UK Statutory Instrument 2002 United Kingdom

Dangerous Substances and Explosive Atmospheres Regulations 2002

What this means for your business

8 obligations
8 penalties
8 can imprison
1 guides
Enforced by
OPSS, ECJU
Applies to
United Kingdom
On this page
8 compliance obligations, 1 practical guide
Read full text on legislation.gov.uk

What you must do

8 compliance obligations under this legislation — 8 can result in imprisonment.

Risk assessment 1

Carry out and maintain risk assessments for dangerous substances

2 years imprisonment

If your business handles or could be exposed to dangerous substances, you must identify the hazards, decide what could go wrong and put safe measures in place. Keep this assessment up to date, record the key findings (especially if you have five or more staff) and don’t start any new work involving the substance until the assessment is done and controls are applied.

Employer s.5 OPSS Whenever a dangerous substance is present or may be present at the …

Equipment and safety 1

Select appropriate explosion‑proof equipment for hazardous zones

2 years imprisonment

If any part of your workplace could have an explosive atmosphere, you must choose equipment and protective systems that match the zone classification (0/20, 1/21, 2/22). Follow the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016, unless your own risk assessment shows a different need. Using the wrong category of equipment can lead to prosecution.

Employer Schedule 3 OPSS when your business has areas where an explosive atmosphere could occur (zones …

Management duties 5

Coordinate explosive‑atmosphere safety with other employers

2 years imprisonment

If your business shares a workplace with another employer and there’s a risk of an explosive atmosphere, you must take charge of organising the safety measures required by the Dangerous Substances and Explosive Atmospheres Regulations. This means working together with the other employer(s) to make sure all required controls are put in place and that everyone’s staff stay safe.

Employer s.11 OPSS Two or more employers share the same workplace where an explosive atmosphere …

Eliminate or reduce risks from dangerous substances

2 years imprisonment

If your business works with any hazardous chemicals or other dangerous substances, you must do everything reasonably practicable to remove the risk or make it as low as possible. This means first trying to replace the hazardous material with something safer, then putting in place a hierarchy of control measures (e.g., minimise quantity, prevent releases, provide ventilation, remove ignition sources, etc.). You also need to handle, store and transport these substances safely and keep the controls in place over time.

Employer s.6 OPSS When your business uses, stores, handles, produces or transports dangerous substances.

Ensure hazardous contents of containers and pipes are clearly identified

2 years imprisonment

In your business any container or pipe that holds dangerous substances must be clearly labelled so you know what’s inside and the associated risks. If the existing markings don’t meet the requirements set out in Schedule 5, you must add or update labels, colour‑coding, signs or keep an up‑to‑date register so the contents and hazards are obvious to anyone working with them.

Employer s.10 OPSS When containers or pipes for dangerous substances are not marked in accordance …

Manage explosive atmosphere hazards in the workplace

2 years imprisonment

If any part of your premises could develop an explosive atmosphere, you must identify and classify those areas, mark hazardous zones, ensure equipment meets the required standards, put up safety signs at entry points, have a qualified person check the explosion safety before the area is first used, and provide anti‑static work clothing. In practice this means carrying out a systematic assessment, keeping relevant records and maintaining the controls on an ongoing basis.

Employer s.7 OPSS when your workplace contains places where an explosive atmosphere may occur

Prepare and maintain emergency arrangements for dangerous substances

2 years imprisonment

If your business stores or uses dangerous substances, you must have a clear plan for accidents, incidents or emergencies. This includes written procedures, regular safety drills, first‑aid facilities, warning systems, escape routes and ensuring the right information is shared with emergency services and displayed on site.

Employer s.8 OPSS When dangerous substances are present at the workplace

Training 1

Provide information, instruction and training on dangerous substances

2 years imprisonment

If your workplace uses any dangerous substances, you must give your staff clear information, training and instruction on how to work safely. This includes the substance name, the risks it poses, the safety data sheet, any relevant legal rules and the key points from your risk assessment. Keep the information up‑to‑date whenever your work methods or the substances change.

Employer s.9 OPSS Dangerous substance is present at the workplace

Penalties for non-compliance

8 penalties under this legislation. 8 can result in imprisonment. 8 carry an unlimited fine.

Prison risk

Carry out and maintain risk assessments for dangerous substances

Unlimited fine and/or 2 years imprisonment

Either way s.5 Penalises: Carry out and maintain risk assessments for dangerous …
Prison risk

Select appropriate explosion‑proof equipment for hazardous zones

Unlimited fine and/or 2 years imprisonment

Either way Schedule 3 Penalises: Select appropriate explosion‑proof equipment for hazardous zones
Prison risk

Coordinate explosive‑atmosphere safety with other employers

Unlimited fine and/or 2 years imprisonment

Either way s.11 Penalises: Coordinate explosive‑atmosphere safety with other employers
Prison risk

Eliminate or reduce risks from dangerous substances

Unlimited fine and/or 2 years imprisonment

Either way s.6 Penalises: Eliminate or reduce risks from dangerous substances
Prison risk

Ensure hazardous contents of containers and pipes are clearly identified

Unlimited fine and/or 2 years imprisonment

Either way s.10 Penalises: Ensure hazardous contents of containers and pipes are …
Prison risk

Manage explosive atmosphere hazards in the workplace

Unlimited fine and/or 2 years imprisonment

Either way s.7 Penalises: Manage explosive atmosphere hazards in the workplace
Prison risk

Prepare and maintain emergency arrangements for dangerous substances

Unlimited fine and/or 2 years imprisonment

Either way s.8 Penalises: Prepare and maintain emergency arrangements for dangerous substances
Prison risk

Provide information, instruction and training on dangerous substances

Unlimited fine and/or 2 years imprisonment

Either way s.9 Penalises: Provide information, instruction and training on dangerous substances

Practical guidance

Our guides explain how to comply with the requirements above.

Sections and provisions

17 classified provisions from this legislation.

Duties 8

  • Schedule 3 CRITERIA FOR THE SELECTION OF EQUIPMENT AND PROTECTIVE SYSTEMS item essential
  • s.5 Risk assessment
  • s.6 Elimination or reduction of risks from dangerous substances employer
  • s.7 Places where explosive atmospheres may occur employer
  • s.8 Arrangements to deal with accidents, incidents and emergencies the employer
  • s.9 Information, instruction and training
  • s.10 Identification of hazardous contents of containers and pipes
  • s.11 Duty of co-ordination

Powers 1

  • s.13 Exemption certificates

Definitions 3

  • s.2 Interpretation the CLP Regulation dangerous substance explosive atmosphere
  • Schedule 4 ( which substantially reproduces the provisions of Annex III of Council Directive 99/92/EC )
  • s.14 Exemptions for Ministry of Defence etc. Her Majesty’s Forces headquarters

Exemptions 1

  • s.17 Transitional provisions