Will the UK Waste Industry Achieve Safe Compliance with the ATEX Regulations in time?

Waste Management Operators may have done allclassification zones, and each zone must be
they can to maintain good health and safetymarked on site by a sign. These zones will all need
practices in the past, and will continue to do so;defining individually for each site on the basis of a
but how many will be compliant after 30th Julyrisk assessment. The ICoPs recommend the best
2006 when the EU's ATEX Directive finally comesperson to carry out these assessments will
into force?normally be the site manager.
The EU Directive applies to all workplaces where(Please include the ATEX sign graphic here.)
the risk of the presence of an ExplosibleThis requirement is in addition to the normal
Atmosphere exists, and encompasses allpractice of writing method statements based
installations from waste transfer and processingupon risk assessments, plus internal H&S checks,
plant (where explosive dusts, and unused solventsand Supervisor approvals in place in companies
may create an explosive atmosphere), to anyalready, as has been the case since the
landfill - no matter how long since closed andintroduction of various health and safety legislation
made over to other uses - which possesses anyin the 1980s.
wells (for gas or leachate monitoring orA major area of concern remains in respect of
management) in gassing waste.the impact which the DSEAR will have on the
Although the large waste operators have beenafter-use and restoration of landfill sites, and such
actively tackling the issues surrounding ATEXmatters need to be taken on-board by the
compliance at their waste collection, transfer andplanners when after-use policy is established for
processing facilities, and on their (mostly active)sites. The directive is explicit and prescriptive in
landfill sites, most landfills are historical and fall intothat each zone area must be signed, and it is
the "closed" category. In this area there has beenclear that these zones extend into the general
very little activity to review old sites, assessairspace around and above chambers, wells, and
which exhibit the potential for an explosiveboreholes etc. Just how this can be squared with
atmosphere to be present, and compile thepublic access uses such as golfing, and even
necessary risk assessment, ameliorative, trainingdog-walking has yet to be resolved - yet the
and record keeping actions needed for compliance.defined zones apply to workplace activities and
Similarly, activity would seem to have beennot the public usage of the site.
minimal in reviewing and risk assessing existingGenerally, the ICoPs give guidance which by its
leachate treatment and methane stripping plantspecificity will clarify the interpretation DSEAR
for compliance - so far.requirements and reduce costs to an affordable
Even within the big five UK waste operatorslevel. Detailed reading of the ICoPs should do
active sites there are real problems in interpretingmuch to allay concerns that wholesale
the requirements and in achieving compliance, andreplacement of equipment which has given
much of this arises from the inherent difficulty inlong-term incident free service over many sites
applying regulations which were originally perceivedand for extended periods, would be required just
for factory and industrial workplaces, to a landfillto comply with the directive.
setting.There have however, already reportedly been
However, the industry has been actively workingsubstantial costs to some major operators in
to solve the matter. For more than the past 12preparation for DSEAR. SITA themselves have
months the waste industry has been endeavoringbeen reported as finding it necessary to spend
to tackle the various issues surrounding ATEXbetween £50,000 and £100,000 per
compliance, as regulated under the UK'sflare, on changing 18 of its landfill gas flares on
instrument known as the DSEAR (Dangeroussites around the country to comply.
Substances and Explosive AtmosphereSuch high costs are likely to be the exception
Regulations). A working group has been meeting,rather than the rule, and costs will be best
and is currently well advanced in its programmecontrolled by careful reading, and in-depth
to produce six Industry Codes of Practice toknowledge, of the ICoPS. Although not all ICoPs
provide comprehensive guidance on the applicationhave yet been published, reviews can be
DSEAR to all waste management activities.undertaken in full knowledge of the approach
The first Code (ICoP1) was published in Autumnbeing taken by the ICoP committee. Industry
2005, and establishes general principles ofparticipants will normally also be provided with final
compliance, provides basic calculations fordrafts of ICoPs prior to publication for their
establishing ATEX Area Classification ("Zones")comments, on request.
around landfill wells, boreholes etc., and providesSo the message is that all Site Managers, Estate
examples of the most common zoning.Managers with former landfills as part of their
ICoP 2 is titled, "Area Classification for Landfill Gaslandholding portfolios, and the Waste Disposal
Extraction, Utilisation & Combustion", and wasOfficers for Council's responsible for closed landfill
published in November 2005.should be aware of this legislation and should be
ICoP 3; "Area classification for leachate extraction,making it their duty to familiarise themselves with
treatment and disposal", has now also recentlythe ICoPs, and then carry out their reviews, and
been published, and a further ICoP on Landfillall this needs to be done by the end of this
Operation is well advanced.month (June).
All these documents are approved by the HealthBy taking this approach DSEAR compliance should
& Safety Executive, before publication, and arebecome both affordable, and reduce injuries from
available for free download on the ESA web sitethese risks. Whether the rate of injury directly
All operators will find that changes to existingfrom the risks covered by these regulations was
practices will be required in order to comply withever sufficiently high for any statistically relevant
the DSEAR. Previous procedures for carrying outHealth and Safety gain ever to be seen is
risk assessments and establishing safe workingdoubtful, but we hope we are proved wrong, and
methods will need to be re-assessed and modifiedthat the passage of time will reveal real benefits
to comply with the new DSEAR Zoningto the industries workforce. In any event, the
requirements. Specifications for equipment willimplementation of these regulations will go ahead
require review and either ATEX Certifiedon 1 July, so the wise will go ahead now and
equipment installed, or a site specific riskcomply as a matter of urgency.
assessment undertaken to justify each plantNote 1: The article refers to the "ATEX Directive",
installation is "appropriately" certified if ATEXfor brevity, however, the DSEAR actually
Certificates are not available for existing plant, asimplements two EU Directives on the subject,
required under these regulations.namely: The ATEX Product Directive, and the
All staff and operatives will in future under theseATEX Worker Protection Directive.
regulations be required to be trained specifically inNote 2: The term "ATEX" is derived from a
atmospheric explosion risk management inshortening of the words ATmosphere and
general, and in the meaning of three ATEX Zones,EXplosible.
each of which reflect the degree of risk within(Steve Last served on the committee in
one of three classified risk severity situations.preparation of ICoP 3, and has commented on
Drawings must be retained on site showing theothers.
locations and extent of these ATEX area