Government Decree No. 406 / 2004 Coll.
Government regulations on closer requirements to ensure safety and health at work in potentially explosive environments
Valid
Effective from 01.09.2004
Text versions:
01.09.2004
08.07.2004
406
GOVERNMENT REGULATION
of 2 June 2004
on closer requirements to ensure safety and health at work in potentially explosive environments
The Government orders pursuant to Sections 134a (2) and 134e (2) of Act No. 65 / 1965 Coll., Labour Code, as amended by Act No. 155 / 2000 Coll.:
(1) This Regulation lays down, in accordance with the law of the European Communities (1), the arrangements for organising work and working and technological procedures and the closer requirements for the safe operation and use of machinery, technical equipment, means of transport, instruments and tools (hereinafter referred to as "equipment") at workplaces in potentially explosive environments (2); This is without prejudice to the provisions of specific legislation, where they regulate requirements for work at risk of explosion (3).
(2) This Regulation shall not apply to:
(a) premises used for the examination or treatment of patients, unless otherwise provided for in specific legislation;
(b) the use of gas-fired plants placed on the market and put into service in accordance with specific legislation4;
(c) the handling of explosives and chemically unstable substances (5);
(d) mining activities, activities carried out in a mining manner and subject to top supervision in accordance with the Specific Law (5);
(e) the use of means of transport in road, rail, inland waterway and air transport, unless otherwise provided for in specific legislation or international agreements.
(1) In applying the principles of risk prevention (6) or to ensure protection against explosion, the employer shall take technical or organisational measures appropriate to the nature of the operation in accordance with the principles which it applies according to the nature of the activity in the following order:
(a) preventing the occurrence of an explosive atmosphere (7);
(b) preventing the initiation of an explosive atmosphere;
(c) reducing the harmful effects of the explosion to ensure the health and safety of workers.
(2) Where necessary, technical or organisational measures are combined by the employer or supplemented by other measures to prevent the spread of explosions.
(3) The technical or organisational measures taken to prevent and protect against explosion referred to in paragraphs 1 and 2 shall be periodically reviewed by the employer at the intervals specified by the employer and without delay when any change is relevant to ensuring safety and health at work.
(1) The employer shall assess the risks of explosion, taking into account in particular:
(a) the likelihood and duration of the occurrence of an explosive atmosphere;
(b) the likelihood of the occurrence of sources of initiation, including possible static power discharges and whether they are active and effective;
(c) equipment used, including installation, substances, technological processes, operating procedures and their possible interaction;
(d) the extent of the expected effects of the explosion.
(2) The risk of explosion is assessed by the employer in a comprehensive manner, taking into account all the circumstances of work in an explosive environment.
(3) Where equipment or work in an explosive environment complies with the requirements of specific legislation, the requirements set out in Annex 1 and Annex 2 to this Regulation have been met.
(4) When assessing the risk of explosion, the employer shall assess the spaces into which the explosive atmosphere may penetrate through openings or other routes.
(1) After carrying out technical or organisational measures pursuant to § 2 and assessing the risk of explosion pursuant to § 3
(a) classify spaces with an explosion hazard environment into spaces with explosion risk and spaces without explosion risk as set out in Annex 1 to this Regulation;
(b) ensure that the additional requirements of Annex 2 to this Regulation are met in the areas classified under (a);
(c) indicate the points of entry into the explosion hazard areas by means of warning marks with the black letters EX indicating "danger - explosive environment" (8);
(d) ensure that written documentation on the protection against explosion referred to in Article 7 and its management is drawn up in such a way as to conform to the facts.
(2) The employer shall take the necessary additional measures to ensure the safety and health of the premises at risk of explosion to ensure that:
(a) the safety and health of workers has not been compromised in such working conditions;
(b) in the light of the explosion risk assessment, the explosive atmosphere has been adequately monitored, evaluated and controlled by appropriate technical means while workers or other persons are present.
Where two or more employers' employees perform tasks in one workplace, each employer shall ensure the procedure under this Regulation to the extent of the activities under its control; employers shall also take into account the adjacent premises referred to in Article 3 (4).
(1) Written documentation on explosion protection is to be processed following the results of the explosion risk assessment referred to in Section 3. This documentation is always demonstrated
(a) carrying out hazard identification and hazard specification and risk assessment;
(b) taking preventive and protective measures;
(c) the classification of premises referred to in Article 4 (1) (a);
(d) the identification of the premises and facilities to which the requirements set out in Annex 2 to this Regulation shall apply;
(e) the establishment, use and maintenance of workplaces, including technical equipment, as well as installation, putting into service, operation, maintenance of equipment, including monitoring and warning devices, in accordance with specific legislation9);
(f) in the cases referred to in Article 5, the purpose and rules of cooperation, as well as the measures and procedures for their implementation.
(2) Written documentation on explosion protection shall be drawn up by the employer before the work begins; when changing the workplace, equipment or organisation of work which are important in terms of safety and health at work, it shall update it. It may also use documents drawn up under specific legislation.
(3) In the written documentation on explosion protection, the employer shall indicate in which areas health and safety activities may be carried out only in accordance with his written instructions and which activities may only be carried out on the basis of a written order to carry out the work; It shall also indicate the staff authorised to issue such an order.
(1) The employer shall ensure that equipment which has been put into service and used before the date of entry into force of this Regulation in spaces with an explosion hazard shall meet other requirements to ensure safety of work and health at work in an explosion hazard environment as set out in Annex 2, Part A to this Regulation.
(2) The employer shall ensure that workplaces with an explosion hazard environment put into service before the date of entry into force of this Regulation meet the requirements laid down in this Regulation without delay after the next time change has been made; in other cases by 30 June 2006 at the latest.
This Regulation shall enter into force on 1 September 2004.
Prime Minister:
PhDr. Špidla v. r.
Minister for Labour and Social Affairs:
Ing. Škromach v. r.
Příloha č. 1
Annex No. 1 to Government Decree No. 406 / 2004 Coll.
GENERAL CLASSIFICATION
1 Classification of spaces
The employer shall, on the basis of the results of the explosion risk assessment referred to in Section 4, classify the spaces into spaces with explosion risk and spaces without explosion risk.
1.1 Explosive space is an area where the explosive atmosphere may occur in quantities requiring measures to ensure the safety and health of workers.
1.2 Space without risk of explosion is an area in which the presence of an explosive atmosphere is not expected to occur in quantities requiring measures to ensure the safety and health of workers.
2 Classification of spaces with explosion hazard
The explosion hazard areas referred to in point 1.1 shall be classified in zones based on the frequency of occurrence of the explosive atmosphere and its duration.
2.1 An explosive atmosphere consisting of a mixture of air and flammable substances in the form of gas, steam or fog shall be classified in the following zones:
2.1.1 Zone 0
A space in which an explosive atmosphere consisting of a mixture of air with flammable substances in the form of gas, steam or fog is present permanently or for a long or frequent period.
2.1.2. Zone 1
An area in which the occasional formation of an explosive atmosphere formed by a mixture of air with flammable substances in the form of gas, steam or fog is likely.
2.1.3 Zone 2
A space in which the formation of an explosive atmosphere consisting of a mixture of air with flammable substances in the form of gas, steam or fog is unlikely and, if an explosive atmosphere occurs, will only be present exceptionally and only for a short period of time.
2.2 Spaces where the explosive atmosphere occurs in the form of a cloud of flammable dust in the air shall be classified in the following zones:
2.2.1 Zone 20
A space in which the explosive atmosphere formed by the cloud of flammable dust in the air is present permanently or for a long time or often.
2.2.2 Zone 21
An area where the occasional formation of an explosive atmosphere formed by a cloud of animal flammable dust in the air is likely.
2.2.3 Zone 22
A space in which the formation of an explosive atmosphere formed by a cloud of animal flammable dust in the air is unlikely to occur and, if an explosive atmosphere occurs, will only be present exceptionally and only for a short period of time.
2.3 Layers, deposits and piles of flammable dust shall be considered as a source which may create an explosive atmosphere.
Příloha č. 2
Annex No. 2 to Government Decree No. 406 / 2004 Coll.
A. FURTHER REQUIREMENTS FOR SAFETY AND HEALTH PROTECTION IN WORKING WITH NON-EXPLOSION
1. General
1.1 The provisions of this Annex shall apply to premises classified in accordance with Annex 1 (2) as potentially explosive if required by the nature of the workplace, work space, equipment and substances used or by the hazard caused by an explosive atmosphere hazard work activity.
1.2 The provisions of this Annex shall apply to equipment in an explosion-free area provided that such equipment provides or helps to ensure the safe operation of equipment in an explosion-hazard area. 1)
2. Organizational measures
2.1 Training of staff
2.1.1 The employer provides sufficient training for workers on safety and health at work in potentially explosive situations; In particular, they shall be informed to the appropriate extent of the documentation on explosion protection, preventive and protective measures and written instructions referred to in point 2.2, provided that they have been issued for the workplace and the manner in which personal protective equipment is used.
2.1.2 Only the employer shall entrust the service of equipment and protective systems in an explosive area to a staff member whose theoretical knowledge and practical skills relating to the operation of such equipment and protective systems have been proven to be proven.
2.2 Written instructions and orders for carrying out work
2.2.1. In potentially explosive areas, where this is provided for in the explosion protection documentation, work may only be carried out in accordance with written instructions issued by the employer.
2.2.2. Where provided for in the explosion protection documentation, hazardous activities which may result in an explosive atmosphere or which may cause the initiation of an explosive atmosphere, as well as activities which may create a risk of explosion by interacting with another activity, may only be carried out on the basis of a written order to carry out the work ("command V '). The employer shall establish a system of issuing orders In addition, the authorised staff member shall have a V order issued before the work begins.
2.2.3. Staff in the order In the determination to carry out the work, it shall be demonstrated in advance that the content of the V command and the warning signals, 2) will be used in accordance with point 3.6 at the workplace to warn against explosion risk.
2.2.4. Command V shall include in particular:
(a) the date of issue and the duration of the order;
(b) the start date of the work or interruption (date, hour);
(c) the date of termination of the work (date, hour), the signed signature of the head of work and the person taking over the work;
(d) the name and type of work and the definition of the area where the work will be carried out;
(e) instructions for securing the workplace for protection against the occurrence of an explosive atmosphere, or for putting it into its original state;
(f) setting out measures to ensure safety and health at work which must be carried out before work begins;
(g) a list and a description of the means of protection and intervention in the event of emergency, such as means of fire protection,
(h) the name and surname and signature of the authorised staff member who processed the order, where appropriate;
(i) the name and surname and signature of the manager responsible for carrying out the work and taking the order;
(j) the names and surnames of the persons to whom the work is to be carried out and their signatures certifying that they have been properly informed, informed of the manner in which the work is to be carried out,
(k) other necessary information, such as an indication that the work is carried out under the supervision or supervision or designation of a person responsible for the supervision or supervision of the performance of the work, or a record of the transfer of the work.
3. Measures to protect against explosions
3.1 The employer shall ensure that the foreseeable leakage or release of flammable gas, steam, fog or flammable dust which may cause an explosion is appropriately directed, brought into a safe area in which it does not endanger the safety and health of workers and, where this is not possible, safely closed or secured by other appropriate means.
3.1.1. The presence of an explosive atmosphere shall be checked by the employer at all times when the device is put into service or when the flammable gases or liquids are suspected to escape from the device, or if the combustible flammable dust on or near the device is established. In the space within the buildings, this check shall be carried out at least once a month.
3.2 If the explosive atmosphere contains several types of flammable gas, steam, fog or dust, the protective measures shall correspond to the highest possible risk.
3.2.1. If workers are exposed to chemicals and chemical preparations or dust when working in an explosive atmosphere, which are considered to be harmful to or the action of biological agents, the employer shall act in accordance with a specific legislative regulation.3) When selecting personal protective equipment, it shall also take into account the risk of initiating the explosive atmosphere in accordance with point 3.3.1.
3.3 When taking measures to prevent the initiation of an explosive atmosphere as referred to in Article 3 (1) (b), the employer shall take into account the presence of possible sources of ignition, including electrostatic discharges, where workers, where appropriate, or other persons or the working environment, carry an electrostatic charge or charge.
3.3.1 In view of the danger of initiating the explosive atmosphere, the employer provides, in accordance with a special legislation (4), to workers present at workplaces in areas where the risk of explosion is caused by protective clothing and footwear made of materials which do not cause electrostatic discharges capable of igniting the explosive atmosphere. The employer shall ensure that other persons, when entering or staying on the workplace in potentially explosive areas, are fitted with clothing and shoes of the same characteristics.
3.4 Equipment, protective system or installation may be put into service if the employer demonstrates in the explosion protection documentation that their use in potentially explosive environments will be safe. This requirement also applies to equipment and related equipment which are not devices or protective systems under special legislation, (1) but which may be installed and used at the workplace could lead to the initiation of an explosive atmosphere.
3.4.1. The employer shall take appropriate measures so that the installation cannot be confused with each other.
3.5 The workplaces, equipment and installations accessible to employees must be located, installed, installed, maintained and used to minimise the risk of explosion. In the event of an explosion, its spread in the workplace and in the installation shall be restricted and appropriate measures shall be taken to reduce the risk to workers resulting from the physical characteristics of the explosion.
3.6 The workers must be alerted to the danger by a light signal, 2) a sound signal, or a combination of them, so that they can leave the workplace before they are threatened by an explosion.
3.7 Staff must be able to leave the area at risk of explosion quickly and safely as indicated in the explosion protection documentation. The means of escape must be maintained permanently free for these purposes (5).
3.8 Before a workplace with an explosion hazard is first put into service, its overall safety in terms of explosion risk shall be verified. All conditions necessary to ensure protection against explosion shall be complied with. Such verification shall be carried out by a person who, on the basis of his skills and expertise, is competent to this activity.
3.9 If, on the basis of the explosion risk assessment referred to in § 3, it is demonstrated that:
(a) the risk of explosion is increased as a result of a power outage, the safety and operation of the equipment and protective systems shall be ensured, where necessary, independently of other installations;
(b) the level of safety and health at work shall not be reduced by disabling equipment or protective systems integrated into the automated technological process when deviating from normal operating conditions; it shall be possible, if necessary, to switch them off by manual control. Manual shutdown may be performed only by the employer designated by the employee.
When performing an emergency shutdown, the accumulated energy shall be dispersed as quickly and safely as possible or isolated in such a way that it is not a source of danger.
B. REQUIREMENTS FOR THE SELECTION OF EQUIPMENT AND PROTECTION SYSTEMS
1. Equipment and protective systems for all spaces with an explosion hazard environment shall be selected on the basis of categories under special legislation (6), unless otherwise specified in the written documentation on explosion protection with regard to the assessment of explosion risks.
2. Equipment of the following categories may be used in zones classified in accordance with Annex 1, Part 2:
(a) in zone 0 or zone 20 of Category 1 equipment;
(b) in zone 1 or zone 21, category 1 and 2 establishments;
(c) in zone 2 or zone 22 of Category 1, 2 and 3 equipment.
(1) Directive 1999 / 92 / EC of the European Parliament and of the Council of 16 December 1991 on minimum requirements for improving the safety and health of workers exposed to explosion hazards (15th sub-Directive within the meaning of Article 16 (1) of Council Directive 89 / 391 / EEC).
2) Paragraph 1 (2) (e) of Government Decree No. 23 / 2003 Coll., laying down technical requirements for equipment and protective systems intended for use in potentially explosive environments.
3) For example, Act No. 133 / 1985 Coll., on Fire Protection, as amended by Act No. 425 / 1990 Coll., Act No. 40 / 1994 Coll., Act No. 203 / 1994 Coll., Act No. 163 / 1998 Coll., Act No. 71 / 2000 Coll., Act No. 237 / 2000 Coll. and Act No. 320 / 2002 Coll., Act No. 353 / 1999 Coll., on the prevention of major accidents caused by selected hazardous chemicals and chemical products and amending Act No. 425 / 1990 Coll., Act No. 320 / 2002 Coll.
4) For example, Government Decree No. 22 / 2003 Coll., laying down technical requirements for gas appliances.
5) Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended by Act No. 425 / 1990 Coll., Act No. 542 / 1991 Coll., Act No. 169 / 1993 Coll., Act No. 128 / 1999 Coll., Act No. 71 / 2000 Coll., Act No. 124 / 2000 Coll., Act No. 315 / 2001 Coll., Act No. 206 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 226 / 2003 Coll. and Act No. 227 / 2003 Coll.
6) Paragraph 1 (2) (d) of Decree No 23 / 2003 Coll.
7) § 132a of Act No. 65 / 1965 Coll., Labour Code.
8) Paragraph 3 (2) of the Decree of the Government No 11 / 2002 Coll., determining the appearance and location of security marks and the introduction of signals.
9) For example, Act No. 22 / 1997 Coll., on Technical Requirements for Products and on the Amendment and Addition of Certain Acts, as amended by Act No. 71 / 2000 Coll., Act No. 102 / 2001 Coll., Act No. 205 / 2002 Coll., Act No. 226 / 2003 Coll. and Act No. 277 / 2003 Coll., Decree No. 378 / 2001 Coll., laying down further requirements for the safe operation and use of machinery, technical equipment, apparatus and tools.
1) Paragraph 1 (2) (a), (b) and (c) of Decree of the Government No 23 / 2003 Coll., laying down technical requirements for equipment and protective systems intended for use in potentially explosive environments.
2) Article 5 of Government Decree No. 11 / 2002 Coll., establishing the appearance and location of security marks and the introduction of signals.
3) § 134c of Act No. 65 / 1965 Coll., Labour Code, as amended by Act No. 155 / 2000 Coll. Government Regulation No. 178 / 2001 Coll., laying down conditions for the protection of workers' health at work, as amended by Government Decree No. 523 / 2002 Coll.
4) § 133a of Act No. 65 / 1965 Coll., Labour Code, as amended by Act No. 155 / 2000 Coll. Government Decree No. 495 / 2001 Coll., specifying the scope and detailed conditions for the provision of personal protective equipment, washing, cleaning and disinfection equipment.
5) § 134 of Act No. 65 / 1965 Coll., Labour Code, as amended by Act No. 155 / 2000 Coll.
6) Paragraph 1 (2) (f) of Decree No 23 / 2003 Coll., laying down technical requirements for equipment and protective systems intended for use in potentially explosive environments.
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Regulation Information
| Citation | Government Decree No. 406 / 2004 Coll., on Closer Requirements for Safety and Health at Work in Explosive Environment |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.07.2004 |
|---|---|
| Effective from | 01.09.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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