WORK PLACE (MINIMUM REQUIREMENTS FOR WORK) (CONFINED SPACES AND SPACES HAVING EXPLOSIVE ATMOSPHERES)

SUBSIDIARY LEGISLATION 424.27

WORK PLACE (MINIMUM REQUIREMENTS FOR

WORK) (CONFINED SPACES AND SPACES

HAVING EXPLOSIVE ATMOSPHERES)

REGULATIONS *

30th January, 2004

LEGAL NOTICE 41 of 2004, as amended by Act XXXIII of 2024.

(1) The title of these regulations is the Work Place

(Minimum Requirements for Work) (Confined Spaces and Spaces

having Explosive Atmospheres) Regulations.

(2) The scope of these regulations is to establish minimum

requirements for the occupational health and safety protection of

workers working in confined spaces and, or in spaces having

explosive atmospheres.

In these regulations, unless the context otherwise requires

"the Act" means the Health and Safety at Work Act;

"Authority" means the Occupational Health and Safety Authority

established by article 4 of the Act;

"competent person" means a person having suitable training and

sufficient knowledge, expertise and skill for the safe performance

of the specific task or work required;

"confined space" means an enclosed space which has limited

openings for entry or egress, and, or which may contain insufficient

levels of oxygen or contain or produce dangerous air contaminants

liable to cause a risk to the health and safety of workers who enter

such a space, and includes any room, chamber, booth, tunnel, tank,

silo, vat, pit, pipe, drain, sewer or flue and any other enclosed

space

Provided that for the purposes of these regulations, any

enclosed space which is liable to be flooded or filled by the inflow

of any liquid or solid material shall also be considered a confined

space;

" e xp l o s i v e a tm os ph e r e " m e a ns a m i x tu r e wi t h ai r, u n d e r

atmospheric conditions, of flammable substances in the form of

gases, vapours, mists or dusts in which, after ignition has occurred,

combustion spreads to the entire unburned mixture;

"fumes" includes any gas or vapour;

"maintenance" means keeping in an efficient state, in efficient

*These regulations have been transferred to Cap. 646. Vide S.L. 646.19 and Act

XXXIII of 2024.

working order, in good repair and without loss or deterioration of

function, and includes inspection, testing, cleaning, lubricating,

adjusting and replacing as necessary;

"supervisor" means a person appointed or employed by an

employer having overall direction on site and, or having the task of

supervising entry and work in a confined space, and who has

received appropriate training for such a task;

"suitable system of maintenance" includes the regular

maintenance, the proper carrying out of repairs in the shortest

possible period, the prohibition of access to and use of defective

equipment, and the keeping of appropriate and adequate records to

ensure the proper implementation and easy monitoring of such a

system, and where applicable, taking due regard of the

manufacturer’s or installer’s specifications.

These regulations shall not apply to

(a) areas used directly for and during the medical

treatment of patients;

(b) appliances burning gaseous fuels (any fuel which is in

a gaseous state at a temperature of 15ºC under a

pressure of 1 bar) used for cooking, heating, hot water

production, refrigeration, lighting or washing and

having, where applicable, a normal water temperature

not exceeding 105ºC;

(c) forced draught burners and heating bodies to be

equipped with such burners;

(d) safety devices, controlling devices or regulating

devices and sub-assemblies, other than forced draught

burners and heating bodies to be equipped with such

burners separately marketed for trade use and designed

to be incorporated into an appliance burning gaseous

fuel or assembled to constitute such an appliance;

(e) the manufacture, handling, use, storage and transport

of explosives or chemically unstable substances;

(f)

the use of means of transport by land, water and air, to

which the pertinent provisions of any international

agreement (e.g. ADNR, ADR, ICAO, IMO, RID), and

the legislative enactments giving effect to those

agreements, apply. Means of transport intended for use

in a potentially explosive atmosphere shall not be

excluded.

PART I

Minimum Health and Safety Requirements

for Work in Confined Spaces

(1) An employer shall ensure that all confined spaces at the

workplace are identified.

(2) An employer shall take all reasonable measures to ensure

that work in a confined space is avoided if it is so practicable, and

for this purpose shall consider alterations to the confined space,

including structural alterations, and, or modifications to existing

work practices so as to enable work to be carried out from outside

the space.

(3) Where it is deemed necessary for work to be carried out in a

confined space, it shall be the duty of an employer to ensure that

the ingress to and the egress from the confined space, and the work

to be carried out, are undertaken under a system of work which

offers the highest degree of safety and which minimises risks to

health as far as reasonably practicable.

(4) It shall be the duty of an employer to ensure that all work

equipment, including equipment used for work activities in

confined spaces, or which is used to enter or exit confined spaces,

is adequate and suitable for use in a confined space, and subjected

to a suitable system of maintenance

Provided that no work equipment shall be used in a

confined space, if it is incompatible with any hazard present or

likely to be present, or which can give rise to a risk to occupational

health and safety by virtue of its presence or its use in the confined

space.

(5) It shall be the duty of an employer to ensure that every

item, object, article or thing required to be in a confined space,

which by virtue of its not being properly maintained can give rise

to risks to the health and safety of workers entering the space, as

well as the confined space itself, shall be subject to a suitable

system of maintenance.

(1) No person shall enter or be allowed to enter a confined

space to carry out work for any purpose unless it is not reasonably

practicable to achieve that purpose without such entry.

(2) It shall be the duty of an employer to ensure that no person

enters, and that no work is carried out in a confined space unless a

valid, written permit to work has been issued by a competent

person authorising entry and work under appropriate conditions,

except in exceptional circumstances, for rescue or evacuation

purposes, and provided that such entry and work is carried out by

persons wearing suitable breathing apparatus and that all other

possible measures required to protect health and safety are taken.

An employer shall, prior to allowing entry or work in a

confined space, ensure that

(a) a proper permit to work system is set up and

maintained to regulate any entry and work in each and

every confined space, depending on the nature of the

risks;

(b) a competent person has carried out an assessment of

the hazards which are present in the confined space,

which may arise during the course of work inside the

confined space and which are present outside but

which may create an additional hazard for workers

inside the confined space, and for all such hazards, the

competent person shall assess the resultant risks to

health and safety;

(c) the valid permit to work is placed at a position outside

and adjacent to the confined space, where it can be

readily viewed and read, and adequate measures shall

be taken to prevent, so far as reasonably practicable,

the defacement and alteration of this document

Provided that where the hazards and resultant risks

are deemed by the competent person to be low, the

permit to work document need not be put up, and shall

inform the workers accordingly;

(d) any worker who is to perform work in a confined space

is informed of the contents of the permit to work;

(e) all the requirements set out by the competent person in

the permit to work are complied with at all times when

any person enters the confined space;

(f)

entry into a confined space by any person is essential.

(1) It shall be the responsibility of the competent person to

carry out a proper assessment of the risks to health using accurate,

reliable and suitably calibrated monitoring equipment prior to

deciding whether to issue a permit to work allowing entry or work

into confined spaces

Provided that the employer shall subject the monitoring

equipment to a suitable system of maintenance.

(2) Before issuing a permit to work, it shall be the duty of the

competent person to give due consideration to any risks to health

and safety arising from hazards which are present, or which may

arise from, or during the course of the work inside the confined

space, and to make recommendations for the elimination of hazards

and the control of risks, including with regards to

(a) the general conditions and the dimensions of the

space;

(b) the ease of access and egress into the space, taking into

consideration any equipment or protective clothing

that the worker is expected to be using;

(c) the risk of fire or explosion;

(d) the risks to health from harmful levels of any gas or

fume, or from the lack of oxygen, or from the presence

of any other chemical that may pose a risk to health

and safety;

(e) the temperatures present in the confined space, or

which are likely to be generated during the course of

work in the confined space;

(f)

the level of lighting;

(g) the nature of the task or tasks to be carried out in the

confined space, including the work load;

(h) the level of noise likely to be generated in the confined

space;

(i)

the risks to health arising out of the use of any

chemical or from the ingress of gases, liquids, or free-

flowing solids;

(j)

the use of electrical equipment, including the risk of

electrocution, fire or explosion, and or the risk of

oxygen depletion caused by burning, welding or

grinding;

(k) the introduction of exhaust fumes from the use of

mobile plant or equipment outside the confined space.

(3) The competent person examining a confined space shall

issue two copies of a permit to work and shall state in writing

(a) the level of the oxygen concentration and that of any

explosive gas or vapour or of any other hazardous

gases present in the confined space, as well as the

presence of any other substance which may cause a

risk to health or safety;

(b) whether work can be allowed, and the type of work

activity to be allowed;

(c) the safety precautions required by any person entering

the confined space, and any protective measures which

are required to be taken by the employer or by the

workers entering the confined space;

(d) the number of persons allowed at any one time in the

confined space;

(e) the duration of the validity of the permit to work, and

the time at which a further assessment is required

Provided that where the competent person makes any

recommendations regarding safety precautions or protective

measures that are required to be taken before ingress into the

confined space, there shall be entered into the permit to work a

declaration by the supervisor at the site that such precautions or

measures have been taken

Provided further that until such safety precautions or

protective measures indicated by the competent person are taken,

no person shall be allowed to enter the confined space.

(4) No permit to work shall be valid unless it contains the name

and signature of the competent person and the name and

countersignature of the supervisor at the site.

(5) Places which are or can be connected via openings to

confined spaces shall be taken into account in assessing risks.

(1) An employer shall appoint a sufficient number of

supervisors to ensure adequate supervision on all matters relating

to the entry and work in a confined space.

(2) It shall be the duty of the supervisor to manage and

implement the permit to work system, and to ensure that the terms,

conditions or recommendations laid out in the permit to work are

followed.

(3) At the end of a working shift, a supervisor should ensure

that new workers, including replacements, are informed of the

permit to work and its contents, including any terms,

recommendations or conditions made by the competent person.

(1) It shall be the duty of a worker to abide by the terms,

conditions and recommendations, and to take all precautions which

are stipulated in the permit to work system.

(2) If modifications are required to the task in hand, or if

working conditions change, or if a worker is required to carry out

activities not listed on the permit to work, the worker concerned

shall inform the supervisor, who on his part shall inform the

competent person, who shall amend the original permit to work or

issue a new one.

(1) A confined space shall, unless there is other adequate

means of egress, be provided with a manhole, which may be

rectangular, oval or circular in shape, and shall not be less than 45

centimetres long and 40 centimetres wide, or if circular, shall not

be less than 58 centimetres in diameter

Provided that where the nature of the hazards and risks

necessitate that a person entering a confined space uses breathing

apparatus, the dimensions of the manhole shall be adjusted

accordingly.

(2) No person shall enter, or shall be expected to enter, a

confined space which is less than 0.9 metres high and 0.6 metres

wide.

(1) No person shall be allowed to enter or remain in a

confined space for any purpose unless such person -

(a) is authorised to enter by a competent person, and

(b) as far as reasonably practicable, is wearing a harness

with a securely attached rope, and

(c) while another person is keeping watch outside and

insofar as such other person is capable of pulling the

person in a confined space out, the person outside is

holding the free end of the rope

Provided that no person shall enter a confined space

without wearing or using breathing apparatus if in the opinion of

the competent person, breathing apparatus has to be worn to

safeguard the health of the person or persons entering the space.

(2) Where the confined space has been certified by a competent

person as being safe for entry without the need of breathing

apparatus, the certification shall specify a period during which the

use of breathing apparatus shall remain unnecessary

Provided that no person shall be allowed to enter or remain

in the space unless he has been warned when that period will

expire.

(1) A confined space shall not be certified under

regulation 11(2) unless

(a) effective steps have been taken to prevent any ingress

of dangerous fumes or effective steps are taken to

protect the workers entering the space from such

dangerous fumes; and

(b) any sludge or deposit liable to give off dangerous

fumes or which can in any other way cause a risk to

health or safety, has been removed, and the space

contains no other material liable to give off dangerous

fumes; and

(c) the space has been adequately ventilated and tested for

dangerous fumes and has a supply of air adequate for

respiration; and

(d) steps have been taken to protect workers from the

ingress or sudden movement of substances and

materials.

(2) In those confined spaces where there is the possibility that

the concentration of contaminants or of oxygen may change

suddenly or unexpectedly, it shall be the duty of an employer to

ensure that workers who enter such confined spaces are provided

with, and trained in the use of suitable equipment by which to carry

out continuous air monitoring, and to provide the workers with

adequate self-contained breathing apparatus which allows the

workers to exit the confined space whenever a high risk situation

ensues.

(3) No permit to work shall be issued by a competent person in

respect of any confined space in which the proportion of oxygen in

the air is liable to have been substantially reduced unless -

(a) either recommendations are made regarding the use of

suitable breathing apparatus;

(b) or the space has been and remains adequately

ventilated and a competent person has tested and

certified as safe for entry without breathing apparatus.

(4) No compressed gas cylinders, except those used in

conjunction with breathing apparatus shall be allowed inside a

confined space.

(5) No oxygen enriched or pure oxygen breathing air, except

for the purposes of resuscitation, shall be allowed into a confined

space, provided that where this is permissible, the use shall be

performed under the guidance of the competent person, who shall

make such recommendations as are indicated to ensure health and

safety.

(1) It shall be the duty of an employer to ensure that only

workers who have undergone health surveillance and who have

been certified as being medically fit to enter and work in a confined

space are allowed to enter any confined space.

(2) When carrying out such an examination, it shall be the duty

of a m edic al p ractitioner to t ake into acc ount the physic al

constraints created by the dimensions and layout of the space, and

to assess the individual’s physique or physical attributes, and the

individuals’ fitness to enter and to carry out the work assigned and

to make use of any protective clothing or equipment

Provided that the examining doctor shall stipulate in the

certificate the date when the next examination shall be due.

(3) No person shall be certified by a medical practitioner as

being fit to enter and work in a confined space if the person is

found to be suffering from any of the medical conditions listed in

Part 1 of Annex I, or if the person falls within any of the categories

listed in Part 2 of Annex I.

(1) An employer shall ensure that all workers in his

employ who are to enter a confined space have an understanding of

the work to be undertaken, the possible hazards and the resultant

risks to health and safety, the necessary precautions which need to

be taken, how to minimise any risks arising during the course of

working inside the confined space, and on how to make proper use

of any personal protective equipment required to safeguard health

and safety, and for these purposes, an employer shall train and

retrain his workers as necessary.

(2) Without prejudice to the generality of the foregoing,

workers should be given information about

(a) the need to avoid entry into a confined space unless the

purpose to be achieved could not be reasonably

attained without such entry;

(b) testing and, or monitoring of the atmosphere,

including training to carry out such testing and, or

monitoring;

(c) isolation procedures;

(d) correct selection and use of safety equipment;

(e) selection, use and maintenance of personal protective

equipment,

including

respiratory

protective

equipment;

(f)

the indications for, and the procedures to be followed

whenever the need arises for shutdown of plant or

equipment;

(g) communication between workers inside and outside

the confined space;

(h) procedures to be followed when the need arises to

raise the alarm;

(i)

recording systems in use, including maintenance logs,

accidents and near misses.

(3) Supervisors should have an understanding of, be given

information on, and where relevant, should be trained in

(a) the provisions of these regulations;

(b) the principles of risk assessment;

(c) the work activities and processes involved;

(d) the necessary control measures and procedures;

(e) permit to work systems;

(f)

the identification and control of hazards and risks;

(g) recognizing and dealing with an emergency situation

and following emergency procedures;

(h) the keeping of records required by these regulations.

(1) Where it is deemed necessary for work to be carried

out in a confined space, it shall be the duty of an employer to make

suitable and sufficient arrangements for first aid, rescue, fire

fighting and for the evacuation of workers.

(2) For the purpose of implementing the foregoing, an

employer shall

(a) appoint and ensure that are trained a sufficient number

of first aiders, and

(b) shall make such necessary arrangements with services

outside of the workplace as are required.

(3) An employer shall ensure that the workers are informed and

adequately trained in the procedures to be followed in the event of

an emergency.

(4) It shall be the duty of an employer to inform any person

whether in his employ or not, who has to enter a confined space, of

the risks to health and safety identified by the competent person,

and of the protective measures indicated.

(1) An employer shall ensure that records are kept of

(a) risk assessments carried out, identified hazards and

control measures;

(b) training;

(c) maintenance on and inspection of safety equipment;

(d) ventilation specifications and checks;

(e) atmospheric testing and, or monitoring;

(f)

completed permits to work;

(g) details of emergency,

rescue

and

first

aid

arrangements;

(h) medical examinations.

(2) The employer shall keep one copy of all the permits issued

by a competent person at his workplace for a period of two years

from the time of commencement of its validity.

Part II

Minimum Health and Safety Requirements for Work in Explosive

Atmospheres: Obligations of the Employer

(1) With a view to preventing and providing protection

against explosions, the employer shall take technical and, or

organisational measures appropriate to the nature of the operation,

in order of priority and in accordance with the following basic

principles

(a) the prevention of

the

formation

of

explosive

atmospheres, and

(b) where the nature of the activity does not allow such

prevention

(i)

the avoidance of the ignition of explosive

atmospheres, and

(ii) the mitigation of the detrimental effects of an

explosion so as to ensure the health and safety of

workers.

(2) Such measures as are referred to in subregulation (1) shall,

where necessary, be combined and, or be supplemented with

measures against the propagation of explosions and shall be

reviewed regularly and, in any event, whenever significant changes

occur.

(1) In carrying out the obligations laid down in regulation

6 of the General Provisions for Health and Safety at Work Places

Regulations, the employer shall assess the specific risks arising

from explosive atmospheres, taking account at least of

(a) the likelihood that explosive atmospheres will occur

and their persistence,

(b) the likelihood that ignition sources, including

electrostatic discharges, will be present and become

active and effective,

(c) the installations, substances used, processes, and their

possible interactions,

(d) the scale of the anticipated effects.

(2)

Explosion risks shall be assessed overall.

(3) Places which are or can be connected via openings to places

in which explosive atmospheres may occur shall be taken into

account in assessing explosion risks.

In order to ensure the safety and health of workers, and in

accordance with the basic principles of risk assessment and those

laid down in regulation 18, the employer shall take the necessary

measures so that

(a) where explosive atmospheres may arise in such

quantities as to endanger the health and safety of

workers or others, the working environment is such

that work can be performed safely, and

(b) in working environments where explosive atmospheres

may arise in such quantities as to endanger the safety

and health of workers, appropriate supervision during

the presence of workers is ensured in accordance with

the risk assessment by the use of appropriate technical

means.

(1) The employer shall classify places where explosive

atmospheres may occur into zones in accordance with Annex II.

(2) The employer shall ensure that the minimum requirements

laid down in Annex III are applied to places covered by

subregulation (1) .

(3) Where necessary, places where explosive atmospheres may

occur in such quantities as to endanger the health and safety of

workers shall be marked with signs at their points of entry in

accordance with Annex IV.

(1) In carrying out the obligations laid down in regulation

19, the employer shall ensure that a document, hereinafter referred

to as the ''explosion protection document'', is drawn up and kept up

to date.

(2) The explosion protection document shall demonstrate in

particular

(a) that the explosion risks have been determined and

assessed,

(b) that adequate measures will be taken to attain the aims

of these regulations,

(c) those places which have been classified into zones in

accordance with Annex II,

(d) those places where the minimum requirements set out

in Annex III will apply,

(e) that the workplace and work equipment, including

warning devices, are designed, operated and

maintained with due regard for health and safety,

(f)

that arrangements have been made for the safe use of

work equipment.

(3) The explosion protection document shall be drawn up prior

to the commencement of work and be revised when the workplace,

work equipment or organisation of the work undergoes significant

changes, extensions or conversions.

(4) The employer may combine existing explosion risk

assessments, documents or other equivalent reports produced under

other laws or regulations.

(1) Work equipment for use in places where explosive

atmospheres may occur which is already in use or is made available

in the undertaking or establishment for the first time before the date

of publication of these regulations, shall comply from that date

with the minimum requirements laid down in Annex III, Part A, if

no other law or regulation is applicable or is so only partially.

(2) Work equipment for use in places where explosive

atmospheres may occur, which has been made available in the

undertaking or establishment for the first time after the date of

publication of these regulations, shall comply with the minimum

requirements laid down in Annex III, Parts A and B.

(3) Workplaces which contain places where explosive

atmospheres may occur and which have been used for the first time

after the date of publication of these regulations shall comply with

minimum requirements set out in these regulations.

(4) Where workplaces which contain places where explosive

atmospheres may occur have been already in use before the date of

publication of these regulations, they shall comply with the

minimum requirements set out in these regulations no later than

three years after that date.

(5) If, after the date of publication of these regulations, any

modification, extension or restructuring is undertaken in

workplaces containing places where explosive atmospheres may

occur, the employer shall take the necessary steps to ensure that

these comply with the minimum requirements set out in these

regulations.

Part III

General provisions

(1) Where workers from several undertakings are present

at the same workplace, each employer shall be responsible for all

matters coming under his control.

(2) Without prejudice to the individual responsibility of each

employer as provided for in the General Provisions for Health and

Safety at Work Places Regulations, the employer responsible for

the workplace shall coordinate the implementation of all the

measures concerning the workers’ health and safety and shall state,

in the explosion protection document referred to in regulation 22

and, or the permit to work referred to in regulation 5, as applicable,

the aim of that coordination and the measures and procedures for

implementing it.

No person shall deface or in any way alter a valid permit to

work or an explosion protection document.

In any proceedings for an offence under these regulations

consisting of a failure to comply with a duty or requirement to do

something so far as is practicable or so far as is reasonably

practicable, or to use the best practicable means to do something, it

shall be for the accused to prove, as the case may be, that it was not

practicable or not reasonably practicable to do more than was in

fact done to satisfy the duty or requirement, or that there was no

better practicable means than was in fact used to satisfy such duty

or requirement.

Any person who knowingly or recklessly interferes with

the process of providing a safe and healthy place of work, shall be

guilty of an offence.

ANNEX I

(Regulation 13 (3)).

Part 1: List of medical conditions for which a person may not be certified fit to

enter and work in a confined space.

1. A history of fainting, black-outs or bouts of loss of consciousness, including

a history of epilepsy or uncontrolled diabetes mellitus

2. A history of shortness of breath

3. Disabilities related to limited dexterity or mobility, whether temporary or

permanent

4. A history of mental disease or of any other relevant mental condition

5. A history of heart disease or high blood pressure

6. Severe disabilities related to hearing or vision

7. A history of drug or alcohol abuse, or when a worker is taking medication

liable to cause drowsiness, lack of co-ordination, slowing of reflexes or response

times or disorientation

8. Any other serious medical condition which in the opinion of the medical

practitioner carrying out the examination should preclude a worker from being

certified fit to enter or to work in a confined space.

Part 2: List of categories of workers who may not be certified as being fit for entry

or to work in a confined space.

1. Young workers

2. Pregnant workers, or workers who have recently given birth or are

breastfeeding.

ANNEX II

CLASSIFICATION OF PLACES WHERE EXPLOSIVE ATMOSPHERES

MAY OCCUR

Preliminary note

The following system of classificatio n m ust be ap plied to p laces where

precautions in accordance with regulations 18, 19, 21 and 22 are taken.

1. Places where explosive atmospheres may occur

A place in which an explosive atmosphere may occur in such quantities as to

require special precautions to protect the health and safety of the workers concerned

is deemed to be hazardous within the meaning of these regulations.

A place in which an explosive atmosphere is not expected to occur in such

quantities as to require special precautions is deemed to be non-hazardous within the

meaning of these regulations.

Flammable and, or combustible substances are considered as materials which may

form an explosive atmosphere unless an investigation of their properties has shown

that in mixtures with air they are incapable of independently propagating an

explosion.

2. Classification of hazardous places

Hazardous places are classified in terms of zones on the basis of the frequency and

duration of the occurrence of an explosive atmosphere.

The extent of the measures to be taken in accordance with Annex III, Part A, is

determined by this classification.

Zone 0

A place in which an explosive atmosphere consisting of a mixture with air of

flammable substances in the form of gas, vapour or mist is present continuously or

for long periods or frequently.

Zone 1

A place in which an explosive atmosphere consisting of a mixture with air or

flammable substances in the form of gas, vapour or mist is likely to occur in normal

operation occasionally.

Zone 2

A place in which an explosive atmosphere consisting of a mixture with air of

flammable substances in the form of gas, vapour or mist is not likely to occur in

normal operation but, if it does occur, will persist for a short period only.

Zone 20

A place in which an explosive atmosphere in the form of a cloud of combustible

dust in air is present continuously, or for long periods or frequently.

Zone 21

A place in which an explosive atmosphere in the form of a cloud of combustible

dust in air is likely to occur in normal operation occasionally.

Zone 22

A place in which an explosive atmosphere in the form of a cloud of combustible

dust in air is not likely to occur in normal operation but, if it does occur, will persist

for a short period only.

Notes

1. Layers, deposits and heaps of combustible dust must be considered as any

other source which can form an explosive atmosphere.

2. ''Normal operation'' means the situation when installations are used within

their design parameters.

ANNEX III

(Regulation 23)

A. Minimum requirements for improving the safety and health protection of workers

potentially at risk from explosive atmospheres

Preliminary note

The obligations laid down in this Annex apply to

-

places classified as hazardous in accordance with Annex II whenever

required by the features of workplaces, workstations, the equipment or

substances used or the danger caused by the activity related to the risks

from explosive atmospheres,

-

equipment in non-hazardous places which is required for, or helps to

ensure, the safe operation of equipment located in hazardous places.

1. Organisational measures

1.1. Training of workers

The employer must provide those working in places where explosive atmospheres

may occur with sufficient and appropriate training with regard to explosion

protection.

1.2. Written instructions and permits to work

Where required by the explosion protection document

1.2.1. work in hazardous places must be carried out in accordance with written

instructions issued by the employer,

1.2.2. a system of permits to work must be applied for carrying out both

hazardous activities and activities which may interact with other work to cause

hazards.

1.3. Permits to work must be issued by a person with responsibility for this

function prior to the commencement of work.

2. Explosion protection measures

2.1. Any escape and, or release, whether or not intentional, of flammable gases,

vapours, mists or combustible dusts which may give rise to explosion hazards must

be suitably diverted or removed to a safe place or, if that is not practicable, safely

contained or rendered safe by some other suitable method.

2.2. If an explosive atmosphere contains several types of flammable and, or

combustible gases, vapours, mists or dusts, protective measures shall be appropriate

to the greatest potential risk.

2.3. Prevention of ignition hazards in accordance with regulation 18 must also

take account of electrostatic discharges, where workers or the working environment

act as charge carrier or charge producer. Workers must be provided with appropriate

working clothes consisting of materials which do not give rise to electrostatic

discharges that can ignite explosive atmospheres.

2.4. Plant, equipment, protective systems and any associated connecting devices

must only be brought into service if the explosion protection document indicates that

they can be safely used in an explosive atmosphere. This applies also to work

equipment and associated connecting devices which are not regarded as equipment

or protective systems as herein defined if their incorporation into an installation can

in itself give rise to an ignition hazard. Necessary measures must be taken to prevent

confusion between connecting devices.

2.4.1. ''Equipment'' means machines, apparatus, fixed or mobile devices, control

components and instrumentation thereof and detection or prevention systems which,

separately or jointly, are intended for the generation, transfer, storage, measurement,

control and conversion of energy for the processing of material and which are

capable of causing an explosion through their own potential sources of ignition.

2.4.2.

''Protective systems'' means design units which are intended to halt

incipient explosions immediately and, or to limit the effective range of explosion

flames and explosion pressures.

2.5. All necessary measures must be taken to ensure that the workplace, work

equipment and any associated connecting device made available to workers have

been designed, constructed, assembled and installed, and are maintained and

operated, in such a way as to minimise the risks of an explosion and, if an explosion

does occur, to control or minimise its propagation within that workplace and, or

work equipment. For such workplaces appropriate measures must be taken to

minimise the risks to workers from the physical effects of an explosion.

2.6. Where necessary, workers must be given optical and, or acoustic warnings

and the same workers withdrawn before the explosion conditions are reached.

2.7. Where required by the explosion protection document, escape facilities must

be provided and maintained to ensure that, in the event of danger, workers can leave

endangered places promptly and safely.

2.8. Before a workplace containing places where explosive atmospheres may

occur is used for the first time, its overall explosion safety must be verified. Any

conditions necessary for ensuring explosion protection must be maintained. Such

verification must be carried out by persons competent in the field of explosion

protection as a result of their experience and, or professional training.

2.9. Where the risk assessment shows it is necessary

2.9.1. it must be possible, where power failure can give rise to the spread of

additional risks, to maintain equipment and protective systems in a safe state of

operation independently of the rest of the installation in the event of power failure,

2.9.2. manual override must be possible in order to shut down the equipment

and protective systems incorporated within automatic processes which deviate from

the intended operating conditions, provided that this does not compromise safety.

Only workers competent to do so may take such action,

2.9.3. on operation of the emergency shutdown, accumulated energy must be

dissipated as quickly and as safely as possible or isolated so that it no longer

constitutes a hazard.

B. CRITERIA FOR THE SELECTION OF EQUIPMENT

AND PROTECTIVE SYSTEMS

1.1. If the explosion protection document based on a risk assessment does not

state otherwise, equipment and protective systems for all places in which explosive

atmospheres may occur must be selected on the basis of the categories set out in Part

C hereunder. In particular, the following categories of equipment must be used in the

zones indicated, provided they are suitable for gases, vapours or mists and, or dusts

as appropriate

1.1.1.

in zone 0 or zone 20, category 1 equipment,

1.1.2.

in zone 1 or zone 21, category 1 or 2 equipment,

1.1.3.

in zone 2 or zone 22, category 1, 2 or 3 equipment.

C. CRITERIA DETERMINING THE CLASSIFICATION

OF EQUIPMENT-GROUPS INTO CATEGORIES

1.1. Category 1 comprises equipment designed to be capable of functioning in

conformity with the operational parameters established by the manufacturer and

ensuring a very high level of protection.

1.2. Equipment in this category is intended for use in areas in which explosive

atmospheres caused by mixtures of air and gases, vapours or mists or by air/dust

mixtures are present continuously, for long periods or frequently.

1.3. Equipment in this category must ensure the requisite level of protection,

even in the event of rare incidents relating to equipment, and is characterized by

means of protection such that

1.3.1. either, in the event of failure of one means of protection, at least an

independent second means provides the requisite level of protection,

1.3.2. or the requisite level of protection is assured in the event of two faults

occurring independently of each other.

2.1. Category 2 comprises equipment designed to be capable of functioning in

conformity with the operational parameters established by the manufacturer and of

ensuring a high level of protection.

2.2. Equipment in this category is intended for use in areas in which explosive

atmospheres caused by gases, vapours, mists or air`dust mixtures are likely to occur.

2.3. The means of protection relating to equipment in this category ensure the

requisite level of protection, even in the event of frequently occurring disturbances

or equipment faults which normally have to be taken into account.

3.1. Category 3 comprises equipment designed to be capable of functioning in

conformity with the operating parameters established by the manufacturer and

ensuring a normal level of protection.

3.2. Equipment in this category is intended for use in areas in which explosive

atmospheres caused by gases, vapours, mists, or air`dust mixtures are unlikely to

occur or, if they do occur, are likely to do so only infrequently and for a short period

only.

3.3. Equipment in this category ensures the requisite level of protection during

normal operation.

ANNEX IV

Warning sign for places where explosive atmospheres may occur

(Regulation 21(3))

In a place where explosive atmospheres may occur, the distinctive features are

-

a triangular shape,

-

black letters on a yellow background with black edging (the yellow part

to take up at least 50% of the area of the sign).