Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
Grant1962  
#1 Posted : 18 February 2011 15:10:36(UTC)
Rank: Forum user
Grant1962

To all of you guys out there, I have query regarding the Implementation of the DSEAR 2002 regulations on Petrol retail sites, specifically the warning signs to warn of explosive atmospheres (yellow triangle with "EX" inserted).

regulations; specifically regulation 7 and schedule 2 & 4, also as stated in Local Authority Circular (LAC) Number: 27/16 dated June 2009.

I am wondering as to why petrol retail sites do not or are not enforced to comply with this regulation; they do have specific hazardous areas (Zones 0, 1 & 2 ) as stipulated by schedule 2 of the DSEAR 2002 regulations.

The HSE stated that this regulation is enforced by the environmental health divisions of the local authorities but have added that the petrol filling station forecourt is inherently not a workplace and that the knowledge that would be had by All persons upon entering that area is that it by nature is a dangerous place, therefore it is not required to be signed".

The local petroleum officers and trading standards have intimated the same by stating that they have a local agreement in place? Some have even said that the public do not need to know about the Hazardous areas!!!!!!!!

There is also the issue of the hazardous area diagram being displayed on site - DSEAR regulation 7 reference places where explosive atmospheres occur, the L138 ACOP regulation 7 item 232 references the drawing and the need to keep/display it on site - most of the time locked away in the managers office!


If this is so, my arguement is
1. It is a work place, not only for till staff but for maintenance engineers.
2. One should never assume that people operating on the sites know of the hazardous areas and the implications of conducting certain operations.
3. Regulations under the HSAWA are generally there to protect the workers, not just the public.

Your thoughts please?


bob youel  
#2 Posted : 18 February 2011 15:22:45(UTC)
Rank: Super forum user
bob youel

G
Great posting and I agree with your base arguement but U will not change the system and what is reasonably practicable needs to be applied noting that DSEAR was not really designed for such places and if U post any sort of signage in a public place people will neither care about, know about nor take notice of the signs and similar situations apply in many many areas not just petrol stations so this is a case of the 'real world'
ahoskins  
#3 Posted : 18 February 2011 15:33:55(UTC)
Rank: Super forum user
ahoskins

There's an interesting film on the HSE website at:

http://links.govdelivery...segen&cr=9/14-feb-11

They don't seem to know about DSEAR either...
townshend1012  
#4 Posted : 18 February 2011 15:38:11(UTC)
Rank: Forum user
townshend1012

Hands up everyone who switches off their mobile when filling up with petrol? The sign says you must.
Grant1962  
#5 Posted : 18 February 2011 16:40:09(UTC)
Rank: Forum user
Grant1962

Thanks for your replies, much appreciated. Bob,
I have attempted to implement change to the regs! If industry is flouting the regulations and creating there own independent versions up and down the country then the regulations need to be amended to reflect this. Each petroleum office seems to have their own viewpoints but they're all different!


I contacted the HSE who swiftly sideswiped me to the Local authorities, the Trading standards people then referred me to the Ombudman, who then stated that I must state a complaint to each individual counties ombudsman - Red Tape Red tape and no ownership.

Irrigardlous of whether people actually read the signs, it is currently laid down that the signs should be in place - end of. If certain orgainsations do not comply then this has to be addressed other wise everyone will naively think they can change or interpret the statutes?
jay  
#6 Posted : 18 February 2011 16:57:12(UTC)
Rank: Super forum user
jay

Refer to:-
Local Authority Circular 65/59a (rev1), "Petrol Filling Stations - Dispensing control measures" especially paras 9, 10 & 11


http://www.hse.gov.uk/lau/lacs/65-59-a.htm

http://www.hse.gov.uk/LAU/LACS/65-58.htm

Also consider that if there area is to be marked, i.e. the zone, it will require our vehicles to the Atex compliant!

The risk from sparking via mobile phones is very low (not zero), the risk from static form ones clothes etc is much higher
B.Bruce  
#7 Posted : 18 February 2011 17:17:21(UTC)
Rank: Forum user
B.Bruce

Agree with Jay here, if forecourts were zoned under DSEAR Area Classificiation our vehicles diesel powered vehicles would need spark arrestors, etc.

However, to add more fuel to the fire (so to speak) - I remember when working for a waste management company we had to fit safety devices such as spark arrestors to our artic-vacuum tankers in order to meet the safety requirements to work in a petro-chem refinery in central scotland. The risks were obviously greater than those on a forecourt though - some tanker work in localised areas of the site was high risk areas where fuel and other process vapour was or could be present at explosive levels.
Grant1962  
#8 Posted : 19 February 2011 14:15:01(UTC)
Rank: Forum user
Grant1962

Thanks for the comments Guys - all point taken in. I think that there are many anomolies regarding operations in the hazardous areas on petrol retail sites.

A maintenance engineer - whethter he be a pipe fitter, ground worker or electrician is not allowed to use petrol driven plant and equipment, electrical tools have t be ATEX certified.

Most vehicle visiteing the sites are petrol driven but you are required to switch off engine prior to filling up.

One particular oil company has only just implemented a permit to work system so things are not enforced to the letter as it is. The largest near miss causation factor ifentified on forecourts is the public, engineers cannot temporaly shut the site down as oil companies won't allow it.

With all that said, I think that additional guidance should be offered to explain where the regulations do not apply and that health and safety enforcement should be bolstered and not left to trading standards and fire services.

Once again, thanks for your comments, I was not aware of one of the documents referenced by Jay. We all continue to learn and see things from different perspectives; thats what I enjoy about these forums
Users browsing this topic
Guest
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.