Do you need one?

Do I need a DSEAR assessment?

If a dangerous substance is present in your workplace, the duty to assess the risk exists. There is no minimum quantity, and being self-employed does not take you out of it.

Assessed by Andrew Rogers CertIOSH, MIFSM, SIRM · Vulcan Risk ManagementNVQ Level 6 Occupational Health & SafetyNEBOSH National General CertificateNEBOSH Certificate in Fire SafetyLevel 3 DSEAR qualification

The two things people get wrong

"It is only good practice." It is not. DSEAR is law: the risks from dangerous substances at work have to be assessed and properly controlled, and that is not guidance or best practice.

"We hardly keep any of it." There is no threshold quantity anywhere in the Regulations. They apply wherever a dangerous substance is present or liable to be present. A small quantity changes what the assessment concludes, not whether you need one.

Does every DSEAR assessment end in zoning?

DSEAR requires risks from dangerous substances at work to be assessed and appropriately controlled. There is no general minimum-quantity exemption, but the measures required must be proportionate to the actual risks. A DSEAR risk assessment does not automatically require hazardous-area zoning. Regulation 7 requires areas to be classified where explosive atmospheres may occur in quantities requiring special precautions to protect workers. The decision should consider the substances and their properties, inventories, potential release sources, likelihood and duration of releases, ventilation, and effective controls. Where a documented assessment establishes that explosive atmospheres are not expected in quantities requiring special precautions, hazardous-area classification may be unnecessary. Other DSEAR duties can still apply.

What counts as a dangerous substance

01

Flammable liquids

Petrol, solvents, thinners, paints, alcohol, adhesives, some cleaning products. Brake cleaner in an inspection pit put a vehicle workshop in front of a magistrate.

02

Flammable gases

LPG, acetylene, hydrogen from battery charging, biogas and natural gas.

03

Combustible dusts

Wood, flour, grain, sugar, metal and plastic dusts. The HSE lists maize, barley, wheat, oats, rye, soya and sorghum among the explosible ones.

04

Substances corrosive to metals

Added to the scope in 2015 and routinely forgotten. Strong acids and alkalis in bulk are caught.

05

Anything that can create an explosive atmosphere

The test is the effect, not the label. A substance that would not worry you in a bottle can behave very differently as a mist or a suspended dust.

Who this catches in Pembrokeshire

The HSE says of motor vehicle repair premises that the hazardous area classification is not simple, and lists spray booths, body preparation areas, inspection pits and paint stores among the places normally considered hazardous. That is an unusually direct admission from a regulator, and it is the honest answer to "can I not just do this myself".

Common questions

Is a DSEAR assessment actually a legal requirement?

Yes. Where dangerous substances are present at work, DSEAR requires the risks to be assessed and appropriately controlled. It is law, not guidance or best practice. What it does not require is zoning in every case: regulation 7 requires areas to be classified where explosive atmospheres may occur in quantities requiring special precautions, and the assessment decides whether that applies to your site.

We only keep a small quantity. Does it still apply?

Yes. There is no general minimum-quantity exemption: the HSE says the Regulations apply wherever a dangerous substance is present, or is liable to be present, in a workplace. Quantity changes what the assessment concludes. The measures have to be proportionate to the actual risk, and where a documented assessment shows an explosive atmosphere is not expected in quantities requiring special precautions, hazardous-area zoning may be unnecessary.

I am self-employed with no staff. Am I out of scope?

No. Regulation 4(2) applies DSEAR to a self-employed person as if they were both employer and employee. The duty follows the dangerous substance, not the payroll.

Do I have to write it down?

Here we will be straight with you, because a lot of sites are not. The recording duty in regulation 5(4) bites where you have five or more employees. Below that you still have to carry out the assessment, and classify any places where explosive atmospheres may occur in quantities requiring special precautions, but there is no statutory duty to record it. In practice almost everyone records it anyway, because an assessment you cannot produce is very hard to rely on when someone asks.

How often does it need reviewing?

There is no legal interval, whatever anyone tells you. Regulation 5(3) requires review when the assessment is no longer valid or there has been a significant change. The industry convention is three to five years, and that is a reasonable working rhythm, but it is convention and not law.

Is this the same as my fire risk assessment?

No, and one does not cover the other. A fire risk assessment deals with fire and means of escape under the Fire Safety Order. DSEAR deals with fire, explosion and corrosive substances arising from dangerous substances, and it is the only one that can require hazardous-area zoning. Many sites need both, and the two documents should agree with each other.

Related

What a DSEAR assessment is

The duty, the deliverable, and what a good one contains.

DSEAR or fire risk assessment?

Two different regimes, two different documents, and where they overlap.

What it costs

How a DSEAR assessment is priced and what changes the number.

Tell us what you store and we'll tell you where you stand

No charge for the conversation. Most quotes go out the same day.

Page last reviewed and updated: . Assessments by Andrew Rogers, Vulcan Risk Management Ltd.