168. (1) Subject to paragraph (2), this Part applies to a workplace where employees are potentially at risk from an explosive atmosphere.

(2) This Part does not apply to—

(a) areas used directly for and during the medical treatment of patients,

(b) the use of appliances burning gaseous fuels in accordance with Council Directive 90/396/EEC of 29 June 1990³ on the approximation of the laws of the Member States relating to appliances burning gaseous fuels as amended by Council Directive 93/68/EEC of 22 July 1993⁴,

(c) the manufacture, handling, use, storage and transport of explosives or chemically unstable substances,

(d) mineral extractive industries as referred to in the relevant statutory provisions, and

(e) the use of means of transport by land, water and air, to which the relevant provisions of the international agreements, including ADR, and the European Community directives giving effect to those agreements apply, but means of transport intended for use in a potentially explosive atmosphere shall not be excluded.