What is DSEAR? The regulations, in plain terms

What the letters stand for

DSEAR is the Dangerous Substances and Explosive Atmospheres Regulations 2002 (legislation.gov.uk). HSE describes the substances covered as any used or present at work that could, if not properly controlled, cause harm to people as a result of fire, explosion or corrosion of metal, giving solvents, paints, flammable gases such as LPG, dusts and pressurised gases as examples (hse.gov.uk).

Who it applies to

HSE states that DSEAR applies to employers and the self-employed, and that it protects workers and members of the public. There is no industrial-scale threshold in the regulations: a bakery with flour dust, a garage with fuel, a joinery shop with wood dust and a small paint spraying booth are all in scope if a dangerous substance is or is liable to be present.

The duties, regulation by regulation

Regulation 5, risk assessment

Make a suitable and sufficient assessment of the risks where a dangerous substance is or is liable to be present, taking account of hazardous properties, safety data sheets, the work being done, maintenance and other higher risk activities, existing protective measures, the likelihood of an explosive atmosphere, ignition sources, the scale of any effects and connected spaces. Review it regularly.

Regulation 6, elimination or reduction of risk

Eliminate the risk from dangerous substances so far as is reasonably practicable, or where that is not possible, apply measures to control the risk and mitigate the detrimental effects of a fire or explosion.

Regulation 7, places where explosive atmospheres may occur

Classify hazardous places into zones in accordance with Schedule 2, apply the equipment and protective system requirements in Schedule 3, and mark the points of entry with signs in accordance with Schedule 4.

Regulation 8, accidents, incidents and emergencies

Have arrangements, procedures, warning systems and escape facilities appropriate to the risks identified.

Regulation 9, information, instruction and training

Ensure employees are provided with suitable information, instruction and training on the dangerous substances and the precautions.

Regulation 10, identification of contents

Identify the hazardous contents of containers and pipes where required.

Regulation headings above are taken from the contents of the Dangerous Substances and Explosive Atmospheres Regulations 2002; the summaries condense what each regulation says. HSE also publishes an Approved Code of Practice and guidance, L138, Dangerous Substances and Explosive Atmospheres Regulations 2002. Approved Code of Practice and guidance, second edition 2013, free to download (hse.gov.uk).

Recording the assessment

Where the employer has five or more employees, regulation 5(4) requires the significant findings of the assessment to be recorded as soon as practicable, including the measures taken or to be taken, sufficient information on the design of the workplace and, where relevant, any zone classification and the verification of explosion safety. Below that threshold the assessment is still required; only the duty to record the significant findings is tied to the headcount.

Nothing on this page is health and safety or legal advice. It summarises the regulations and HSE guidance so you can ask a competent assessor better questions.