169. (1) An employer shall—

(a) where an explosive atmosphere is or is likely to be present at or may, from time to time, arise in a workplace, make a suitable and appropriate assessment of the risk arising from such explosive atmosphere to the employees concerned having regard to all the circumstances,

(b) in carrying out the assessment referred to in paragraph (a), have regard to—

(i) the likelihood that explosive atmospheres will occur and their persistence,

(ii) the likelihood that ignition sources, including electrostatic discharges, will be present and become active and effective,

(iii) the installations, substances used, work processes and their possible interactions,

(iv) the scale of the anticipated effects,

(v) any places which are or can be connected via openings to places in which explosive atmospheres may occur, and

(vi) such additional safety information as the employer may need in order to complete the assessment;

(2) Having carried out an assessment under and in accordance with this Regulation, an employer shall—

(a) prepare an explosion protection document, as soon as practicable and before the commencement of work,

(b) revise that document as necessary if the workplace, work equipment or organisation of work undergoes significant changes, extensions or conversions,

(c) include that document, or make reference to it, in the employer's safety statement and

(d) make that document or any revision of it available to the employees concerned.

(3) The employer shall specify in the explosion protection document each of the following:

(a) that the explosion risks have been determined and assessed;

(b) that measures have been or will be taken pursuant to this Part and that such measures are adequate having regard to the risks;

(c) the places which have been classified into zones in accordance with Regulation 170 and, in respect of such classification, where Schedule 10 applies;

(d) that the workplace and work equipment, including warning devices, are designed operated and maintained with due regard for safety and that, in accordance with Part 2, Chapter 1 and Part 7, Chapter 1, adequate arrangements have been made for the safe use of work equipment;

(e) the purpose of any co-ordination required by Regulation 175 and the measures and procedures for implementing it.

(4) An employer, in drawing up the explosion protection document, may combine existing explosion risk assessments, documents or other equivalent reports which have been prepared by or on behalf of the employer under any other enactment.