FAQ

Frequently Asked Questions

If the technological process uses or stores materials that can form explosive atmospheres, an EHA must be prepared. This obligation follows from the Regulation of the Minister of the Interior and Administration of 7 June 2010 on fire protection of buildings, other structures and areas (Journal of Laws 2010 No. 109, item 719, as amended).

If there is a possibility of an explosive atmosphere occurring in workplaces at your facility, you are required to carry out an ERA and prepare an EPD. This obligation follows from the Regulation of the Minister of Economy of 8 July 2010 on minimum occupational health and safety requirements related to the possibility of an explosive atmosphere occurring in the workplace (Journal of Laws 2010 No. 138, item 931).

They can be, but they do not have to be – the ERA may form part of the EPD.

Yes, if the workplace, work equipment, or the organisation of work undergoes major changes, expansion, or restructuring.

The EHA should be in the possession of the investor, designer, or the user who decides on the technological process, for example the employer. The law does not require this document to be prepared personally, so it can be commissioned to a specialised company, such as ours.

This obligation rests with the employer. The law does not require this document to be prepared personally, so it can be commissioned to a specialised company, such as ours.

Examples of industries in which these documents are typically prepared include:

  • energy industry, for example power plants and combined heat and power plants;
  • chemical industry, for example petrochemical plants, paint manufacturers, plastics manufacturers;
  • fuel industry, for example petrol stations;
  • food industry, for example sugar refineries, food and confectionery producers, grain and milling plants;
  • wood industry, for example sawmills, wood-based panel and furniture factories;
  • aviation industry, for example factories producing aviation parts and subassemblies;
  • paper industry, for example factories producing paper, cardboard and cellulose.

No – the current regulations do not require the EHA to be approved by a Fire Protection Expert.

The regulations do not specify any particular formal qualifications. What matters is that the person acting on behalf of the company preparing these documents has specialist experience confirmed, for example, by testimonials from completed projects and relevant training.

The key information includes:

  • a list of locations where an explosive atmosphere may occur;
  • a layout and location of the facility or process installation;
  • a list of substances (gases, liquids, dusts);
  • a brief process description, if available.

If you do not have this information, we can determine the scope of work individually during a site visit at your facility.

You can send us a dust sample and we will test it for you. When you place an order, we will provide all information needed to carry out the procedure efficiently.

Dusts capable of forming explosive atmospheres may include:

  • coal dust,
  • wood dust,
  • biomass dust,
  • grain dust,
  • flour dust,
  • sugar dust,
  • cocoa dust, 
  • plastic dust,
  • textile dust,
  • chemical raw-material dust,
  • metal dust, for example aluminium, magnesium, titanium, iron, etc.

An explosion is primarily a violent phenomenon associated with a very rapid rise in temperature and pressure (a pressure wave). In industry, explosions and fires can occur separately or be interdependent.

An explosive room is a room in which an explosive mixture may form as a result of the release of such an amount of flammable gases, vapours, mists, or dusts that an explosion could cause a pressure increase in that room exceeding 5 [kPa]. When preparing an EHA, such rooms must be identified.

Potentially explosive spaces are, by contrast, spaces where an explosive atmosphere may occur in quantities requiring special measures to ensure occupational health and safety.

The cost depends primarily on the type and number of parameters to be determined for the dust sample, which means that an individual quotation is required.

The cost depends primarily on the facility’s location, size and complexity, as well as the technology being assessed. Each client receives an individual quotation based on the information provided and the documentation submitted, or on a site visit carried out at the facility.

No – the EHA is prepared first, because it is required to obtain a building permit. Then, before the employer makes the workplace available, the ERA and EPD are prepared.

Yes – the employer should ensure that employees working in areas where an explosive atmosphere may occur receive appropriate explosion protection training as part of mandatory occupational health and safety training.

The key documents are the operating instructions and the EU declaration of conformity under ATEX Directive 2014/34/EU. In addition, equipment with the highest safety level must have an EU type-examination certificate issued by a Notified Body to the equipment manufacturer.

No – for category 3 electrical equipment and category 2 and 3 non-electrical equipment, the conformity assessment procedure does not require the involvement of a Notified Body.

No – in dust explosion hazard zones, only explosion-proof (Ex) equipment that is correctly selected for the designated zone and the flammable substance forming the explosive atmosphere, and compliant with ATEX Directive 2014/34/EU, should be used.

These are standards that provide technical and design guidance, test procedures, and methods for documenting compliance. They are published in the Official Journal of the European Union. If a manufacturer fully complies with a harmonised standard, it may presume conformity with the essential requirements of ATEX Directive 2014/34/EU, which helps simplify and shorten the conformity assessment process.

No – for a machine to operate safely in an explosion hazard zone, it must also comply with ATEX Directive 2014/34/EU, which requires an appropriate conformity assessment procedure. In addition to compliance with the Directives, the machine must be correctly selected for the designated zone and the flammable substance forming the explosive atmosphere, and it must be correctly marked.

Machine Safety

Responsibility depends on the machine type:

  • New machine – responsibility lies with the manufacturer or the entity placing the machine on the market. It must ensure compliance with the Machinery Directive 2006/42/EC and CE marking.
  • Second-hand machine – responsibility lies with the employer who makes the machine available to employees. The employer must ensure that the machine meets the minimum safety requirements set out in regulations.

A risk assessment is a key stage of the machine safety assurance process, required by law and by international standards (in particular
PN-EN ISO 12100). It is a systematic, documented process of identifying all potential hazards that may arise throughout the machine’s life cycle: from design and installation, through normal operation, maintenance and servicing, to dismantling or scrapping.
Its purpose is to determine whether the level of risk associated with using the machine is acceptable and to indicate the technical and organisational measures needed to eliminate the risk or reduce it to an acceptable level.

Yes – every new machine placed on the market or put into service in the European Union must bear the CE marking and have a declaration of conformity. This confirms compliance with the safety requirements set out in the Machinery Directive 2006/42/EC and harmonised standards.

Technical documentation should include:

  • a description of the machine’s design;
  • electrical and hydraulic diagrams;
  • results of calculations, examinations and tests;
  • a risk assessment report;
  • a copy of the declaration of conformity;
  • operating and maintenance instructions.

A machine safety audit should be carried out:

  • after any modernisation or change to the technological process;
  • after an accident or incident involving the machine;
  • periodically – it is recommended at least every 5 years, to confirm continued compliance with current legal and technical requirements.

An EC declaration of conformity is a document in which the manufacturer or its authorised representative confirms that the machine meets all applicable requirements of EU directives and harmonised standards. It is required for lawful CE marking and for placing the machine on the market.

  • the manufacturer;
  • the manufacturer’s authorised representative;
  • a person or company placing the machine on the market;
  • an entity carrying out a significant modernisation of the machine;
  • the importer or distributor.

These requirements primarily apply to used machines. Their purpose is to ensure that machines in use do not pose a threat to employees’ health and lives, even if they were manufactured before the Machinery Directive entered into force and do not bear the CE marking. In other words, a machine does not have to meet all EU directive requirements if it is not new, but it must be safe to use and meet minimum protection standards. Ensuring compliance is the employer’s responsibility: the employer must regularly check machines’ technical condition, eliminate identified non-conformities, and provide appropriate protective measures for employees.

Essential requirements are fundamental safety and health protection requirements that must be met by every new machine placed on the market or put into service in the European Union. They are set out in the Machinery Directive 2006/42/EC and in national regulations implementing that directive.

A manufacturer’s authorised representative is a natural or legal person established in the European Union who acts on behalf of a non-EU manufacturer with regard to specified obligations related to the product’s compliance with EU legal requirements. In other words, if a machine manufacturer is established outside the EU (for example in China or the USA), it cannot independently place its products directly on the European market. In that case, it must appoint a representative in the EU, who will represent it before market surveillance authorities (for example the Office of Competition and Consumer Protection (UOKiK), the National Labour Inspectorate (PIP), the Office of Technical Inspection (UDT)). The MAR may also be an entity authorised by the machine manufacturer to sign the declaration of conformity on its behalf, on the basis of an authorisation and a separate agreement.

The conformity assessment procedure is a set of actions, tests and documentation enabling a manufacturer, importer or entity placing a machine on the EU market to confirm that the product meets all essential requirements set out in EU directives (for example the Machinery Directive 2006/42/EC, the Low Voltage Directive, etc.). Its purpose is to ensure that the machine is:

  • safe to use;
  • compliant with applicable standards and regulations;
  • ready for lawful CE marking and placement on the EU market.

The employer is not the machine manufacturer, but its occupational health and safety responsibilities are extensive. The employer is primarily responsible for ensuring that machines used at the workplace meet minimum safety requirements and are operated safely for employees. However, the employer is not responsible for the machine’s design or compliance with the Machinery Directive – this is the responsibility of the manufacturer or the entity placing the machine on the market.

An EC declaration of conformity is a statement by the manufacturer or the entity placing a machine on the market that the machine meets all applicable EU essential requirements and may bear the CE marking. Formally, the declaration has no expiry date, but its effectiveness may lapse in the following situations:

  • significant modernisation or modification of the machine;
  • changes to legal requirements or harmonised standards;
  • deterioration of the machine’s technical condition;
  • inability to verify the documentation or obtain support from the manufacturer.

A machine must be placed on the market with a notified body’s involvement when:

  • it is a high-risk machine listed in Annex IV to the Machinery Directive;
  • it requires a conformity assessment procedure under modules that obligatorily involve an NB (B+C, H, G);
  • it is non-standard or specialist and the manufacturer cannot independently demonstrate conformity with essential requirements.

An EC type examination is a formal process in which a Notified Body (NB) assesses whether a machine or device type meets all essential safety and health protection requirements set out in EU directives. Its purpose is to confirm that the machine’s design, construction and safety functions comply with regulations before it is placed on the EU market and CE marked.

Fire Protection

The owner or manager of a facility must ensure that fire protection systems are operational, carry out regular inspections, prepare and update the fire safety manual (FSM), mark evacuation routes, and train employees in fire protection.

The main regulations and standards are:

  • the Fire Protection Act;
  • the Regulation of the Minister of the Interior and Administration on fire protection of buildings, other structures and areas;
  • Polish Standards (PN) relating to fire protection systems.

Our company operates in accordance with current legal requirements and the guidelines of the State Fire Service.

In practice, the document may be prepared by:

  • a fire engineer or fire technician;
  • a fire safety expert;
  • a fire protection specialist with relevant experience;
  • a trained person with qualifications confirming knowledge of fire protection regulations, for example a fire protection inspector.

There is no requirement for an FSM to be prepared exclusively by a fire safety expert, but the person preparing it must have the knowledge and professional qualifications needed to prepare the documentation correctly.

Yes. We support investors and facility managers in the acceptance process carried out by the State Fire Service. We prepare the required documentation, participate in the technical acceptance inspection, and ensure that all installations comply with applicable regulations.

Yes. We carry out fire protection audits and assess the condition of fire protection measures. We verify compliance with regulations, identify potential hazards, and prepare a report with corrective recommendations.

A fire safety expert report is a technical document that:

  • analyses the facility’s fire protection status;
  • identifies non-compliance with regulations;
  • indicates alternative or compensatory solutions;
  • often forms the basis for agreeing deviations from regulations (based on Article 6a of the Fire Protection Act).

The law states that inspections of fire protection systems should be carried out at least once a year. For certain systems (for example sprinkler or smoke extraction systems), more frequent checks are recommended—every 6 months or in accordance with the manufacturer’s guidelines. Regular inspections are crucial for safety and are required by fire regulations.

A waste management plan is a document describing how waste is managed in a given facility or enterprise. It specifies, among other things:

  • what types of waste will be generated at the facility;
  • the quantities of individual waste types (tonnes/year);
  • how waste will be stored, transported and handed over;
  • and which entities are responsible for its collection and disposal.

The plan is necessary to confirm that the investor’s or company’s waste management will comply with environmental regulations and will not pose a threat to people or nature.

A fire investigation expert report is a document prepared after a fire, intended to determine its causes, course and consequences. It is aimed at establishing what led to the fire, how it spread, whether fire protection measures worked correctly, and whether the incident could have been avoided.

It most often includes:

  • reviewing fire protection documentation;
  • a site visit and assessment of technical safety measures;
  • identifying non-compliance and potential risks;
  • substantive and formal advisory support;
  • a simulated fire audit (a preliminary audit).

A trial evacuation (evacuation drill) is a practical check of how evacuation arrangements work under realistic conditions—both staff response and safety systems. Its purpose is to assess the effectiveness of evacuation procedures and prepare employees to behave appropriately in the event of fire, smoke, a gas leak or another life-threatening hazard.

Evacuation drills in facilities where more than 50 people are present at one time (who are not permanent users of the facility) must be carried out at least once every 2 years. In practice, many organisations (especially manufacturing, retail and office sites) conduct such drills annually as part of fire prevention programme.

Responsibility for organising and conducting drills lies with:

  • the owner, manager or user of the facility;
  • a fire protection specialist;
  • and, in some cases, a fire safety expert or an external company specialising in fire protection training.

The drill may also be carried out in cooperation with a State Fire Service unit.

No, not every building requires a fire safety manual (FSM). The obligation applies only to selected facilities specified in the Regulation of the Minister of the Interior and Administration of 7 June 2010 on fire protection of buildings, other structures and areas.

An FSM is required for facilities with a gross cubic capacity exceeding 1,000 m³ or a fire compartment area greater than 1,000 m² (this applies to facilities other than buildings). The obligation also covers public utility buildings, collective residential buildings, production, warehouse and livestock buildings (with a cubic capacity above 1,500 m³). It is also required if an explosion hazard zone exists in the facility, regardless of its dimensions..

The fire safety manual should be updated at least once every 2 years,
and after any change in building use or any changes affecting fire safety (for example upgrades to installations, changes in functional layout, refurbishment, or replacement of fire protection systems).