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Procedural instruction

No.: VA-UW-15 Index: 0

05.10.2010

Title:

Spare parts for equipment in explosive areas

Contents: 1. Purpose 2. Field of application 3. Abbreviations/terms 4. Responsibilities 5. Description 6. Deviation from the rule 7. Annexes

1. Purpose This procedural instruction regulates the procedure to be taken for orders of spare parts that are used in equipment with explosion protection system. The measures described serve for protecting the health and safety of persons inside explosive areas. We at FHF Funke + Huster Fernsig GmbH see it as our job to inform our customers. We therefore always follow our procedure and the principle of this: “Protecting People” This procedural instruction also serves as information for the operator. Accordingly, we at FHF Funke + Huster Fernsig GmbH inform our customers that all legal requirements of industrial safety and environmental protection are to be complied with during the corrective maintenance of electrical installations in explosive areas. Foreword In view of the vast number of federal and state laws, EU directives, municipal statutes, administrative regulations, standards and the generally acknowledged rules of technology, this procedural instruction can only provide an overview of the legal bases and the consequences resulting from these. The obligations and tasks incumbent upon the operator of installations in explosive areas in terms of organisation in the enterprise and the electrical equipment installed there as well as the
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corrective maintenance of the latter, and the resulting risks and liability, are already stipulated in the German Civil Code and elsewhere.

Important aspects – obligation violation and liability risk of the operator

Bringing the level of knowledge up to date with regard to all relevant legal regulations is a time-consuming undertaking. The implementation and observance of laws and ordinances in an enterprise always cause considerable problems. Non-compliance with operator obligations is a violation of legal regulations. Violating an obligation with intent or negligence is an illegal act, a crime - a punishable offence for which the operator is liable.
§25, §26 of the ordinance on industrial safety and health (BetrSichV)

The legal consequences of a culpable violation of an obligation, whether in terms of civil, criminal or public law, can go from the compensation of damages or shut-down right through to imprisonment and professional bans.

2. Field of application Spare parts for repairs, overhauls, reclamation. Spare part supplies for equipment used in explosive areas.

3. Abbreviations, terms Abbreviations Internal abbreviations at FHF: VV = sales/shipment ZW = approvals department External abbreviations with definitions: ATEX BGV BetrSichV TRBS VDE = Atmosphere Explosive = Workplace guidelines for health and safety in the workplace = Ordinance on industrial safety and health from 27.09.2002 = Technical rules for operating safety = German association for electrical, electronic & information technologies. = Ex marking
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3.2 Terms Corrective maintenance Unplanned procedures for keeping equipment in its normal state. For the purpose of simplification, “corrective maintenance” stands in this procedural instruction for: • Repair - overhaul – reclamation Repair (VDE 0165-20-1) Procedure whereby the normal state of defective equipment is restored in compliance with the relevant standard. Note: The relevant standard is the standard according to which the equipment was originally designed (certification documents). Overhaul (VDE 0165-20-1) Procedure whereby the normal state of equipment in use or in storage for a long time, but not defective, is restored. Reclamation (VDE 0165-20-1) Possibility of repair, which includes for example the removal or addition of materials for reclaiming damaged components, in order to restore the normal state of such parts in compliance with the relevant standard. Change (BetrSichV § 2 definitions) Measure whereby the safety of the installation is controlled. Any corrective maintenance which controls the safety of the installation is also considered a change. Operation (DIN/CVDE 0105 part 1) The operation of an installation includes the operating and working, monitoring and maintaining among other things. The person responsible for the operation is the operator, the user of the equipment. Operator, user (owner, entrepreneur) The operator is “any natural or legal person” who operates or owns the installation. Equipment The term equipment also covers all items of equipment of a protective system which are directly connected with the work procedures of operation. Spare part (components) Are items, individual parts of a building group, of an installation or system, of a technical complex. A part which replaces a defective part of a product in order to restore an original function. Referred to exclusively as a “spare part” in this procedural instruction. Electrical specialist Person who can evaluate work assigned to him and recognise possible dangers thanks to his specialist training, knowledge and experience as well as his knowledge of relevant standards.
Source: BGV A3 §2 (3)

Continuation of 3.2 Terms
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Qualified person The qualified person for explosion protection tests must have completed appropriate technical professional training in order to perform the necessary evaluations of the safety aspects concerned, or have another technical qualification sufficient for the intended testing tasks, providing a guarantee that the tests will be carried out correctly.
Source: BetrSichV § 2 (7), §14 paragraph 1 to 3 and 6 as well as § 15; TRBS 1203/1203 1

Accreditation The qualified person must be accredited by the authority responsible for these inspections.
Source: § 14 paragraph 6 BetrSichV Source: TRBS 1203 part 1 Qualified persons - special requirements - explosion hazards 3.1 Accreditation

Inspections- inspection before start-up There is important information in the TRBS as to the types of test, scope of testing, specification of the qualified person assigned with carrying out the test, the objective and content of the check as well as the documentation.
Source: TRBS 1201 part 1 - Testing of systems in explosive areas and checking of workplaces in explosive areas; BetrSichV § 14 (1) Test before start-up

Manufacturer The manufacturer of the equipment (which may also be the supplier, importer or dealer), in whose name the certification of the equipment, if applicable, was normally registered originally.

4. Responsibilities Managers of sales, development/design, quality management, quality and approvals department as well as their employees.

5. Spare parts for equipment with explosion protection system 5.1 Introduction 5.2 Operator responsibility 5.3 Excerpt of important regulations/information with sources 5.3.1 Ordinance on industrial safety and health BetrSichV § 6, § 12, § 14 5.3.2 ATEX 1999/92/EC - ATEX 94/9/EC 5.3.3 VDE series 125 - VDE series 65 5.3.4 ATEX guidelines 5.4 Data acquisition by sales forwarding to the approvals department (ZW) 5.5 Additions 5.6 Guarantee clause 5.7 Non-liability reference

5.1 Introduction If the entrepreneur performs the corrective maintenance himself, he has to ensure that electrical installations and equipment are only maintained by an electrical specialist or under the guidance and supervision of an electrical specialist. BGV A3 § 3 Principles
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At the end of a considerable change or of corrective maintenance, the tester has to carry out the “test before start-up” for which he is responsible. He can merely find out something about the objective and content of the test and the documentation and other regulations by reading the standards. “How” he is to test must be decided on by the electrical specialist himself as a “qualified person”. The responsibility of the operator prevails.
BetrSichV § 14 (1) Test before start-up

5.2 Operator responsibility The entrepreneur has to ensure that the electrical installations and equipment are operated according to the electrotechnical rules. The entrepreneur (employer, operator) alone is responsible for the safe operation of electrical installations and equipment.

The operator of the equipment should keep abreast of any relevant legislation if he intends to perform the repair or overhaul of the equipment himself. […]
Source: DIN EN 60079-19 (VDE 0165-20-1) (IEC 60079-19) Explosive atmosphere - part 19: Equipment repair, overhaul and reclamation 4.2.2 Operator

5.3 Excerpt of important regulations/information with sources (a selection) The operator responsibility is shown by the following regulations and others. The following named regulations or excerpts of passages cited are just some of the important information from different sources. The most recent editions are to be taken from the respective regulation for further sources and information see Annex 5.6 and Annex: Compilation (selection) of important laws, directives, regulations and ordinances.

5.3.1 Ordinance on industrial safety and health (excerpts) Source: BetrSichV - ordinance on industrial safety and health from 27.09.2002 Title: Ordinance on safety and health protection in the provision of equipment and its use at the workplace, on safety during the operation of installations subject to inspection and on the organisation of occupational health and safety.

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§ 6 Explosion protection document (1) The employer has […] to ensure in the context of his obligations in accordance with § 3 that a document (explosion protection document) is drawn up and kept up to date. […] (3) The explosion protection document is to be drawn up before the work is commenced. It is to be revised if changes, extensions or restructuring of the work equipment or work process are carried out. § 12 Operation (1) Installations requiring inspection must be assembled, installed and operated according to the state of the art. In adhering to the state of the art, the rules and findings determined by the ABS (committee for operating safety) and published by the BMAS (federal ministry for labour and social affairs) in the federal labour gazette or in the joint ministerial gazette are to be considered. […] (3) Whoever operates an installation requiring inspection has to keep it in normal state, monitor it, perform necessary corrective maintenance or maintenance work immediately and take the safety precautions required by the circumstances. § 14 Test before start-up (1) An installation requiring inspection may only be put into operation for the first time and following a considerable change if the installation has been tested by an approved inspection body for its normal state in terms of assembly, installation, set-up conditions and reliable functioning, taking the intended mode of operation into consideration. […] (6) If a piece of equipment, protective system or a piece of safety, control or regulation equipment has undergone corrective maintenance in the sense of directive 94/9/EC with respect to a part on which explosion protection depends, then, in deviation from paragraph 2, it may be put back into operation only after the approved inspection body has ascertained that it meets the requirements of this ordinance in terms of the essential characteristics for explosion protection and after this body has issued a relevant certificate in accordance with § 19 or has given the equipment, protective system or safety, control or regulation equipment a mark of conformity. The tests according to sentence 1 may also be carried out by qualified persons from an enterprise as far as these persons are accredited by the authority responsible for the testing of the equipment, protective systems or safety, control or regulation equipment that undergo corrective maintenance by this enterprise. […]

5.3.2. EU directive 1999/92/EC - ATEX operator directive EU directive 94/9/EC - ATEX product directive (manufacturer directive) Special attention must be paid to the operator directive as well as the manufacturer directive both directives are mandatory.

5.3.3 VDE series 125 - VDE series 65 Detailed information on the topic can be found in the VDE series 125.
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You will find both legal and normative background as well as practical instructions of action for testers.
Source: VDE series 125 Testing of electrical installations, safety-related equipment and testing of explosion protection

The VDE series volume 65 is one supplement
Source: VDE series 65 Explosion protection according to DIN VDE 0165 and the ordinance on industrial safety and health

5.3.4 ATEX guidelines
ATEX guidelines, 2
nd

edition, 07/2005, current version 08/2008

ATEX guidelines 7

Old products, repaired or modified products and spare parts Repaired product (ATEX guidelines 7.6) These are products where functionality was restored following a defect, without new characteristics having been added or any other modification having taken place. Since the repair is carried out after the product has been put into circulation and the product is not to be sold as a new product, the following applies: The ATEX directive 94/9/EC product directive is not applicable. This does not rule out that, due to national regulations [...], a form of evaluation of the repaired product could still be necessary. Spare parts (ATEX guidelines 7.7) These are parts which are to replace a defective or worn part of a product which had been previously put into circulation and into operation within the EU. A typical repair would be exchanging for a spare part. […] The manufacturer of the spare part is not normally obligated to fulfil directive 94/9/EC if the spare part is not a piece of equipment or a component in accordance with the definition of the directive. If this is the case, all obligations stipulated in the directive must be fulfilled. If the manufacturer of the original spare part offers another new spare part instead (because of technical progress, because production of the old part was stopped etc.) and this is used for the repair, the repaired product does not have to be brought into accordance with the directive 94/9/EC at this time (as long as no substantial modification of the repaired product takes place), since the repaired product is then not put into circulation and into operation.

5.4 Data acquisition by sales

forwarding to the approvals department (ZW)

When requesting spare parts, the operator/customer must give detailed information on the defective equipment to sales: Sales must provide all necessary, up-to-date documents such as design approvals, PTB (Federal Physical-Technical Institute) test certificates, certificates of conformity, conformity declarations and the relevant repair manual. The sales department assigns the approvals department with the task of preparing up-to-date documents
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Spare parts for equipment The standards in explosive areas

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5.5 Additions Additional “harmonised standards” (selection) DIN EN 60079-17 (VDE 0165-10-1):2007 (IEC 60079-17:2007) Explosive atmospheres - part 17: Electrical installations inspection and maintenance DIN EN 61241-17 (VDE 0165-10-2): 2005 (IEC 61241-17: 2005) Electrical apparatus for use in the presence of combustible dust - part 17: Inspection and maintenance of electrical installations in hazardous areas (other than mines) DIN EN 60079-19 (VDE 0165-20-1):2008-02 (IEC 60079-19:2006) Explosive atmospheres - part 19: Equipment repair, overhaul and reclamation DIN 31 051 Maintenance/terminology and measures Further standards and technical rules (selection) If a change is made by a third to FHF ex equipment through repair or the insertion of a spare part, the following standard may also be consulted to a limited extent: DIN VDE 0701-0702 (VDE 0701-0702): 2008-06
This standard does not apply for equipment where special laws, ordinances or standards have to be observed for corrective maintenance, changing and/or the tests (e.g. equipment for ex areas).

Continuation of 5.6 Annexes

VDE series 125 – Testing of electrical installations, safety-related equipment and testing of explosion protection… VDE series 65 - Standards made understandable. The work describes the current state of standardisation and the national industrial safety legislation in explosion protection TRBS 1203 - Qualified persons - general requirements TRBS 1203 part 1 - Qualified persons - special requirements Further information
In excerpts: ATEX guidelines, 2 edition, 07/2005, current version 08/2008
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ATEX stands for ATmosphere EXplosive and requires the employer and/or user to avoid explosions and ensure protection. As regards explosion protection in a potentially explosive atmosphere, ATEX directive 94/9/EC (manufacturer) and ATEX directive 1999/92/EC (operator) has priority over machine directives and must be applied. In the case of workplaces with areas where explosive atmospheres could arise, and which have already been in operation since before 30th June 2003, ATEX planned for these to fulfil the minimum requirements of the ATEX directives no later than in July 2006. The following applies in addition: if considerable changes, extensions or restructuring were carried out after 30th June 2003, the user must take the necessary action to ensure that the final configuration complies with the directive.

On the website of the Cologne district government there is an instruction sheet for the accreditation of qualified persons in accordance with § 14 paragraph 6 BetrSichV.
http://www.bezreg-koeln.nrw.de/brk_internet/organisation/abteilung05/dezernat_55/anerkennung/merkblatt_befaeigte_personen.pdf

The Federal Physical-Technical Institute (PTB) also has comprehensive information
http://www.explosionsschutz.ptb.de/

5.6 Guarantee clause The guarantee is determined by legal regulations. The prerequisites for the guarantee are defined in detail in AA-VV-13 Sale of spare parts for ex equipment.

5.7 Non-liability

“Errors excepted” The explanations and situations given in this document are exclusively for your information.
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All contents were put together to the best of knowledge and belief. FHF Funke + Huster Fernsig GmbH accept no guarantee or liability for the contents. This applies for the correctness and completeness of the contents as well as their being up to date. Only the operators of websites linked/indicated are responsible for their content.

6. Deviation from the rule • None

7. Annexes 1. Flow chart of spare parts for ex equipment 2. Legal bases

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Change New

Date 05.10.2010

Name Wiedwald Edited Checked Seen

Date 08.02.2011 10.02.2011

Name Wiedwald Lippe von der

Annex 1:

Flow chart of spare parts for ex equipment

Customer operator

Spare part request

Sales
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Approvals department

Preparation of documents Time delay Information to customer Informing and handover of documents  Sales

Procurement shipment

Annex 2:

Legal bases
Incomplete selection in alphabetical order

ArbSchG ArbStättV ATEX BetrSichV BGB

Law concerning the implementation of occupational safety measures for the improvement of safety and health of employees during work … Workplaces ordinance (ordinance on workplaces) Guidelines, 2nd edition, 07/2005 current version 08/2008 (European directive) Ordinance on industrial safety and health of 27.09.2002 German Civil Code Individual standards • § 618 Obligation to take preventive measures against danger to life and health • § 823 Obligation to pay compensation for damages [...] life, body, health…
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• § 831 Liability for vicarious agents (further paragraphs § 323, § 836) BGV Accident Prevention & Insurance Association regulations BGR 104 Explosion protection rules (EX-RL), E 2.3.4 Electrical installations BGR…Rules for safety and health at work BGV…for safety and health at work Law on the prevention of harmful effects on the environment caused by air pollution, noise, vibration and similar phenomena

BImSchG EU directives

• • • • • GefStoffV GPSGV

Operator directive 1999/92/EC - ATEX Manufacturer directive 94/9/EC - ATEX product directive Product safety 2001/95/EC directive on general product safety Electrical equipment in explosive atmosphere 79/196/EEC Minimum requirements […] the safety of workers 95/C332/06

Ordinance on hazardous substances Eighth regulation pertaining to the equipment and product safety law (explosion protection regulation) German commercial code § 62 Employer’s duty of care toward workers Law concerning liability for defective products.
Further protected goods are specified in § 823 paragraph 1 BGB

HGB ProdHaftG

SGB 7

Seventh Volume of the Code of Social Law – Social Accident Insurance • Accident prevention regulations (UVV) §15

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