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Posted By Robert K Lewis
The press releases indicate that these regs are in force as of today and I have heard that they will be effectively not enforced for a period of time because no guidance has been prepared!! This is clearly because the matter is so important that the drafters cannot possibly allow the two to run in tandem!!
Can anyone enlighten me as to the current status and comment on the lack of guidance
Bob
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Posted By Julie King
Hi Bob
According to HSE Press Release C052:02 - 20 November 2002 DSEAR was laid before Parliament on 15 November 2002. The same press release also says that the regulations WILL be supported by interpretative guidance and a leaflet INDG370 has been produced for small and medium sized businesses - you can download this from the HSE's website.
Hope this helps.
Julie
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Posted By Paul Leadbetter
Julie
Evidently, you have not tried to download INDG370 from the HSE site as it is not yet available or, at least, searching their site does not find it.
Paul
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Posted By Ashley Williams
Been slightly sarcastic, do we really expect them to finally get around to taking the DSE regs seriously? As ive stated before I know inspectors in LA and HSE who think they are a joke.
Ashley
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Posted By Geoff Burt
Mmmm - an explosive combination!
Geoff
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Posted By Robert K Lewis
I actually heard it from a friend who is an HSE inspector that the guidance will not be out for some months - so in the meantime it is business as usual. I also suspect that the oil storage regs will be partially enforced by the HSE as well as the Env Agency as they will have relevance to the issue of risk assessment. The text is on HMSO.gov.uk si 2002 No 2776 but it does seem that while they are in force that they will not be enforced!
Bob
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Posted By Paul Leadbetter
Following my earlier comments, the HSE guidance is now available on their website.
Paul
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Posted By Jim Walker
Paul,
Where is it?
I can't find it at HSE site nor HSE books.
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Posted By Robert K Lewis
Jim
I found the best place to be, in fact the only one I can locate, is the hmso site
hmso.gov.uk
Click on statutory instruments, then select 2002 and the number is 2776
Bob
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Posted By Paul Leadbetter
Jim et al
Follow the link to Fire and Explosion from the HSE home page hse.gov.uk.
Paul
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Posted By Jack
Is the person who said this (about DSEAR):
"Been slightly sarcastic, do we really expect them to finally get around to taking the DSE regs seriously? As ive stated before I know inspectors in LA and HSE who think they are a joke".
the one that frequently goes on about Members (& RSPs) not being competent?
Jack
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Posted By Geoff Burt
Jack
I was being more subtle in my earlier posting!
Geoff
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Posted By Jack
Too subtle for me Geoff. I've always been a bit slow on the uptake.
Jack
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Posted By Geoff Burt
Jack
Sometimes too subtle for my own good!
Whatever the arguments for the gently pursuasive approach - with some people a sledgehammer is the only way to get the message across.
I liked your comment - sharp and to the point.
Geoff
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Posted By Jay Joshi In addition to the regulations on the HMSO website,there is updated information on the HSE website:- http://www.hse.gov.uk/spd/noframes/dsear.htmIt is my understanding that the guidance has been delayed to ensure that it is appropriate and takes into consideration the views from the consulatation exercise. The regultions had to be implemented--there is usually a 3 year period after the directive is adopted at European level. DSEAR implements the safety aspects of the Chemical Agents directive (CAD)and user aspects of ATEX directive. If the regulations are not implemented within the timescales, there is a risk of infraction proceedings from the European Commission. Considering the amount of effort HSE has put into this project, it is not fair to criticise them without full knowledge.After all, DSEAR is meant to replace a whole lot of prescriptive legislation. In my opinion, HSE has done a good job despite limited resources. When the guidance is published next year, it will be evident how useful it is. The HSE press release for this mentions that those who complied fully with the repealed regulations need not do much more.
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Posted By Sean Fraser
As an update to the debate on DSEAR, my company has recently received a letter from our LA (Aberdeen City Council) that states we no longer require a Petroleum Licence, the onus now being that employers take adequate cognizance of such matters in their risk assessments - assuming they haven't already done that of course!
Upshot is that it saves companies money by not having to apply and then maintain a licence. Downside is that the loss of an enforcement tool will remove the incentive for less responsible employers to apply best practice and to now act in any manner they wish without due deference to the legal requirements. As a safety professional I would obviously hope that such employers would be few and far between - let's hope that practice meets expectation!
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Posted By Stuart Nagle
Robert.
I have forwarded you a copy of HSG370. Who says you can't get it !!!!!!
Stuart
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Posted By Robert K Lewis
I presume you mean INDG 370 as the acop is not yet published
Bob
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Posted By Carolyn Welch IOSH run a DSEAR course as part of their CPD course programme. They are held at the Grange in Leicester and one is due to take place on 19 March 2003. A few places are left but consideration is being given to another date if demand warrants it. If you don't have a Professional Development Training Programme, view one in the Professional Development section of this site or contact zoe.whitehead@iosh.co.uk who will be happy to send one to you. Carolyn Welch Professional Development Manager
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Posted By Stuart Nagle
Complaince with ATEX directive - the EU directive that DSEAR has arisen from....
For all new intrinsically safe equipment (this excludes items in stored or on the market at present that are available for sale)
introduction date is 7th July 2003. So after this date, unless it was on your store shelf or supplied 'as available' from the manufacturer ATEX will apply.
For all other equipment currently in use, then the compliance date is 7th July 2006.
This means intrinsically safe equipment fittet and in use. The ATEX directives can be found on the EU directives www site.
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Posted By Robert K Lewis
Strictly speaking it arose from 2 directives - the other being the CAD.
This was not the point I was making however - I was wondering about the enforcement strategy to be applied by the HSE when the acop is some months away, this being in the light of rumours that it may be quietly put aside for the moment
Bob
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