Is ATEX equipment necessary throughout a distillery?

I am often asked for advice regarding this and the answer is surprisingly nuanced.

Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 1996 (EPS) brought into UK legislation the ATEX directive (2014/34/EU). The regulations state “new equipment supplied for use in places where an explosive atmosphere may occur must meet the requirements of EPS whatever its source.”

Suitability may be determined by hazardous area classification, risk assessment and equipment protection level analysis as per BS EN IEC 60079. In practice this means almost all equipment for use in zoned hazardous areas in distilleries must be ATEX rated unless all of the following are the case:

▪ The hazardous area classification where the equipment is located is Zone 2 and the grade of release source is secondary.

▪ The equipment does not provide a source of ignition, including sparks, unless there is a fault (eg a cable passing through a zone with no terminations or switches).

▪ A quantitative risk assessment has been undertaken to show the consequence and likelihood of an accident are As Low As Reasonably Practicable.

▪ Routine inspection and maintenance is carried out in accordance with manufacturer recommendations and industry guidelines in house or by a third party.

Distributors, manufacturers, and importers have a legal duty under EPS to ensure that products placed on the market meet health and safety requirements for their intended environment. If a distributor imports equipment from outside the UK or EEA, they assume the same duties as a manufacturer to certify equipment as safe. They also are treated as the manufacturer if they modify or re-brand the equipment no matter its origin.

However, it is ultimately the responsibility of the customer to ensure the equipment provided is appropriate for the hazardous area classification, which in accordance with the Dangerous Substances and Explosive Atmosphere Regulations 2002 (that brought the other ATEX directive (99/92/EC) into UK legislation) “should be carried out by persons who understand the nature of the flammable substances, gas dispersion and ventilation and are familiar with the process aspects for the plant under consideration.”

A competent person is someone who when scrutinised can demonstrate knowledge of the applicable legislation, expertise of how to classify and calculate the zone extents, has a level of understanding of how the distillery operates to underpin it all and crucially a degree of objectivity. It is also prudent to check that the individual carrying out the zoning classification has the right insurance cover level, as many basic contractor policies have a myriad of exclusions around fire safety following the Grenfell tragedy.

If in doubt about DSEAR, EPS or a piece of equipment's ATEX specification I highly recommend getting it checked by a professional.