IE
S.I. No. 445/2012 - Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2012.
Table of Provisions (42)
Statutory Text (42 Articles)
1. The name and address of the employer, user or owner for whom the examination was made.
2. The address of the premises at which the examination was made.
3. Particulars sufficient to identify the pressure vessel including, where known, its date of manufacture.
4. Date of this examination and date of the last examination, if known.
5. The safe operating limits of the pressure vessel and any associated protective devices, indicating if the immediate cessation of the use of the pressure vessel, or part thereof, is advised.
6. The purpose of the examination including examination—
(
a
) after installation or assembly at a new site or new location,
(
b
) after repairs or modifications, or
(
c
) which is periodic, and where applicable, hot or cold.
7. In relation to every examination of pressure vessels and any associated protective devices and pressure accessories—
(
a
) identification of any part found to have a defect which is or could become a danger to persons and a description of the defect,
(
b
) particulars of any repair, renewal or modification required to remedy a defect found to be a danger to persons and the period within which the necessary remedial action is to be completed,
(
c
) in the case of a defect which is not yet but could become a danger to persons—
(i) particulars of any repair, renewal or modification required to remedy it, and
(ii) the period within which the required repair, renewal or modification should be completed,
(
d
) the latest date by which the next examination shall be carried out (and if the interval to the next examination is lesser or greater than the interval specified in column 2 of Part B a written justification shall be provided),
(
e
) where the examination included testing, particulars of any test,
(
f
) identification of parts not accessible for examination, and
(
g
) particulars of any further examination or test necessary to establish whether a pressure vessel is safe to use.
8. The name, address and qualifications of the individual making the report and, where appropriate, the name and address of the individual’s employer.”.
GIVEN under my Official Seal,
12 November 2012.
RICHARD BRUTON,
Minister for Jobs, Enterprise and Innovation.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the Safety, Health and Welfare at Work (General Application) Regulations 2007 (
S.I. No. 299 of 2007
) as previously amended by the Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2007 (
S.I. No. 732 of 2007
) and the Safety, Health and Welfare at Work (General Application)(Amendment) Regulations 2010 (
S.I. No. 176 of 2010
) by inserting a new Part 10 and Schedule 12 to the Regulations relating to Pressure Systems.
The new Part 10 and Schedule 12 set out the requirements for the design, construction, safe operation, examination and testing of pressure equipment. They also provide for the maintaining of records of tests and examinations of such equipment. These provisions apply to all workplaces, in all industry sectors, that utilise pressure systems as part of their operations.
These Regulations revoke and replace 7 individual sets of Regulations-
(
a
) Factories (Preparation of Steam Boilers for Examination) Regulations 1956 (
S.I. No. 174 of 1956
),
(
b
) Factories (Report of Examination of Steam Boiler) Regulations 1956 (
S.I. No. 183 of 1956
),
(
c
) Factories (Report of Examination of Steam Receivers) Regulations 1956 (
S.I. No. 184 of 1956
),
(
d
) Factories (Report of Examination of Air Receivers) Regulations 1956 (
S.I. No. 185 of 1956
),
(
e
) Factories (Report of Examination of Air Receivers) (Amendment) Regulations 1978 (
S.I. No. 357 of 1978
),
(
f
) Factories (Report of Examination of Steam Receivers) (Amendment) Regulations 1978 (
S.I. No. 358 of 1978
), and
(
g
) Factories (Report of Examination of Steam Boiler) (Amendment) Regulations 1978 (
S.I. No. 359 of 1978
).
These Regulations shall come into operation from 1st January 2013.
9. a pressure system which forms part of the equipment of ships, rockets, aircraft, hovercraft or hydrofoil, and mobile off-shore units, as well as equipment specifically intended for installation on board or the propulsion thereof;
10. a pressure system which forms part of, or is intended to form part of, a weapons system;
11. (
a
) pressure systems and equipment intended for the functioning of a wheeled, tracked or rail mounted vehicle, such as equipment forming part of any braking, control or suspension system;
(
b
) pressure equipment associated with gas propulsion or other operating systems on motor vehicles or trailers;
12. pressure equipment consisting of a flexible casing, e.g. tyres, air cushions, inflatable craft and other similar pressure equipment;
13. exhaust and inlet silencers;
14. radiators and pipes used for space heating;
15. any water cooling system on an internal combustion engine or on a compressor;
16. equipment to which Regulation 56 of the Safety, Health and Welfare at Work (Quarries) Regulations 2008 (
S.I. No. 28 of 2008
) applies;
17. equipment to which Regulations 83 to 85 of the Mines (General) Regulations 1975 (
S.I. No. 331 of 1975
) apply;
18. a working chamber, manlock or an airlock within which persons work in compressed air, being work to which Part 7, Compressed Air, of the Safety, Health and Welfare at Work (Construction) Regulations 2006 (
S.I. No. 504 of 2006
) applies;
19. pressure equipment to which the following apply
(
a
) European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2011 (
S.I. No. 349 of 2011
);
(
b
) European Communities (Transport of Dangerous Goods by Rail) Regulations 2010 (
S.I. No. 651 of 2010
);
(
c
) Merchant Shipping (Dangerous Goods) Rules 1992 (
S.I. No. 391 of 1992
);
(
d
) Aeronautical Notice described as Aeronautical Notice NR 0.1, Issue 18, Date 01.02.2010 and issued by the Irish Aviation Authority;
(
e
) any statute or instrument made under a power conferred by statute or an aeronautical notice described as such and issued by the Irish Aviation Authority made for the purpose of giving effect to—
(i) a provision of the Treaties governing the European Communities or an act adopted by the European Communities, or
(ii) an international agreement to which the State is a party,
in relation to the carriage of dangerous goods by road, rail, inland waterway, sea or air or for that purpose amending the instruments or aeronautical notice referred to in subparagraph (
a
), (
b
), (
c
) or (
d
);
20. pressure equipment to which the Dangerous Substances (Storage of Liquefied Petroleum Gas) Regulations 1990 (
S.I. No. 201 of 1990
) apply;
21. pressure equipment to which Regulation 9 of the Safety, Health and Welfare (Offshore Installations) (Operations) Regulations 1991 (
S.I. No. 16 of 1991
) apply;
22. vapour compression refrigeration system incorporating compressor drive motors, including standby compressor motors, having a total installed power not exceeding 25 kW;
23. a mobile system of the type known as a slurry tanker, and containing or intended to contain agricultural slurry, and used in agriculture;
24. a portable fire extinguisher with a working pressure below 25 bar at 60°C and having a total mass not exceeding 23 kilogrammes;
25. any part of a tool or appliance designed to be held in the hand which is a pressure vessel;
26. vessels designed to contain liquids with a gas pressure above the liquid of not more than 0.5 bar;
27. any pressure system containing a relevant fluid (other than steam) if the product of the pressure in bar and internal volume in litres of its pressure vessels is in each case less than 250 bar litres;
28. pressure equipment used for diving operations;
29. self contained breathing apparatus sets.
Part B
PERIOD OF EXAMINATION OF PRESSURE VESSELS*
Column 1
Column 2
Description of pressure equipment
Period within which an examination must occur
Category 1
Steam and hot water boilers such as shell boilers (fired or unfired, horizontal or vertical), watertube boilers, cast iron sectional boilers.Superheaters and economisers connected to boilers in this category and steam tube ovens or hotplates.Self generating autoclaves and self generating jacketed pans.Coil steam generators.
14 months
Category 2
Steam receivers, air receivers, autoclaves, jacketed pans and steam accumulators. All other pressure vessels not listed in Category 1.
26 months
*Note: The period for any particular piece of equipment maybe subject to change pursuant to the application of Regulation 191(3)
Part C
MARKING OF PRESSURE VESSELS
A non-exhaustive list of information referred to in Regulation 186(
a
)(v) is as follows—
183. (1) In this Part—
‘danger’ in relation to a pressure system means reasonably foreseeable danger to persons from system failure;
‘examination’ means a careful and critical scrutiny of a pressure system or part of a pressure system, in or out of service as appropriate, using suitable techniques, including testing where appropriate, to assess—
(
a
) its actual condition, and
(
b
) whether, for the period up to the next examination, it is safe to operate when properly used if normal maintenance is carried out;
‘fluid’ means gases, liquids and vapours in pure phase as well as mixtures thereof and fluid may contain a suspension of solids;
‘maximum allowable pressure’ or ‘minimum allowable pressure’ means the maximum pressure and minimum pressure, as the case may be, for which the equipment, or part thereof, is designed, as specified by the manufacturer;
‘maximum allowable temperature’ or ‘minimum allowable temperature’ means the maximum or minimum temperature, as the case may be, for which the equipment is designed, as specified by the manufacturer;
‘pipeline’ means a pipe or system of pipes used for the conveyance of relevant fluid across the boundaries of premises, together with any apparatus for inducing or facilitating the flow of relevant fluid through, or through a part of, the pipe or system, and any valves, valve chambers, pumps, compressors and similar works which are annexed to, or incorporated in the course of, the pipe or system;
‘piping’ means piping components intended for the transport of fluids, when connected together for integration into a pressure system and includes in particular a pipe or system of pipes, tubing, fittings, expansion joints, hoses, bellows or other pressure-bearing components as appropriate, and heat exchangers consisting of pipes for the purpose of cooling or heating air shall be considered as piping;
‘pressure’ means pressure relative to atmospheric pressure, i.e. gauge pressure, and, as a consequence, vacuum is designated by a negative value;
‘pressure accessories’ means devices with an operational function and having pressure-bearing housings;
‘pressure equipment’ means vessels, piping, protective devices and pressure accessories used with a relevant fluid and where applicable, pressure equipment includes attachments relevant to the integrity of the equipment;
‘pressure system’ means a system comprising one or more pressure vessels of rigid construction, any associated piping and protective devices and pressure accessories which contains or is liable to contain a relevant fluid;
‘protective devices’ means devices designed to protect the pressure equipment against the safe operating limits being exceeded, including
(
a
) devices for direct pressure limitation, such as safety valves, bursting disc safety devices, buckling rods, controlled safety pressure relief systems,
(
b
) limiting devices, which either activate the means for correction or provide for shutdown or shutdown and lockout, such as pressure switches, temperature switches or fluid level switches and safety related measurement control and regulation devices, and
(
c
) devices designed to give warning that the safe operating limits are being exceeded;
‘relevant fluid’ means—
(
a
) steam,
(
b
) any gas which is at a pressure greater than 0.5 bar above atmospheric pressure (1013 mbar),
(
c
) a liquid which would have a vapour pressure greater than 0.5 bar above atmospheric pressure (1013 mbar) when in equilibrium with its vapour at either the actual temperature of the liquid or 17.5 degrees Celsius;
‘safe operating limits’ means the operating limits (incorporating a suitable margin of safety) beyond which system failure is liable to occur;
‘system failure’ means the unintentional release of stored energy from a pressure system;
‘user’ in relation to a pressure system, means the employer or self-employed person who has control of the operation of the pressure system and includes, in the case of a lease of the pressure system, the lessee;
‘vessel’ means a housing designed and built to contain relevant fluids including its direct attachments up to the coupling point connecting it to other equipment, and a vessel may be composed of more than one chamber.
Application of Part 10.
184. This Part applies to the use, examination and testing of pressure equipment or pressure systems (other than pressure systems referred to in Part A of Schedule 12) which are used or intended to be used at work.
Revocations, saver and transitional matters.
185. (1) The following are revoked
(
a
) Factories (Preparation of Steam Boiler for Examination) Regulations 1956 (
S.I. No. 174 of 1956
),
(
b
) Factories (Report of Examination of Steam Boiler) Regulations 1956 (
S.I. No. 183 of 1956
),
(
c
) Factories (Report of Examination of Steam Receivers) Regulations 1956 (
S.I. No. 184 of 1956
),
(
d
) Factories (Report of Examination of Air Receivers) Regulations 1956 (
S.I. No. 185 of 1956
),
(
e
) Factories (Report of Examination of Air Receivers) (Amendment) Regulations 1978 (
S.I. No. 357 of 1978
),
(
f
) Factories (Report of Examination of Steam Receivers) (Amendment) Regulations 1978 (
S.I. No. 358 of 1978
), and
(
g
) Factories (Report of Examination of Steam Boiler) (Amendment) Regulations 1978 (
S.I. No. 359 of 1978
).
(2) Where an examination has been carried out, or commenced, under and in compliance with an applicable statutory provision prior to the coming into operation of this Part, the examination shall be regarded as being in compliance with this Part and Regulation 191 (other than paragraph (1) thereof) shall not apply until after the expiry of the period relating to that examination, as appropriate, specified under the applicable statutory provision.
(3) An employer who is a user or owner of a pressure vessel shall ensure that an examination is carried out under this Part not later than 3 months after the coming into operation of this Part where such an examination was required and was due be to be carried out under an applicable statutory provision but was not carried out before the coming into operation of this Part.
Design, construction and safe operating limits of a pressure system, or parts thereof.
186. An employer shall ensure that in respect of a pressure system or parts thereof—
(
a
) without prejudice to the generality of Regulation 28
(i) it is of good construction, sound material, adequate strength, suitable quality and free from patent defect;
(ii) it is properly installed and used;
(iii) it is properly maintained;
(iv) the safe operating limits of pressure equipment or the pressure system have been established, and adequate information on said limits is available;
(v) each vessel is marked with the information specified in Part C of Schedule 12, where known;
(vi) each vessel is uniquely marked in a plainly visible and durable form to enable it to be readily identifiable;
(vii) in the case of a steam boiler, the safe operating limit shall be clearly displayed,
(
b
) it is not operated or allowed to be operated beyond its safe operating limits except for testing purposes as specified by, and under the direction of, a competent person,
(
c
) it is provided with adequate and appropriate protective devices, and any such device designed to release contents shall do so safely.
Installation of pressure equipment or a pressure system.
187. A person who installs pressure equipment or a pressure system at a place of work shall ensure that it is installed so that it may be used safely, without risk to health or impairing the operation of any protective device or inspection facility.
Marking.
188. (1) No person shall remove from pressure equipment any mark, plate or label containing any of the information required under Regulation 186 (
a
)(v).
(2) No person shall falsify any mark on pressure equipment or on a plate or label attached to it, relating to its design, construction, test or operation.
Information and instruction.
189. (1) Without prejudice to the generality of Regulation 29, an employer shall ensure that in respect of pressure equipment or a pressure system—
(
a
) the necessary measures are taken so that employees have at their disposal adequate information and, where appropriate, written instructions concerning—
(i) conditions of use,
(ii) safe operation,
(iii) foreseeable abnormal situations,
(iv) action to be taken in the event of an emergency, and
(v) conclusions to be drawn from experience in using such equipment, where appropriate,
and
(
b
) employees are made aware, whether or not they use the equipment, of safety and health risks relevant to them associated with pressure systems located at or near their workstation.
(2) An employer shall ensure that pressure equipment or a pressure system is not operated except in accordance with information or instructions provided under paragraph (1) (
a
) and (
b
).
(3) An employer of a person, or a self-employed person, who modifies or repairs pressure equipment or a pressure system shall provide sufficient written information concerning the modification or repair to the user of the system, as may reasonably be needed, to enable the provisions of this Part to be complied with and such information shall be provided to that user as soon as is practicable after the modification or repair and before the pressure system is put back into operation.
Maintenance of pressure systems.
190. An employer who is a user or owner of a pressure system shall ensure that—
(
a
) so far as is reasonably practicable, in regard to maintenance operations where there is a hazard from pressure, that they are carried out when the pressure system is depressurised and, where this is not practicable, appropriate protection measures are taken for the carrying out of such operations,
(
b
) where appropriate, a maintenance file for any pressure system is maintained and kept up to date, and
(
c
) where the need for repairs which are significant in relation to the system being able to safely withstand pressure becomes apparent, a competent person is consulted on the particulars of those repairs.
Examination of pressure equipment or a pressure system.
191. (1) Without prejudice to Regulation 30 an employer shall ensure when pressure equipment or a pressure system is installed for the first time at a location that—
(
a
) in the case of new fixed pressure equipment or a pressure system—
(i) it is inspected by a competent person and, where appropriate, safety devices are tested, prior to first commission, and
(ii) in the case of pressure vessels, a certificate of commissioning and where appropriate test, by the competent person specifying the safe operating limits has been obtained,
(
b
) in the case of previously used fixed pressure equipment or a pressure system being installed at a new location, it is inspected and any vessel is examined in accordance with paragraph (3),
(
c
) in the case of a portable or transportable vessel, it has been examined in accordance with paragraph (3) unless it can be shown that the equipment has been in service from new for a period shorter than that to the first periodic examination as determined under paragraph (3).
(2) The period (other than where the period is determined in accordance with paragraph (2) or (3) of Regulation 185) within which the first of the examinations referred to in paragraph (3) shall be carried out in respect of a pressure vessel referred to in paragraph (3) shall be determined by reference to the date it was first taken into use, which shall be recorded in the register referred to in Regulation 193(2).
(3) Without prejudice to the generality of Regulation 30, an employer shall ensure that a pressure vessel of a type or class specified in column 1 of Part B of Schedule 12, and any associated protective devices and pressure accessories, are not used unless they have been examined by a competent person—
(
a
) at least once during the period specified in column 2 of Part B of that Schedule, unless that period has been amended under Regulation 192(4) or a different period has been specified in writing by the manufacturer,
(
b
) after modification or repair and before return to service where any modification or repair is carried out to a pressure vessel, and the modifications or repairs are significant in relation to the vessel being able to safely withstand pressure, or
(
c
) at any time at the request of an inspector of the Authority.
(4) The examination referred to in paragraph (3)—
(
a
) may be completed in a number of phases and the examination is not complete until all phases are completed,
(
b
) shall, in the case of equipment which is heated, consist of an examination of the equipment when it is cold and an examination of the equipment when under normal pressure; the examination under pressure shall be made on the first occasion when normal pressure is raised after the examination when cold, within 28 days of the completion of the first part of the examination or within a reasonable period specified by the competent person, and
(
c
) may include a test.
(5) An employer shall provide every assistance to the competent person carrying out inspections and examinations under these Regulations.
(6) Where a report of an examination under Regulation 192(2) specifies conditions for the safe working of the pressure equipment or system, an employer shall ensure that it is used only in accordance with those conditions.
Report by a competent person.
192. (1) A competent person carrying out an examination or test of a pressure vessel under Regulation 185(3) or 191 shall prepare a report of the result of every such examination or test, which shall contain the particulars specified in Part D of Schedule 12 and shall furnish a copy of the report to the owner and user.
(2) Where a report referred to in paragraph (1) provides for—
(
a
) the immediate cessation of the use of a pressure vessel, or part thereof, or
(
b
) the carrying out of certain repairs or modifications necessary for the safe use of the vessel,
the competent person concerned shall not later than 20 days after the completion of the examination, send a copy of the report of the examination to the Authority.
(3) Where a report furnished in accordance with paragraph (1) states that immediate cessation of the use of the pressure vessel is required, the employer, user or owner shall ensure that the pressure vessel is not operated until the repairs or modifications, as the case may be, have been carried out.
(4) A competent person carrying out an examination under Regulation 191(3)—
(
a
) may specify a longer period of examination than the period specified in column 2 of Part B of Schedule 12 in relation to a pressure vessel of a class referred to in column 1 of that Part of that Schedule, where the competent person forms the opinion that it is appropriate for the conditions of operation and the class of pressure vessel concerned and he or she shall provide the reason for the opinion in writing to the owner and user of the vessel, and
(
b
) may specify a shorter period of examination than the period specified in column 2 of Part B of Schedule 12 in relation to a pressure vessel of a class referred to in column 1 of that Part of that Schedule, where the competent person forms the opinion that a more frequent examination is required for the conditions of operation and the class of pressure vessel concerned and he or she shall provide the reason for the opinion in writing to the owner and user of the vessel.
(5) A competent person shall review the forming of his or her opinion referred to in paragraph (4) where an inspector in the course of his or her duties directs that a review is undertaken, and following the review the competent person shall, within 30 days of the giving of that direction if he or she is satisfied to do so, amend the interval within which an examination may take place.
Keeping of records and registers of pressure vessels.
193. (1) An employer shall ensure that any report produced under Regulation 192, or a copy of it,—
(
a
) is kept for inspection by an inspector at the place of work where the pressure vessel is permanently located, and
(
b
) in the case of a pressure vessel used from time to time at different places of work, is kept for inspection by an inspector, with the pressure vessel and at the address of the owner of the pressure vessel.
(2) An employer shall ensure that—
(
a
) a register of pressure vessels containing details of the equipment, distinguishing numbers, date of first use and date of last examination and testing is established, maintained and kept available for inspection by an inspector, and
(
b
) if the vessel does not have a distinguishing number or mark for the purpose of identifying the vessel on the register referred to in subparagraph (
a
), that one of long lasting duration is provided and placed on the vessel.
(3) The previous owner shall, on the completion of a change of ownership of a pressure vessel or, as soon as is practicable thereafter, give to the new owner any report or other written information relating to the vessel or part thereof, as the case may be, held by him or her under this Part in relation to the pressure vessel.
Duty of persons who hire pressure equipment to others.
194. Where pressure equipment is hired out for use by others, Regulations 191 and 193 and paragraph (3) of Regulation 192 shall apply, subject to the modification that references, in those Regulations and that paragraph, to the person who hires out pressure equipment to others shall be substituted for references to the employer and any other necessary modifications.”.
(
e
) in Schedule 6, by substituting the following subparagraph for subparagraph (
a
) of Paragraph (1) of Part B
“(
a
) The assessment of the level of exposure to mechanical vibration is based on the calculation of the daily exposure A(8) expressed as equivalent continuous acceleration over an eight-hour period, calculated as the highest (rms) value, determined on three orthogonal axes (1,4awx, 1,4awy, awz for a seated or standing employee), in accordance with Chapters 5, 6 and 7, Annex A and Annex B to ISO Standard 2631-1(1997).”,
and
(
f
) by inserting, after “Schedule 11, ARTIFICIAL OPTICAL RADIATION”, “Schedule 12, PRESSURE SYSTEMS”, the text of which is set out in the Schedule.
SCHEDULE
“SCHEDULE 12
Regulations 184, 186, 191 and 192
PRESSURE SYSTEMS
Part A
PRESSURE SYSTEMS EXCEPTED FROM PART 10
These Regulations shall not apply to—
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of
16
th November
, 2012.
I, RICHARD BRUTON, Minister for Jobs, Enterprise and Innovation, in exercise of the powers conferred on me by
section 58
of the
Safety, Health and Welfare at Work Act 2005
(No. 10 of 2005)(as adapted by the Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2011 (
S.I. No. 245 of 2011
)) and after consultation with the Health and Safety Authority, hereby make the following regulations