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Turkey , 26 MaY 2014 Vanda Caramelo

TAIEX Workshop on Preparation of Explosion Protection Document Istambul , 26-27 May 2014. Directive 99/92/EC and its applications in EU countries. Turkey , 26 MaY 2014 Vanda Caramelo. Summary : Brief information about Portugal and t he Working Conditions Authority

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Turkey , 26 MaY 2014 Vanda Caramelo

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  1. TAIEX Workshop on Preparation of Explosion Protection Document Istambul, 26-27 May 2014 Directive 99/92/EC and its applications in EU countries Turkey, 26 MaY 2014 Vanda Caramelo

  2. Summary: • Brief information about Portugal and theWorkingConditionsAuthority • 2. Directive 99/92/EC • Principles and scope • Obligations to theemployer • AssessmentofExplosionRisk • ExplosionProtectionDocument • 3. Directive 99/92/EC • Portugal Example • United KidgomExample Turkey, 26 May 2014 Vanda Caramelo

  3. Portugal Turkey, 26 May 2014 Vanda Caramelo

  4. The Authority for Working Conditions • MISSION • To promotetheimprovementofworkingconditions, by: • controllingcompliancewithlabour standards in theprivate sector ; • promoting policies onpreventionof OSH hazards; • controllingcompliancewithlawsandregulationsconcerningHealthandSafety in alleconomicsectors (privateandpublic).

  5. The single market • 1987 – New approach to technicalharmonisation • 1993 – Global approach to conformityassessment • Directives adopting this dual purpose approach prevent restrictions to trade and assure high levels of protection through technical harmonisation. Global approach to well-beingatwork Framework Directive 89/391/EEC requires the employer to implement the measures necessary for the safety and health protection of workers, including prevention of occupational risks, and provision of information and training, as well as provision of the necessary organization and means. Turkey, 26 May 2014 Vanda Caramelo

  6. Two specific Directives which concern potentially explosiveatmospheres: • Directive 94/9/EC (100a), aimed at manufacturers of equipment intended for use in potentially explosive atmospheres; • Directive 1999/92/EC (137) sets out the minimum requirements for the protection of workers potentially at risk from explosive • Atmosferas. • These Directives are commonly called the • ‘ATEX’ Directives • ATmosphèresEXplosibles Turkey, 26 May 2014 Vanda Caramelo

  7. Turkey, 26 May 2014 Vanda Caramelo

  8. Directive 99/92/EC Adopting ATEX 25 membersstatesand Switzerland (2000) Apply to the whole of the European Economic Area (EAA) which also includes Norway, Iceland, Lichtenstein and Switzerland Turkey, 26 May 2014 Vanda Caramelo

  9. Directive 99/92/EC 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 throughoutallmemberstates. • Workplaces used for the first time after June 30th 2003 must comply with the Directive immediately. • Existing workplaces must comply with the Directive no later than 30th June 2006. Turkey, 26 May 2014 Vanda Caramelo

  10. Directive 99/92/EC Principles and scope • Scope • There are a number of specific exclusions to ATEX 137: • Areas for medical treatment; • The mineral extraction industry and transportation by land, sea or international waters. • The drilled oil and gas extraction industry (Directive 92/91/EC.) • However, generally ATEX 137 applies to all EU workplaces where explosive atmospheres could occur ( from small garages to large petrochemical plants). • Principles • ATEX 137 Directive is based on 3 straight forwardprinciples: • Where possible, prevent the formation of explosive atmosferas; • Where such atmospheres are unavoidable, preventignition; • Ensure the health and safety of workers by mitigating the effects of any explosions that do occur. Turkey, 26 May 2014 Vanda Caramelo

  11. Directive 99/92/EC Obligations to theemployer • ATEX Directive 99/92/EC - Itrequiresemployers to:  • Prevent and provide protection against the explosions; • Carry out and keep up to date an explosionrisk assessment (Directive 89/391/EEC) - Explosion protection document; • Ensure a safe working environment and appropriate supervision of workers in hazardous areas; • Classify hazardous areas into zones and provide warning signs in a specified form (Directives 92/58/EEC and ATEX 94/9/EEC); • Satisfy the requirements of Annex II of the Directive which applies to places classified as hazardous areas and also equipment installed in non-hazardous areas but required for safe operation of equipment installed in hazardous areas, among the most important being; • Training ofWorkers; • Only bringing into service equipment which can be safely used in an explosive atmosphere; • Selecting equipment and protective systems on the basis of the categories set out in ATEX 94/9/EC (Annex II Section B of Directive 99/92/EEC); • Minimising the risk of an explosion through the proper design, construction, assembly, installation and maintenance of plant equipment . Turkey, 26 May 2014 Vanda Caramelo

  12. Directive 99/92/EC AssessmentofExplosionRisk • AssessmentofExplosionRisk(article 4) • Theassessmentshouldinclude: • The likelihood and persistence of any explosive atmospheres; • The likelihood of ignition sources being present (including electrostatic discharge); • The installations, substancesand processes usedon site and any possible interaction; • The scale of any anticipatedeffects. Turkey, 26 May 2014 Vanda Caramelo

  13. Directive 99/92/EC ExplosionProtectionDocument ExplosionProtectionDocument(article 8) • Layout for anexplosionprotectiondocument: • Descriptionoftheworkplaceandworkingareas; • Descriptionoftheprocess steps and/oractivities; • Descriptionofthesubstancesused/safetyparameters; • Resultsoftheriskanalyses; • Explosionprotectionmeasurestaken; • Implementationoftheexplosionprotectionmeasures; • Coordinationoftheexplosionprotectionmeasures; • Anexx to theexplosionprotectiondocument. • Thisdocumentshalldemonstrate: • Eplosion risks have been determined and assessed; • Measures are taken to meet Directives aims; • Area classification as Annex I; • Where the minimum requirements set out in Annex II will apply; • Location, equipment, warning devices are designed , operated and maintained with safety in mind. Turkey, 26 May 2014 Vanda Caramelo

  14. Directive 99/92/EC Portugal Example Europeanlevel • EconomicDirectives • Social Directives Directive 89/391/ECC SafetyandHealthProtectionofworkers Directive 94/9/EC Equipmentintended for use in EA Directive 1999/92/EC Exploseatmospheres Nationallevel Lawn.º 441/1991, amendedbylaw3/2014,ofJanuary 28 Lawn.º236/2003, ofSeptember 30 Lawn.º112/1996, ofAugust 5 Ministry of Labor and Social Solidarity MinistryofEconomy Turkey, 26 May 2014 Vanda Caramelo

  15. Directive 99/92/EC Portugal Example – DecreeLaw 236/2003 Some particularities • Portuguese DecreeLaw 236/2003: • This Act came into force on 5 October 2003; • It has a total of 17 items/articles (no Annexes); • Applies to central, regional and local public administration, public institutions and all branches of activity of private, cooperative and social sector as well as the self-employed, when there are jobs that may expose workers to risks from explosive atmospheres; • Notapply to: • (a) areas used directly for and during the medical treatment of patients; • (b) the use of appliances burning gaseous fuels; • (c) the manufacture, handling, use, storage and transport of explosives or chemically unstable substances; • (d) mineral-extracting industries; • (e) the use of means of transport by land, water and air, to • which the pertinent provisions of the international agreements and the • Community Directives giving effect to those agreements, apply. Means of transport intended for use in a potentially explosive atmosphere are not excluded. Turkey, 26 May 2014 Vanda Caramelo

  16. Directive 99/92/EC Portugal Example – DecreeLaw 236/2003 Some particularities 1) Definitions (Article 3.º ) 1 - For the purposes of this Ordinance, means by: a) "explosive atmosphere" means a mixture with air, under atmospheric conditions, of flammable substances in the form of gases, vapors, mists or dusts in which, after ignition, combustion spreads to the entire unburned mixture. The same as article 2.º of Directive. Definitions introduced in the Portuguese legislation: b) "dangerous area" means an area in which it can form an explosive atmosphere in concentrations requiring the adoption of preventive measures special to ensure the safety and health workers covered; c) 'non-hazardous area "means an area that is not likely the formation of explosive atmospheres in concentrations that require the adoption of special preventive measures. Turkey, 26 May 2014 Vanda Caramelo

  17. Directive 99/92/EC Portugal Example – DecreeLaw 236/2003 Some particularities • 2) ContentsoftheAnnexes in thetextlaw • Classificationoftheplaceswhereexplosiveatmospheresmayoccur(Article 4.º); • Minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres (Article 11.º). • 3) Article 15.º - Training, specific information and consultation of employees (Different formulation of the Directive) • ANNEX II • A. MINIMUM REQUIREMENTS FOR IMPROVING THE SAFETY AND HEALTH PROTECTION OF WORKERS POTENTIALLY AT RISK FROM EXPLOSIVE ATMOSPHERES • (…) • 1. Organisationalmeasures • 1.1. Training ofworkers • The employer must provide those working in places where explosive atmospheres may occur with sufficient and appropriate training with regard to explosion protection. Turkey, 26 May 2014 Vanda Caramelo

  18. Directive 99/92/EC Portugal Example – DecreeLaw 236/2003 Some particularities • 4) Enforcement - Definedsanctions • Veryseriousoffense: • Do not make the risk assessment; • Do not proceed with the classification of areas where explosive atmospheres may occur; • Do not take technical and organizational measures; • Do not use the equipment and protective systems corresponding to the categories specified in legislation. • Seriousoffense: • Do not elaborate explosion protection document; • The beginning of activities in hazardous areas or of operations that may cause danger withoutauthorization; • Lack of coordination by the employer when there workers from various companies; • Lack of training, information and consultation of employees. Turkey, 26 May 2014 Vanda Caramelo

  19. Directive 99/92/EC United KingdomExample • The Chemical Agents Directive (CAD)(98/24/EC) requires employers to protect workers from certain risks arising from chemical agents in the workplace; • The Explosive Atmospheres Directive (ATEX) requires employers to protect workers from the risk of explosivetmospheres. • Since a flammable substance or dust must be present to create an explosive atmosphere there is considerable overlap between CAD and ATEX. UK have implemented CAD & ATEX together in new safety regulations known as TheDangerousSubstances & Explosive AtmosphereRegulations (DSEAR, 2002) Turkey, 26 May 2014 Vanda Caramelo

  20. Directive 99/92/EC United KingdomExample • What does DSEAR require? • Employers must: • Find out what dangerous substances are in their workplace and what the fire and explosion risks are; • Put control measures in place to either remove those risks or, where this is not possible, control them; • Put controls in place to reduce the effects of any incidents involving dangerous substances; • Prepare plans and procedures to deal with accidents, incidents and emergencies involving dangerous substances; • Make sure employees are properly informed about and trained to control or deal with the risks from the dangerous substances; • Identify and classify areas of the workplace where explosive atmospheres may occur and avoid ignition. Turkey, 26 May 2014 Vanda Caramelo

  21. Directive 99/92/EC United KingdomExample • When does DSEAR apply? • Apart from certain activities involving ships, DSEAR applies whenever: • There is work being carried out by an employer (or self employed person); • A dangerous substance is present (or is liable to be present) at the workplace; • The dangerous substance could be a risk to the safety of people as a result of fires, explosions or similar energetic events. Where does DSEAR apply? DSEAR applies to workplaces where dangerous substances are present, used, or produced. Workplaces are any premises or parts of premises used for work. (Examples: places such as industrial and commercial premises, land-based and offshore installations, mines and quarries, construction sites, vehicles and vessels, (etc), as houses and other domestic premises, if people are at work there. Explosion protection document? The DSEAR regulations don’t required an explosion protection document. Turkey, 26 May 2014 Vanda Caramelo

  22. Directive 99/92/EC United KingdomExample • More informationabout DSEAR: • http://www.hse.gov.uk/fireandexplosion/dsear.htm • Quickguide to DSEAR; DSEAR in detail; Publications; ATEX and DSEAR frequentlyaskedquestions; • Approved Code of Practice (ACOP) for the Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR) (publish • the revised ACOP in December 2013) • “This Code has been approved by the Health and Safety Executive, with the consent of the Secretary of State. It gives practical advice on how to comply with the law. If you follow the advice you will be doing enough to comply with the law in respect of those specific matters on which the Code gives advice. You may use alternative methods to those set out in the Code in order to comply with the law. • However, the Code has a special legal status. If you are prosecuted for breach of • health and safety law, and it is proved that you did not follow the relevant provisions of the Code, you will need to show that you have complied with the law in some other way or a Court will find you at fault.” Turkey, 26 May 2014 Vanda Caramelo

  23. Thankyouforyourkindattention! Vanda Caramelo Diretor ofDepartment Working Conditions Authority Ministry of Labour and Social Solidarity Portugal Vanda.caramelo@act.gov.pt Turkey, 26 May 2014 Vanda Caramelo

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