How do I find whether new Government Decree No. 406/2004 Coll., on more detailed requirements for provision of safety and protection of health at work applies to me?
You will answer this question best yourself if you answer yes to a simple question: Do I handle flammable substances (gases, vapours, liquids, dusts) which may create dangerous atmosphere due to explosion?
Does Government Decree No. 406/2004 Coll. applies to work with explosive and chemically unstable substances?
Government Decree No. 406/2004 Coll., does not relate to work with explosive and chemically unstable substances. It needs to be stressed that during the production of explosives, components, solvents, chemicals may be used which may form explosive atmosphere and then Government Decree No. 406/2004 Coll. (ATEX 137) applies to these entities.
We produce frozen products. Is there a risk of explosion during the production?
Probably, there would be no danger from the products as such (dust) but there will be a risk due to the cooling medium, e.g. ammonia, in the case of accidental leak. It would be necessary to submit more documents for assessment.
What are the sanctions for non-compliance (non-performance) of Government Decree No. 406/2004 Coll. requirements?
Supervision over this government decree is performed by regional inspectorates of safety at work which are authorized to sanction entities for non-performance of requirements.
In the case that I will have the Explosion protection document (EPD) processed by an external companies, who will bear full responsibility for its correctness?
Government Decree No. 406/2004 Coll. imposes obligations to the employer to meet the minimum requirements for the provision of safety at work. The liability before the supervision bodies may also be borne by an external company, but this is then a subject of a commercial contract.
We own a warehouse with paints, does Government Decree No. 406/2004 Coll. (ATEX 137) apply to us, as well?
Yes. Paints (coating compositions) are generally deemed flammable substances. (Attention! Water-soluble paints may have flashpoint and therefore, they may be flammable).
We own petrol stations, does Government Decree No. 406/2004 Coll. apply to us, as well?
Yes. Fuels are flammable liquids and therefore the Explosion protection document (EPD) applies to them.
Should this new Government Decree No. 406/2004 Coll. be first communicated to all the equipment suppliers so that they proceed during their installation in accordance with this Decree and I would not need to invest again upon finding later that the installation is not in compliance with this Decree?
Government Decree No. 406/2004 Coll. (ATEX 137) relates to and imposes obligations to employers. Upon the new technology introduction, the employer must have processed the Explosion protection document (hereinafter only “EPD”) as at the date of commissioning. A good practice is that during the time schedule of work on the technology introduction (project preparation, supply), the work on EPD is performed so that the investor (employer) avoids the problem mentioned by you. As for the suppliers of equipment for environment with danger of explosion, they are subject to Government Decree No. 116/2016 Coll. (2014/34/EU).
We do not know anything about this new Government Decree No. 406/2004 Coll., is it possible to provide the training of our employees somewhere?
Yes. Our company offers seminars to this Decree. It is also possible to provide training at the customer which is adjusted to the demands and issues of the customer.
If this Government Decree No. 406/2004 Coll. applies to our company, shall our employees be trained somehow?
Trainings of employees and responsible persons exposed to risks of explosive environment is necessary. It is ordered by Government Decree and it must be a part of the Explosion protection document (EPD).
The auditing body will only check the correctness of the Explosion protection document (EPD) or also the adopted technical measures according to the documentation processed?
Inspectorates of safety at work will check whether the Explosion protection document (EPD) will be processed and updated and naturally the implementation of the measures adopted. Inspectorates may determine corrective measures with the deadlines of their removal.
What cost may Government Decree No. 406/2004 Coll. bring?
Amount of costs is individual. For better orientation, we state the scope of technical and organizational measures which this Decree may bring:
- preparation of the Explosion protection document (EPD),
- introduction of zones classification, warning signs, etc.,
- related to increased supplies of power and utilities or wage costs,
- technical measures, technology replacement, anti-explosion measures, construction work,
- employees’ trainings,
- overhead costs