As explained in our previous article about the European CE marking being replaced by a UK recognised body under
UKCA, we only touched on the ATEX element of this new system. Under the new UKCA documentation, there had to be a piece of legislation that covered products that could be legally place on the UK market in explosive environments. Hence, UKCA “Ex” being introduced. Following a press release on 1st August 2023, the Government announced that there would be an indefinite extension of the CE mark, and therefore UKCA was not necessary.
Why has UKCA “Ex” Been Introduced?
UKCA “EX” approval for equipment suitable for explosive environments in the UK market came into force 1
st January 2021, but the labelling of products was not going to be compulsory until 1
st January 2025 – an extension of the previous deadline due to the pandemic, rising costs, Brexit, and the impact of wars causing increased financial pressure on businesses. So why was all this going to happen?
Let’s go back to when the UK left the European Union and the impact that had on the fact we relied on, and followed, many European laws and Statutory instruments. This was an issue as we then wanted to be an independent Country, with our own laws, rules, and trading agreements. Following this departure, the UK Government issued a large statutory instrument applying a whole new set of legislation UKSI:2019:696 which converted the existing ATEX statutory instrument, to be fit for purpose in the UK market following us leaving. The closest term to ATEX, that still maintained the context of the ATEX Directive, but showed clearly it was a UK piece of legislation, was UKEX. Therefore, UKEX was set to replace ATEX as part of the certificate number as well as being the generic reference in the UK as the substitute for ATEX in the future.
Going back to the UKCA article we discussed previously, the CE marking which was used in the EU was to be replaced by UKCA product marking and conformity. UKCA was therefore not going to be recognised in the EU, EEA or Northern Ireland. UKCA marking would have had supporting EX documentation and as such only UKCA issued EX certificates would have been accepted from 1
st January 2025. ATEX products would then only have been accepted on the UK market if they have this UKCA “Ex” approval.
Luckily, for those of you that hadn't gone through the process of UKCA marking and UKCA EX or UKEX labelling, the 1st August press release made all of this history, and therefore any existing CE or ATEX marks and labels are now back in the picture, to be used indefinitely. Not so lucky for those of us who have been proactive and planned the work in to become certified and compliant with the planned legislation.
Axair are one of those proactive companies, we are recognised as authorised representatives for our
SEAT ventilation range of
ATEX corrosion resistant fans and as such have worked hard to ensure our product is marked appropriately with supporting documentation on the correct UKEX and
ATEX gas, zone, and temperature rating to ensure correct use in the UK market. All product is labelled with the source of origin in line with the key principle of product safety, which is traceability of products back to its source.
What About up to the Transition Date?
Not that this matters anymore, but the plan was that up until the transition date 31
st December 2024, the CE marked existing stock would have still been accepted. After this date products should have been marked sufficiently with the UKCA “Ex” labelling. If you're currently rocking the UKCA marking, don't worry, your products may be dual labelled to show their suitability for products in and outside of the UK market.
The Importance of Hazardous Area Classifications
The Dangerous Substances and Explosive Atmospheres Regulations (DSEAR) 2002 is a UK law that requires professionals to control and mitigate workplace risks of fire, explosion, and metal corrosion caused by hazardous substances. Applicable to workplaces where dangerous substances are stored, used, or produced, failure to comply with DSEAR can lead to costly fines and work-related injuries.
In many industries, there are explosive or dangerous hazards present, whether continuously, occasionally, or rarely. Hazards such as flammable gases, dangers of confined space entry, release of toxic gases and exposure to aggressive chemicals as examples. In addition, there’s direct contact with corrosive substances such as chlorine compounds, sulfuric acid, ammonia, and potassium hydroxide. There are several directives and regulations that offer guidance through this dangerous field – most importantly ATEX and DSEAR regulations. Practitioners need to undertake an explosion risk assessment and hazardous area classification to determine the accurate ATEX classification and zone. They need to ensure, not only that their equipment meets the safety standard for the zone in which it is used, but also provide suitable warning signs with adequate documentation such as an Explosion Protection Document (EPD). DSEAR bodies can be contracted to undertake an audit to ensure compliance.
Whether your work activities create, control or release flammable gases or vapours, such as vehicle paint spraying, exhausting toxic fumes from production activities, or you handle fine organic dusts such as grain flour or wood, a DSEAR audit will ensure you meet the relevant legislation for your industry and reduce the risk of serious injury or explosions.
DSEAR Explosion Risk Assessments
Most DSEAR explosion risk assessments will include the below processes:
- Initial consultation to assess your requirements and plan the assessment.
- Identify the directives and standards which apply.
- Identify and record the substances that present an explosion hazard and their properties.
- Complete an explosion hazard “area classification” that will list “sources of release” where hazardous substances may be released from equipment deliberately or accidentally and define the “zones” where they may mix with air and form an explosive atmosphere.
- Complete an “Ignition Risk Assessment” which will identify and analyse the ignition hazards such as sparks and hot parts that could ignite the explosive atmospheres. They will also assess whether the measures in place to prevent ignition conform to ATEX standards. Equipment zones will be identified.
- Putting information on substances, sources of release, zones and ignition hazards in the format required by the international standards
- Provide help with the ATEX Equipment Directive’s requirements for Notified Bodies, certificates, quality systems and Declarations of Conformity.
- Provide help with the ATEX Worker Directive’s requirements for markings and signs, PPE, instructions, emergency procedures, training and competence, inspections, and other organisational measures.
- Help to compile a technical file or explosion protection document with the information required by the directives.
- Provide you a report outlining areas of non-compliance and advice to help you rectify them
With the withdrawal of the UK from the EU, the DSEAR regulations will still apply, and current requirements remain in place. The UK Government has introduced the UKCA Ex (UK ATEX) for Ex products placed on the market with a transitional period until 2025.
Important Information
In line with the ATEX Directive it is strictly the responsibility of the end user to perform or contract a DSEAR risk assessment to ensure that
ATEX zones are properly defined in terms recognised by ATEX 2014/14/EU. Equipment manufacturers and distributors are not ATEX consultants and cannot play any role in the process of determining the risk of explosion and therefore cannot specify the ATEX code or zone for any product supplied. If you don’t provide this information, we will ask for it before quoting your industrial fan.
Contact our team on
[email protected] for more information on
ATEX fans.
