Why ATEX 99/92/EC is the operator’s directive

If 2014/34/EU is the manufacturer’s ATEX directive, 99/92/EC is the operator’s. They are complementary :

• 2014/34/EU : you can SELL Ex equipment in the EU if you certify it correctly
• 99/92/EC : you can OPERATE a facility with hazardous areas if you manage it correctly

Both must be respected. A facility with correctly-certified equipment but no Explosion Protection Document = non-compliant. A facility with a thorough EPD but uncertified equipment = also non-compliant.

The Explosion Protection Document (EPD)

Article 8 of the Directive requires every operator with hazardous areas to maintain an EPD containing :

1. Risk assessment for explosion hazards specifically (not generic occupational risk assessment)
2. Area classification document (per IEC 60079-10-1/2)
3. Identification of hazardous places, marking, signage
4. Technical and organizational protection measures
5. List of competent persons with their roles and authority
6. Inspection and maintenance regime (links to IEC 60079-17)
7. Records of inspections, training, hot work permits
8. Equipment categories required per zone (per Annex II of the Directive)
9. Coordination between employers if multiple companies work in the area (e.g., refinery + contractor)

The EPD is a living document — updated whenever the facility changes (new process, new equipment, new substance handled). Reviewed at least annually.

Hot work — where most incidents happen

Statistics : the vast majority of major industrial fires/explosions involve hot work (welding, cutting, grinding) in or near hazardous areas. The risk pattern is well-known but still kills people regularly.

ATEX 99/92/EC requires a permit-to-work system for any hot work in hazardous areas :

1. Gas-free test BEFORE work begins (continuous gas monitor reading 0% LEL)
2. Continuous monitoring during work (gas monitor active)
3. Hot work permit signed by competent person, time-limited (usually shift)
4. Fire watch : second person continuously observing for first fire
5. Post-work watch : 30-60 min after work ends to catch slow-developing fires
6. Clear distance from sources of release OR temporary process isolation

Skipping any of these steps is gross negligence legally — likely criminal liability if an incident occurs.

Worker training

Article 4 requires specific training :

• Basic Ex awareness for all personnel entering hazardous areas
• Detailed training for personnel working on Ex equipment
• Refresher training at defined intervals

Typical company structure :

• All site personnel : 1-day basic Ex awareness (annual refresher)
• Maintenance technicians : 3-day Ex fundamentals
• Ex-competent persons : 5-day comprehensive Ex training + exam
• Designers / inspectors : IECEx CoPC or TÜV Ex Engineer certification

Training records must be kept and produced on audit.

Marking and signage

Article 7 mandates visible marking at the boundary of each hazardous area. The pictogram :

┌───────┐
│  ╲    │     EX
│ ╲ EX  │     Hazardous area
│   ╲   │     Zone 1
└───────┘

(Yellow triangle with “EX” in black, plus zone designation)

Workers entering the area know which zone they’re in and what protective measures apply.

Coordination between operator and contractors

A common scenario : an oil refinery (the operator) hires a maintenance contractor for shutdown work. Both companies have ATEX obligations :

• Refinery (operator) : maintains EPD, area classification, ensures fixed equipment is correctly certified, defines hot work permit procedure
• Contractor : ensures their workers are trained, their tools are Ex-rated when used in zones, their work follows the operator’s permit procedure

Pre-work coordination meeting documented in the EPD. Contractor’s Ex competence verified before they can work in zones.

Penalty regime

Penalties for ATEX 99/92/EC non-compliance vary by Member State but typically include :

• Administrative fines (5-50k€ per finding common)
• Operational suspension of the affected area until non-compliance corrected
• Criminal liability for management if non-compliance contributed to a serious incident

The Buncefield disaster (UK, 2005) and Texas City (US, 2005, equivalent US regime) led to fines exceeding £10M and several years of imprisonment for managers in cases of gross negligence.

How it fits with IEC 61511 (Functional Safety)

ATEX 99/92/EC and IEC 61511 cover different aspects of process safety :

• ATEX 99/92/EC : prevent ignition of a flammable atmosphere
• IEC 61511 : prevent runaway processes that could create flammable atmospheres OR cause other hazards

A complete process safety strategy uses BOTH. The Process Safety Management (PSM) regulation in the US, the Seveso III Directive in the EU integrate these dimensions at the regulatory level.