosive atmosphere to the employees concerned having regard to all the circumstances,
(b) in carrying out the assessment referred to in paragraph (a), have regard to—
(i) the likelihood that explosive atmospheres will occur and their persistence,
(ii) the likelihood that ignition sources, including electrostatic discharges, will be present and become active and effective,
(iii) the installations, substances used, work processes and their possible interactions,
(iv) the scale of the anticipated effects,
(v) any places which are or can be connected via openings to places in which explosive atmospheres may occur, and
(vi) such additional safety information as the employer may need in order to complete the assessment;
(2) Having carried out an assessment under and in accordance with this Regulation, an employer shall—
(a) prepare an explosion protection document, as soon as practicable and before the commencement of work,
(b) revise that document as necessary if the workplace, work equipment or organisation of work undergoes significant changes, extensions or conversions,
(c) include that document, or make reference to it, in the employer’s safety statement and
(d) make that document or any revision of it available to the employees concerned.
(3) The employer shall specify in the explosion protection document each of the following:
(a) that the explosion risks have been determined and assessed;
(b) that measures have been or will be taken pursuant to this Part and that such measures are adequate having regard to the risks;
(c) the places which have been classified into zones in accordance with Regulation 170 and, in respect of such classification, where Schedule 10 applies;
(d) that the workplace and work equipment, including warning devices, are designed operated and maintained with due regard for safety and that, in accordance with Part 2, Chapter 1 and Part 7, Chapter 1, adequate arrangements have been made for the safe use of work equipment;
(e) the purpose of any co-ordination required by Regulation 175 and the measures and procedures for implementing it.
(4) An employer, in drawing up the explosion protection document, may combine existing explosion risk assessments, documents or other equivalent reports which have been prepared by or on behalf of the employer under any other enactment.
Classification of places where explosive atmospheres may occur.
170. (1) An employer shall—
(a) classify places at the workplace where explosive atmospheres may occur into hazardous or non-hazardous places in accordance with Part A of Schedule 10,
(b) having done so, classify those places classified as hazardous into zones in accordance with paragraph 2 of that Part, and
(c) display in a prominent position in any place that is classified as hazardous in accordance with paragraph (b), a sign at or near each point of entry to the hazardous place and ensure that the sign complies with Part B of Schedule 10.
(2) Before a workplace containing a place that is classified as hazardous pursuant to paragraph (1) is used for the first time, an employer shall ensure that—
(a) the overall explosion safety of both the workplace and that place it contains is verified by a competent person, and
(b) any condition or conditions that are necessary, pursuant to this Part, for ensuring protection from explosion, is or are maintained.
(3) This Part applies to—
(a) the places classified as hazardous under paragraph (1)(a), as required by the features of workplaces, workstations, the equipment or substances used or the danger caused by the activity related to the risks from explosive atmospheres, and
(b) equipment in non-hazardous places which is required for, or helps to ensure, the safe operation of equipment located in hazardous places.
Prevention against explosion.
171. An employer shall—
(a) for the purpose of preventing and providing protection against explosions, take technical and organisational measures that are appropriate to the nature of the operation and in order of priority ensure that those measures—
(i) either
(I) prevent the formation of explosive atmospheres, or
(II) where the nature of the activity does not allow that, avoid the ignition of explosive atmospheres including by electrostatic discharges where persons at work or the working environment act as charge carrier or charge producer, and
(ii) mitigate the detrimental effects of an explosion so as to ensure the health and safety of persons at work,
(b) where necessary, combine and supplement the measures referred to in paragraph (a with measures against the propagation of explosion,
(c) review the foregoing measures regularly and whenever significant changes occur,
(d) take the necessary measures, in compliance with Regulation 169, to ensure that—
(i) where explosive atmospheres may or are likely to arise in such quantities as to endanger the safety and health of persons at work, or of others, the working environment is such that work can be performed safely,
(ii) in working environments where explosive atmospheres may arise in such quantities as to endanger the safety and health of employees—
(I) there is appropriate supervision of employees, and
(II) that supervision includes the appropriate technical measures,
(iii) any escape or any release, or both, whether intentional or not, of flammable gases, vapours, mists or combustible dusts which may give rise to explosion hazards are suitably diverted or removed to a safe place or, if that is not practicable, safely contained or rendered safe by some other suitable method and
(iv) if an explosive atmosphere contains several types of flammable or combustible gases, vapours, mist or dusts, or any combination of them protective measures are appropriate to the greatest potential risk.
Safety of plant, equipment and protective systems.
172. (1) An employer shall ensure that—
(a) plant, equipment, protective systems and any associated connecting devices are only brought into service if the explosion protection document indicates that they can be safely used in an explosive atmosphere,
(b) necessary measures are taken to prevent confusion between connecting devices,
(c) all necessary measures are taken to ensure that the workplace, work equipment and any associated connecting device made available to employees are—
(i) designed,
(ii) constructed,
(iii) assembled,
(iv) installed,
(v) maintained, and
(vi) operated,
in such a way as—
(I) to minimise the risks of an explosion, and
(II) if an explosion does occur to control or minimise the propagation of the explosion within that workplace, work equipment, or both,
(d) for a workplace referred to in paragraph (c), appropriate measures are taken to minimise the risks to employees from the physical effects of an explosion,
(e) where the risk assessment shows it to be necessary—
(i) it is possible, where power failure can give rise to the spread of additional risks, to maintain equipment and protective systems in a safe state of operation independently of the rest of the installation in the event of power failure,
(ii) manual override by a competent employee is possible in order to shut down the equipment and protective systems incorporated within automatic processes which deviate from the intended operating conditions, provided that this does not compromise safety, and
(iii) on operation of the emergency shutdown, accumulated energy is dissipated as quickly and as safely as possible or isolated so that it no longer constitutes a hazard,
(f) if the explosion protection document drawn up pursuant to Regulation 169(2) does not state otherwise, equipment and protective systems for all places in which explosive atmospheres may occur is selected on the basis of the categories set out in the relevant statutory provisions intended for use in potentially explosive atmospheres, and
(g) in particular, the following categories of equipment are used in the zones indicated in Schedule 10, provided they are suitable for gases, vapours, mists or dusts, or any combination of them, as appropriate—
(i) in zone 0 or zone 20, category 1 equipment,
(ii) in zone 1 or zone 21, category 1 or 2 equipment, and
(iii) in zone 2 or zone 22, category 1, 2 or 3 equipment.
(2) Paragraph (1)(a) applies also to any equipment or protective systems to which the relevant statutory provisions relating to equipment and protective systems intended for use in potentially explosive atmospheres do not apply if their incorporation into an installation can in itself give rise to an ignition hazard.
Training, instructions, permits to work.
173. An employer shall—
(a) provide persons at work in workplaces where explosive atmospheres may occur with sufficient and appropriate training with regard to explosion protection, and
(b) ensure that, where required by the explosion protection document—
(i) work in hazardous places is carried out in accordance with written instructions issued by the employer,
(ii) a system of permits to work is applied for carrying out both hazardous activities and activities which may interact with other work to cause hazards and
(iii) permits to work are issued by a competent person responsible for this function, before the activity concerned commences.
Protection of employees from explosion.
174. An employer shall—
(a) provide work clothing which does not give rise to electrostatic discharges for use in places classified as hazardous pursuant to Regulation 170(1)(b) to any employee who is obliged to carry out work or duties in such places and is appropriate for the carrying out of such work or duties in such places;
(b) where necessary, ensure that persons at work are given optical or acoustic warnings or both, and are withdrawn before the explosion conditions are reached; and
(c) where required by the explosion protection document, provide and maintain escape facilities to ensure that, in the event of danger, persons at work can leave endangered places promptly and safely.
Coordination at workplaces.
175. Without prejudice to section 21 of the Act—
(a) where employees are present in or at the same workplace to which this Part refers and they are employed by different employers, each employer shall ensure the safety of the employer’s employees and for that purpose shall ensure that the matters that arise under the employer’s control comply with this Part, and
(b) where 2 or more employers share the same workplace in which an explosive atmosphere may occur, the employer responsible for the workplace shall co-ordinate the implementation of all the measures required by this Part to be taken to protect employees from any risk from the explosive atmosphere.
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Schedule 10
Regulations 169 and 170
Explosive Atmospheres
Part A — Classification of places where explosive atmospheres may occur
1. Places where explosive atmosphere may occur:
(a) A place in which an explosive atmosphere may occur in such quantities as to require special precautions to protect the health and safety of the workers concerned is deemed to be hazardous within the meaning of Part 8 of these Regulations.
(b) A place in which an explosive atmosphere is not expected to occur in such quantities as to require special precaution is deemed to be non-hazardous within the meaning of Part 8 of these Regulations.
Flammable or combustible substances are considered as materials, which may form an explosive atmosphere unless an investigation of their properties has shown that in mixtures with air they are incapable of independently propagating an explosion.
2. Classification of hazardous places
Hazardous places are classified in terms of zones on the basis of the frequency and duration of the occurrence of an explosive atmosphere.
The extent of the measures to be taken in accordance with Part 8 is determined by this classification.
Zone 0:
A place in which an explosive atmosphere consisting of a mixture with air of flammable substances in the form of gas, vapour or mist is present continuously or for long periods or frequently.
Zone 1:
A place in which an explosive atmosphere consisting of a mixture with air of flammable substances in the form of gas, vapour or mist is likely to occur in normal operation occasionally.
Zone 2:
A place in which an explosive atmosphere consisting of a mixture with air of flammable substances in the form of gas, vapour or mist is not likely to occur in normal operation but, if it does occur, will persist for a short period only.
Zone 20:
A place in which an explosive atmosphere in the form of a cloud of combustible dust in air is present continuously or for long periods or frequently.
Zone 21:
A place in which an explosive atmosphere in the form of a cloud of combustible dust in air is likely to occur in normal operation occasionally.
Zone 22:
A place in which an explosive atmosphere in the form of a cloud of combustible dust in air is not likely to occur in normal operation but, if it does occur, will persist for a short period only.
Notes:
1. Layers, deposits and heaps of combustible dust must be considered as any other source, which can form an explosive atmosphere.
2. “Normal operation” means the situation when installations are used within their design parameters.
Part B — Warning sign for places where explosive atmospheres may occur
Place where explosive atmospheres may occur
Distinctive features:
triangular shape,
black letter on a yellow background with black edging (the yellow part to take up at least 50% of the area of the sign).