Regulation on the Protection of Workers from the Risks of Explosive Atmospheres

PART ONE

Purpose, Scope, Basis and Definitions

Purpose

ARTICLE 1. (1) The purpose of this Regulation is to set out the procedures and principles regarding the measures to be taken in order to protect workers, in terms of health and safety, from the risks of explosive atmospheres that may arise at workplaces.

Scope

ARTICLE 2. (1) This Regulation applies to workplaces that fall within the scope of the Occupational Health and Safety Law No. 6331 dated 20/6/2012 and where there is a possibility of an explosive atmosphere forming.

(2) However;

areas designated for the provision of medical treatment to patients and the provision of medical treatment,
the use of appliances within the scope of the Regulation on Gas-Burning Appliances (2009/142/EC) published in the Official Gazette No. 27892 dated 1/4/2011,
the production, processing, use, storage and transport of explosive substances and chemically unstable substances,
mineral extraction by drilling and underground and surface mineral extraction operations,
with the exception of any means of transport used in places where an explosive atmosphere may form, the use of land, air and waterway means of transport to which the relevant provisions of international treaties apply,

are outside the scope of this Regulation.

Basis

ARTICLE 3. (1) This Regulation;

has been prepared on the basis of Article 30 of the Occupational Health and Safety Law No. 6331 dated 20/6/2012,
in parallel with Directive 1999/92/EC of the European Parliament and of the Council dated 16/12/1999.

Definitions

ARTICLE 4. (1) For the purposes of this Regulation;

Law: refers to the Occupational Health and Safety Law No. 6331 dated 20/6/2012,
Explosion protection document: refers to the document prepared in order to protect the health and safety of workers from the risks of explosive atmospheres that may arise at workplaces,
Explosive atmosphere: refers to a mixture, under atmospheric conditions, of air and flammable substances in the form of gases, vapours, mists or dusts in which, after ignition has occurred, combustion spreads to the entire unburned mixture.

PART TWO

Obligations of the Employer

Prevention of explosions and explosion protection

ARTICLE 5. (1) In order to ensure the prevention of explosions and protection against them, the employer shall take technical and organisational measures appropriate to the nature of the operations carried out. When these measures are taken, the basic principles set out below and the order of priority given shall be observed;

to prevent the formation of an explosive atmosphere,
if the prevention of the formation of an explosive atmosphere is not possible due to the nature of the operations carried out, to prevent the ignition of the explosive atmosphere,
to take measures to mitigate the harmful effects of an explosion so as to ensure the health and safety of workers.

(2) The measures referred to in the first paragraph shall, where necessary, be taken together with measures to prevent the propagation of an explosion. These measures shall be reviewed at regular intervals and after any significant change at the workplace.

Assessment of the explosion risk

ARTICLE 6. (1) While carrying out risk assessment work in accordance with the Occupational Health and Safety Risk Assessment Regulation published in the Official Gazette No. 28512 dated 29/12/2012, the employer shall also take into account the following matters in the assessment of the specific risks arising from an explosive atmosphere:

the likelihood that an explosive atmosphere will occur and its persistence,
the likelihood that ignition sources, including static electricity, are present and become active and effective,
the installations present at the workplace, the substances used, the processes and their possible interactions,
the scale of the anticipated effects of an explosion.

(2) When assessing the risk of flammability or explosion, places that are open or can be opened to places where explosive atmospheres may form shall also be taken into account and assessed as a whole.

Making the workplace safe

ARTICLE 7. (1) In order to protect the health and safety of workers in accordance with the principles of protection against risks set out in Article 5 of the Law and the matters specified in Article 5 of this Regulation, the employer:

shall ensure safe working conditions in places where there is a likelihood of an explosive atmosphere forming that poses a danger to the health and safety of workers and other persons.
shall ensure, in accordance with the result of the risk assessment carried out, that appropriate technical measures are taken throughout the working period and that these parts are kept under supervision in places where there is a likelihood of an explosive atmosphere forming that poses a danger to the health and safety of workers.

Coordination duty

ARTICLE 8. (1) Where workers belonging to more than one employer are present at a workplace, each employer shall be responsible for all matters falling within its own area of control.

(2) At workplaces where there is a principal employer and subcontractor relationship, without prejudice to the responsibilities of the employers set out in the Law and other laws, the principal employer shall coordinate the implementation of the measures concerning the health and safety of workers and shall set out, in the Explosion Protection Document referred to in Article 10, the aim of this coordination and the procedures and measures necessary for its implementation.

(3) In places such as business centres, business buildings, industrial zones or estates where there is more than one workplace, coordination regarding the implementation of this Regulation among the workplaces shall be ensured by the management. The management shall warn the employers to take the necessary measures regarding the risks related to explosive atmospheres at the workplaces that will affect other workplaces. It shall report to the Ministry of Labour and Social Security those employers who do not comply with these warnings.

Classification of places where an explosive atmosphere may form

ARTICLE 9. (1) The employer;

shall classify places where an explosive atmosphere may form as set out in Annex 1.
shall ensure that the minimum requirements given in Annex 2 and Annex 3 are applied in the zones classified in accordance with subparagraph (a) of this paragraph.
shall place the signs given in Annex 4 at the entrances of places where an explosive atmosphere may form in quantities that could endanger the health and safety of workers.

Explosion protection document

ARTICLE 10. (1) While fulfilling the obligation referred to in Article 6, the employer shall prepare the Explosion Protection Document containing the matters set out in the second paragraph.

(2) In the Explosion Protection Document;

the fact that the explosion risk has been determined and assessed,
the measures to be taken to fulfil the obligations set out in this Regulation,
the places at the workplace classified in accordance with Annex 1,
the places where the minimum requirements given in Annex 2 and Annex 3 will be applied,
the fact that the design, operation, control and maintenance of work equipment, including workplaces and warning devices, is ensured in accordance with safety rules,
the conformity of all equipment used at the workplace with the Regulation on Health and Safety Conditions in the Use of Work Equipment published in the Official Gazette No. 28628 dated 25/4/2013 shall be set out in writing.

(3) The explosion protection document shall be prepared before work begins and shall be reviewed and updated in the event of significant changes, expansions or modifications to the workplace, work equipment or work organisation.

(4) The employer may combine the risk assessment, including the explosion risk, prepared in accordance with the legislation in force, with the documents and other similar reports.

Specific requirements for workplaces and work equipment

ARTICLE 11. (1) At workplaces where there is a likelihood of an explosive atmosphere forming, employers are obliged to comply with the following matters:

Work equipment manufactured for use before 26/12/2003 or used at the workplace in places where there is a likelihood of an explosive atmosphere forming must meet the minimum requirements set out in Annex 2.
Workplaces with parts where an explosive atmosphere may form shall be set up in accordance with the conditions specified in this Regulation.
In the event that any change, addition or modification is made at workplaces with parts where an explosive atmosphere may form, the employer shall ensure that compliance with the provisions of this Regulation continues.

PART THREE

Miscellaneous and Final Provisions

Repealed regulation

ARTICLE 12. (1) The Regulation on the Protection of Workers from the Risks of Explosive Atmospheres, published in the Official Gazette No. 25328 dated 26/12/2003, has been repealed.

Validity of explosion protection documents

PROVISIONAL ARTICLE 1. Explosion protection documents prepared under the provisions of the Regulation on the Protection of Workers from the Risks of Explosive Atmospheres, published in the Official Gazette No. 25328 dated 26/12/2003, shall be deemed valid.

Entry into force

ARTICLE 13. (1) This Regulation shall enter into force on the date of its publication.

Enforcement

ARTICLE 14. (1) The provisions of this Regulation shall be enforced by the Minister of Labour and Social Security.

ANNEX 1

CLASSIFICATION OF PLACES WHERE AN EXPLOSIVE ATMOSPHERE MAY FORM

In places where measures must be taken in accordance with Articles 5, 6, 9 and 10 of this Regulation, the classification system set out below shall be applied.

1, Places where an explosive atmosphere may form

Places where an explosive atmosphere may form in quantities that would require special measures to be taken to protect the health and safety of workers are deemed hazardous under this Regulation.

Places where there is no likelihood of an explosive atmosphere forming in quantities that would require special measures to be taken to protect the health and safety of workers are deemed non-hazardous under this Regulation.

Unless it is proven by investigation that mixtures of flammable and/or combustible substances with air will not independently cause an explosion, these substances are deemed to be substances capable of forming an explosive atmosphere.

2, Classification of hazardous places

Hazardous places are classified into zones on the basis of the frequency of formation of an explosive atmosphere and the duration of its persistence.

The measures to be taken in accordance with Annex 2 shall be determined according to this classification.

Zone 0

Places where an explosive atmosphere consisting of a mixture with air of flammable substances in the form of gas, vapour or mist is present continuously or for long periods or frequently.

Zone 1

Places where an explosive atmosphere consisting of a mixture with air of flammable substances in the form of gas, vapour or mist is likely to occur occasionally under normal operating conditions.

Zone 2

Places where, under normal operating conditions, an explosive atmosphere consisting of a mixture with air of flammable substances in the form of gas, vapour or mist is not likely to form, or where, if it does form, it persists only for a very short period.

Zone 20

Places where an explosive atmosphere in the form of a cloud of combustible dust in air is present continuously or for long periods or frequently.

Zone 21

Places where, under normal operating conditions, an explosive atmosphere in the form of a cloud of combustible dust in air is likely to occur occasionally.

Zone 22

Places where, under normal operating conditions, an explosive atmosphere in the form of a cloud of combustible dust in air is not likely to form, but where, if it does form, it persists only for a very short period.

Note: Places where combustible dust is present in the form of layers, deposits or heaps must be taken into account as another source capable of forming an explosive atmosphere.

ANNEX 2

MINIMUM REQUIREMENTS FOR PROTECTING THE HEALTH AND SAFETY OF WORKERS FROM THE RISKS OF EXPLOSIVE ATMOSPHERES

The requirements set out in this Annex apply to the following;

Places that can be defined as hazardous in accordance with Annex 1 due to the characteristics of the workplaces, workplace units, work equipment or substances used, or due to the risks arising from activities that may cause the risk of an explosive atmosphere.
Equipment that is necessary for, or that contributes to, the safe operation of equipment located in places classified as hazardous, but which is not itself located in the hazardous zone.

1. Organisational measures

1.1. Training of workers

The employer shall provide workers in places where an explosive atmosphere may form with adequate and appropriate training on explosion protection.

1.2. Written instructions and work permit

Where deemed necessary in the Explosion Protection Document;

Work in hazardous places shall be carried out in accordance with written instructions issued by the employer.
A work permit system shall be applied both for carrying out hazardous work and for carrying out other work that may cause danger by affecting other operations.

The work permit shall be issued in writing by a person who is authorised and responsible for this matter before work begins.

2. Explosion Protection Measures

2.1. Where flammable gases, vapours, mists or combustible dusts that may cause an explosion hazard are released, intentionally or unintentionally, they shall be appropriately directed or removed to a safe place; if this is not practically possible, other appropriate measures shall be taken to prevent their spread.

2.2. If the explosive atmosphere consists of several types of flammable and/or combustible gases, vapours, mists or dusts, the protective measure to be taken shall correspond to the highest risk.

2.3. In particular, in cases where workers and the working environment may be carriers or generators of static electricity, electrostatic discharges shall also be taken into account in preventing the ignition hazard referred to in Article 5 of this Regulation. In order to prevent the build-up of static electricity capable of igniting an explosive atmosphere, workers shall be provided with personal protective equipment made of suitable material.

2.4. Installations, equipment, protective systems and devices associated with them may be put into service if the Explosion Protection Document states that they can be used safely in an explosive atmosphere. This rule also applies to work equipment and connecting elements which are not regarded as equipment or protective systems under the Regulation on Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres (94/9/EC), published in the 4th repeating issue of the Official Gazette No. 26392 dated 30/12/2006, but which themselves constitute an ignition hazard at the places where they are installed in the facility. The necessary measures shall be taken to avoid any confusion with the connecting elements.

2.5. In order to minimise the explosion risk and, in the event of an explosion, to bring it under control and minimise its propagation to the workplace and work equipment, all necessary measures shall be taken in the design, construction, assembly and installation, maintenance, repair and operation of workplaces, work equipment and all devices associated with them. After each maintenance and repair, it shall be checked whether the conformity of the installation, equipment or protective systems with the Regulation on Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres (94/9/EC) continues, and the condition of their connections and assemblies shall be checked. Appropriate measures shall be taken to minimise the risk of workers being affected by the physical effects of an explosion at workplaces.

2.6. Where necessary, workers shall be warned by audible and/or visual signals and shall withdraw from the area before explosion conditions arise.

2.7. Where stated in the Explosion Protection Document, an evacuation system shall be installed and kept operational at all times so that, in the event of danger, workers can withdraw immediately and safely from the hazardous zone.

2.8. At workplaces with parts where an explosive atmosphere may form, it shall be proven, before operations begin, that the explosion safety of the entire workplace has been ensured. All conditions shall be met to ensure explosion protection. The proof that explosion safety has been ensured shall be carried out by competent persons who have received training in and/or are experienced in explosion protection.

2.9. Where required by the risk assessment carried out;

In cases where any power failure could give rise to additional risks, it must be possible for the equipment and safety systems to be used in such a case to continue to operate safely independently of the rest of the installation.
When any deviation from the intended operating conditions occurs in automatic processes, manual intervention may be carried out on the equipment and protective systems connected to the automatic system, provided that safety is not endangered. This intervention shall be carried out only by workers authorised for this task.
In the event of an emergency shutdown of the system, the accumulated energy shall be discharged as quickly and safely as possible or isolated so as not to constitute a hazard.

ANNEX 3

CRITERIA TO BE OBSERVED IN THE SELECTION OF EQUIPMENT AND PROTECTIVE SYSTEMS

Unless otherwise stated in the explosion protection document prepared on the basis of the risk assessment, equipment and protective systems in all places where an explosive atmosphere may form shall be selected according to the categories specified in the Regulation on Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres (94/9/EC).

In particular, for gases, vapours, mists and dusts, equipment of the category given opposite shall be used in the zones specified below.

Zone 0 or Zone 20: Category 1 equipment,

Zone 1 or Zone 21: Category 1 or 2 equipment,

Zone 2 or Zone 22: Category 1, 2 or 3 equipment.

Note: Work equipment manufactured after 26/12/2003 or used at the workplace in places where there is a likelihood of an explosive atmosphere forming must meet the minimum requirements set out in Annex 2 and the criteria set out in this Annex.

ANNEX 4

WARNING SIGN FOR PLACES WHERE AN EXPLOSIVE ATMOSPHERE MAY FORM

The warning sign for places where an explosive atmosphere may form shall be triangular in shape, with a black border, black lettering on a yellow background, with the yellow background covering at least 50% of the area of the sign, in the shape and colours specified below.