DSEAR compliance FAQs

The Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR) are UK health and safety regulations that require employers and the self-employed to protect people from the risks of fire, explosion and similar dangerous events arising from dangerous substances in the workplace.

These regulations apply wherever dangerous substances are used, stored, handled, manufactured or generated by work activities.

The Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR) apply to workplaces where dangerous substances could create a risk of fire, explosion or similar dangerous events. This includes activities involving the use, storage, handling, manufacture or disposal of dangerous substances, as well as dangerous substances generated by work processes, such as wood dust, flour dust or hydrogen released during battery charging.

Under the Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR), a dangerous substance is any substance or preparation that could, because of its properties or the way it is used, create a risk of fire, explosion or similar energetic event.

Dangerous substances include flammable liquids, flammable gases, combustible dusts, oxidising substances and certain reactive chemicals. They may be brought into the workplace, such as petrol or solvents, or generated during work activities, such as wood dust, flour dust or hydrogen released during battery charging.

Whether a substance is considered dangerous under DSEAR depends on both its hazardous properties and the circumstances in which it is used, stored, handled or processed.

An explosive atmosphere is a mixture of air and flammable gases, vapours, mists or combustible dusts that can ignite if an ignition source, such as a spark, flame or hot surface, is present.

Under the Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR), employers must identify where explosive atmospheres could occur, assess the risks, classify hazardous areas into zones where appropriate, and implement measures to prevent ignition and reduce the risk of fire or explosion.

The Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR) place duties on employers and the self-employed to protect people from the risks of fire and explosion arising from dangerous substances. Duties include:

• Carry out a suitable and sufficient DSEAR risk assessment (Regulation 5).
• Eliminate or reduce risks from dangerous substances so far as is reasonably practicable (Regulation 6).
• Classify hazardous areas where explosive atmospheres may occur and ensure suitable equipment is used (Regulation 7).
• Put arrangements in place to deal with accidents, incidents and emergencies (Regulation 8).
• Provide employees with appropriate information, instruction and training about the risks and control measures (Regulation 9).
• Coordinate safety measures where two or more employers share a workplace (Regulation 11).

These duties help organisations prevent fires and explosions, minimise the consequences if an incident occurs, and demonstrate compliance with DSEAR.

A DSEAR assessment is required whenever dangerous substances are present, or could be present, in the workplace and there is a risk of fire or explosion. The Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR), Regulation 5 requires employers to carry out a suitable and sufficient assessment of the risks arising from dangerous substances before work begins.

The employer or self-employed person is legally responsible for ensuring a suitable and sufficient DSEAR risk assessment is carried out under the Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR).

While the assessment may be completed by a competent employee or an external specialist, legal responsibility for complying with DSEAR and implementing appropriate control measures remains with the employer.

Yes, you can carry out your own DSEAR assessment if you have the necessary knowledge, skills and experience to identify fire and explosion hazards, assess the risks and recommend suitable control measures. However, many organisations choose to use a competent specialist, particularly where processes are complex, hazardous areas require zoning, or dangerous substances present significant fire or explosion risks.

Regardless of who carries out the assessment, the employer remains legally responsible for ensuring the DSEAR risk assessment is suitable and sufficient and that appropriate control measures are implemented.

There is not a legally prescribed DSEAR assessment qualification. The Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR) require employers to ensure that risk assessments are carried out by a competent person with the appropriate knowledge, skills, training and experience.

Competence can be gained through relevant training, qualifications and practical experience of assessing fire and explosion risks arising from dangerous substances.

A DSEAR report is the written record of a DSEAR risk assessment. It documents the fire and explosion risks arising from dangerous substances in the workplace and the measures needed to eliminate or control those risks in accordance with the Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR).

There is no fixed expiry date for a DSEAR risk assessment.

Under Regulation 5 of the Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR), employers must review and revise the assessment if it is no longer valid or if there has been a significant change, such as new dangerous substances, changes to work processes, equipment or the workplace, or following a fire, explosion or near miss. Regular reviews also help ensure the assessment remains suitable and sufficient.

DSEAR defines six hazardous area zones based on how often an explosive atmosphere is likely to occur. These are divided into three gas, vapour and mist zones (Zone 0, Zone 1 and Zone 2) and three combustible dust zones (Zone 20, Zone 21 and Zone 22). Hazardous places are classified according to the frequency and duration of an explosive atmosphere.

No. ATEX and DSEAR are closely related, but they are not the same.

DSEAR is UK legislation that requires employers to assess and control the risks of fire and explosion from dangerous substances in the workplace. ATEX refers to legislation governing equipment and protective systems intended for use in potentially explosive atmospheres, ensuring they are designed and certified to minimise the risk of ignition.

COSHH and DSEAR both require employers to assess and control risks from hazardous substances, but they focus on different types of harm.

COSHH (the Control of Substances Hazardous to Health Regulations 2002) protects people from ill health caused by exposure to hazardous substances, such as chemicals, fumes, dusts and biological agents.

DSEAR (the Dangerous Substances and Explosive Atmospheres Regulations 2002) protects people from the risks of fire and explosion caused by dangerous substances.

Some substances, such as solvents, flammable gases and combustible dusts, are covered by both sets of Regulations. Employers may need a COSHH assessment to manage health risks and a DSEAR risk assessment to control fire and explosion risks.

The Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR) are enforced by the Health and Safety Executive (HSE) or, in some workplaces, the local authority. Inspectors can investigate complaints, carry out inspections and take enforcement action where organisations fail to comply with the Regulations.

Enforcement action may include improvement notices, prohibition notices where there is a risk of serious personal injury, and prosecution. Courts can impose unlimited fines and, in the most serious cases, individuals may face imprisonment.

Yes. DSEAR applies to mines where dangerous substances could create a risk of fire or explosion. Mine operators must comply with the Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR) alongside the Mines Regulations 2014, which set out additional health and safety requirements specific to mining operations.