1. What is meant by a "document with evidentiary value"?

A document with evidentiary value is a formal, verifiable, and traceable document that can prove compliance with legal and technical requirements during inspections, audits, or investigations.

In the context of potentially explosive atmospheres, such a document must:

• Be written, dated, and identifiable
• Clearly state what was reviewed, inspected, or assessed
• Refer to applicable legislation and standards
• Be issued by a competent and authorized person
• Be retained and reproducible upon request
• Be capable of standing legal and technical scrutiny

Typical situations where evidentiary value is required:

• Authority inspections
• Accident investigations
• Insurance audits
• Internal or third-party compliance audits
• Contractor qualification checks

2. Who may issue such a document for potentially explosive atmospheres?

The document may be issued only by a person or organization with demonstrable competence and formal designation.

Depending on the document type, this may include:

a) Employer-appointed competent person

• Designated in writing by the employer
• Possesses documented explosion protection competence
• Acts within the scope of appointment

b) External specialist or consultancy

• Explosion protection engineer
• ATEX / IECEx expert
• Ex inspection body
• Ex repair workshop (where applicable)

c) Notified Body or Inspection Body (where required)

• Only when legally mandated, e.g.:
  
  • Certain conformity assessments
  • IECEx inspections under certification schemes
  • National authority requirements

Important:

A general safety officer or maintenance technician without Ex competence cannot issue such a document with evidentiary value.

3. When may it be issued?

The document may be issued only after a completed and documented activity, such as:

• Explosion risk assessment
• Hazardous area classification
• Initial inspection prior to commissioning
• Periodic Ex inspection
• Review after modification or repair
• Verification of corrective actions

Issuing such a document in advance or retrospectively without evidence invalidates its evidentiary value.

4. In which cases is it valid?

A document with evidentiary value is valid only within its defined scope, including:

• Specific site / area
• Defined equipment or system
• Identified time period
• Referenced standards and legal framework

Typical valid use cases:

• Demonstrating compliance under ATEX Workplace Directive 1999/92/EC
• Supporting an Explosion Protection Document (EPD)
• Proving inspection compliance under IEC 60079-17
• Verifying compliance before start-up or restart
• Demonstrating due diligence by the employer

It is not transferable to:

• Other sites
• Modified installations
• Equipment with changed operating conditions

5. Validity period / deadline

There is no universal validity period. Validity depends on:

a) Legal requirements (national transposition)

Ex.amples:

• Periodic inspection intervals defined by law
• Occupational safety regulations

b) Applicable standards

Typical references:

• IEC 60079-14 → inspection before putting into service
• IEC 60079-17 → periodic inspections (e.g. 6 / 12 / 36 months)
• IEC 60079-19 → repair and overhaul verification

c) Changes triggering immediate invalidation

The document becomes invalid if:

• Equipment is modified
• Process conditions change
• Hazardous area classification changes
• Nonconformities are identified
• An accident or near miss occurs

Best practice:

Validity should be explicitly stated in the document.

6. What competence or designation is required to issue it?

The issuer must have demonstrable explosion protection competence, typically including:

a) Technical competence

• Knowledge of explosion hazards
• Understanding of ignition sources
• Familiarity with Ex equipment types
• Ability to interpret Ex markings

b) Standards knowledge

• ATEX Directives (2014/34/EU, 1999/92/EC)
• IEC 60079 series (-10-1/-10-2/-14/-17/-19)
• ISO 80079-36/37
• EN 1127-1
• Relevant national regulations

c) Formal recognition

One or more of the following:

• IECEx CoPC certification (e.g. Ex 001–Ex 011)
• Employer's written appointment as competent person
• Professional qualification + documented experience
• Accreditation or certification of the issuing organization

Training alone is insufficient without formal designation and documented competence.

7. Employer responsibility

Even when issued by an external expert:

• The employer remains fully responsible
• The document supports compliance but does not transfer liability
• The employer must:
• Verify competence
• Retain documentation
• Act on findings
• Ensure follow-up inspections

8. Typical examples of evidentiary documents in Ex environments

• Explosion Risk Assessment Report
• Hazardous Area Classification Report
• Explosion Protection Document (EPD)
• Initial / Periodic Ex Inspection Report
• Ex Repair Certificate (IEC 60079-19)
• Management of Change (MoC) verification
• Compliance declaration linked to inspection findings

9. Key takeaway (Owner's Engineering view)

A document with evidentiary value is not defined by its format, but by competence, traceability, scope, and accountability.

In explosive atmospheres:

• No competence → no evidentiary value
• No scope → no validity
• No follow-up → no compliance
  
  

Keep up the good work!

Arpad
veress@exprofessional.com