We have noticed a significant increase in the HSE pointing out to businesses that they are not complying with the DSEAR regulations. In fact two recent assessments in Essex have had to be hastily arranged following HSE Improvement Notices being issued on two separate businesses.
Both businesses were clearly carrying out activities that fall into the DSEAR remit and yet had been completely unaware of DSEAR and the potential risks posed by their work operations. Each business was very different apart from the fact their operations involved activities that created flammable vapours and dusts.
They both had been operating for many years and had a similar story that their health & safety advisors had never mentioned DSEAR to them before. One was supported by a major health & safety consultancy and were quite rightly aggrieved not to have been told about DSEAR; especially as they had been working with them for some time.
Not only did the HSE issue Improvement Notices (which will go on record) but they also issued Fee For Intervention (FFE) charges. A costly mistake which will be compounded by the need to implement a number of improvements in order to comply with DSEAR & ATEX requirements. These will no doubt be monitored by the HSE and will put both businesses under pressure to comply.
Had they been well advised then these issues could and should have been identified many years ago and suitable controls could have been in place. The HSE would then not have had a reason to take the action they did.
If you are in the position of these businesses then be warned; the HSE are taking far more interest in DSEAR than they previously might have.
