3 LEGISLATION Boiler systems are required to comply with different legislation, including a number of health and safety and environmental regulations, which are aimed at ensuring that new and existing boiler systems are continually designed, installed, operated and maintained in a safe manner. The principal sets of health and safety legislation that support the Health and Safety at Work etc. Act 1974 and apply to the use of boiler systems covered by this guidance are: x The Management of Health & Safety at Work Regulations (MHSWR);
x The Pressure Equipment (Safety) Regulations (PER); x The Pressure Systems Safety Regulations (PSSR); x The Provision and Use of Work Equipment Regulations (PUWER); and
x The Dangerous Substances and Explosive Atmospheres Regulations (DSEAR). With the exception of MHSWR and PER, all the regulations listed above are supported by Approved Codes of Practice (ACoP) and Guidance produced by the Health and Safety Executive (HSE), and available as free downloads from www.hse.gov.uk. There are numerous sets of environmental legislation applicable to steam boilers, including the Clean Air Act, the Industrial Emissions Directive, and the Environmental Permitting Regulations (including the Medium Combustion Plant Directive). Relevant legislation is addressed in the following text. Refer to Appendix 1 for a list of currently applicable legislation. It is the reader’s responsibility to ensure that they refer to the latest available version of any legislation or guidance. 3.1 The Management of Health and Safety at Work Regulations (MHSWR) The Management of Health and Safety at Work Approved Code of Practice (ACoP – L21) has been withdrawn and is no longer available. For those looking for information on how to manage risks in their business, HSE has a suite of guidance that will be able to help. Each level of guidance on HSE’s website offers appropri ately targeted information, focussed on making compliance as straightforward as possible. If you need basic information or are getting started in managing for health and safety, then the best place to look is Health and safety made simple: The basics for your business (INDG449). You should also consult: Safe management of industrial steam and hot water boilers. A guide for owners, managers and supervisors of boilers, boiler houses and boiler plant (INDG436). MHSWR apply to every employer and self-employed person who carries out any work activity whether or not they own or use a pressure system (all future references to employers in this guidance should be read to include self-employed persons). They impose a duty to manage all risks from any work activity, not only within the workplace itself, but also any risks to all persons (including any non-employees) who may be affected by the activity in question. Regulation 3 requires the completion of a suitable and sufficient risk assessment of the work activity in order to properly identify and adequately manage any risks. This is of central importance. The risk assessment must identify sensible measures to control identified risks that may otherwise result in injury or danger. Risk assessments for boiler systems are covered in more detail in the next section.
BG01 Guidance on the safe Operation of Steam Boilers Edition 2 – © 2019
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