Law and standards2026-07-235 min

Explosion safety law is mandatory. The standard is not—or is it?

The same question arises repeatedly in European explosion safety: legislation is mandatory, while standards are voluntary. Legally, that is correct. In practice, the answer is more nuanced.

Legislation defines what must be achieved

ATEX Directive 2014/34/EU and Workplace Directive 1999/92/EC establish legal objectives. Equipment and protective systems must meet essential requirements, workplace explosion risks must be assessed and workers must be protected. The legislation does not prescribe one technical solution for every risk.

The same principle applies to machinery safety. Most provisions of Machinery Regulation (EU) 2023/1230 apply from 14 January 2027. It establishes essential health and safety requirements, while harmonised European standards can support their technical implementation.

When does a standard provide a presumption of conformity?

Using a harmonised standard is generally voluntary. A presumption of conformity applies only to the legal requirements the standard actually covers and only when the reference of the European version has been published in the Official Journal of the European Union.

This distinction matters. An IEC standard, an EN standard and a harmonised EN standard with a valid published reference do not automatically have the same legal effect.

Standards are therefore neither simply ‘mandatory’ nor legally irrelevant. Their legal value depends on the applicable legislation, the published reference and the requirements they cover.

Alternative solutions are possible—but require stronger evidence

An alternative technical solution remains possible. If a manufacturer does not apply an applicable harmonised standard, or applies it only partly, conformity with the essential legal requirements must be demonstrated through other means such as risk assessment, calculations, testing and technical documentation.

Innovation is not excluded, but the burden of evidence changes. The question is not only whether a solution works technically, but whether the achieved safety level is demonstrable and reproducible.

The United Kingdom uses a separate legal framework

In Great Britain, workplace explosion risks are governed by DSEAR, while equipment and protective systems are covered by the 2016 EPS Regulations. Published designated standards support compliance under that framework. Northern Ireland has a separate market-access regime, so EU and GB requirements should not be treated as interchangeable.

For asset owners, the full lifecycle matters

A facility designed, constructed, operated, maintained and modified in line with defensible technical principles is easier to manage, inspect and justify. This supports safety, reliability, availability, predictable maintenance and business continuity.

The better question is therefore not simply ‘Which standard is mandatory?’ It is: ‘How do we demonstrate compliance with the law and a defensible level of technical safety?’

Official sources

Would you like to know whether your use of standards and technical evidence is legally and technically aligned? Contact Exquintia.