Question 1

Who enforces non-compliance with DSEAR?

Accepted Answer

Non-compliance with DSEAR is enforced by the Health and Safety Executive (HSE) or Local Authorities, depending on premises allocation under the Health and Safety (Enforcing Authority) Regulations 1998. Further information on non-compliance with DSEAR enforcement can be found here.

Question 2

What are the potential penalties for not completing a DSEAR risk assessment?

Accepted Answer

Compliance can sometimes feel like a burden, but it is crucial to emphasise the potential penalties for not completing a DSEAR risk assessment. Non-compliance with DSEAR carries significant consequences, both legally and ethically. The penalties can range from civil to criminal repercussions, underscoring the seriousness of the matter. However, the consequences extend beyond legal implications. Failing to prioritise DSEAR compliance puts people's safety at risk, which can lead to injuries, and in the worst cases, even fatalities. Furthermore, non-compliance can have detrimental effects on the environment, causing lasting damage and impacting the trust and confidence that customers and stakeholders place in your business.

Question 3

Can anyone undertake a DSEAR risk assessment?

Accepted Answer

DSEAR requires employers or self-employed individuals to conduct a risk assessment before starting any new work involving dangerous substances. If your business has five or more employees, you should record the significant findings of the assessment as soon as possible. DSEAR assessors must have suitable knowledge, experience, instruction and training to be considered a 'competent person'.

Question 4

Does having a CompEx qualification qualify me to undertake a DSEAR risk assessment?

Accepted Answer

While the CompEx scheme is beneficial for a DSEAR assessor, it does not measure competence specifically for DSEAR risk assessments. The CompEx scheme has various competency modules and is recognised globally for validating the competency of electrical technicians and engineers in hazardous explosive atmospheres. More recently, CompEx has evolved to include other industry-specific competency assessments.

Question 5

What level of competence is required to undertake a DSEAR risk assessment?

Accepted Answer

Currently, there is no internationally recognised body that certifies an individual's competence in conducting DSEAR assessments. The concept of a competent person does not have a fixed definition or a specific licensing requirement. However, it is crucial to ensure that these assessments are conducted by qualified professionals who possess the necessary expertise and specialist knowledge of the regulations.

Assessing competence in this area is challenging, as it involves a combination of knowledge and experience. An ideal DSEAR assessor would have a well-rounded background, encompassing experience from various industries and commercial sectors. They should possess the ability to identify hazards and risks associated with the handling, storage and use of potentially flammable or explosive materials. Furthermore, they need to be proficient in recommending and documenting suitable and sufficient solutions to effectively reduce risks to a responsible and practical level.

While quantifying competence in this field is difficult, it is important that you engage a competent person for DSEAR assessments to ensure accurate and thorough evaluations of the risks associated with dangerous substances. By relying on experienced and knowledgeable individuals, businesses can confidently fulfil their obligations and maintain a safe working environment.

DSEAR Compliance FAQs:
Ensuring Safety and Compliance
for Your Business

Whether you're seeking guidance on the Dangerous Substances and Explosive Atmosphere Regulations (DSEAR) applicability to your business or information on conducting a risk assessment, we are here to assist you every step of the way.