Hydrogen production is currently regulated under several pieces of legislation, including the Health and Safety at Work etc. Act 1974 (HSWA). The HSWA provides the framework, supplemented by several other regulations, to ensure employers take all reasonable steps to protect workers from harm and it is likely to continue to play this important role in the safety landscape as the hydrogen production industry develops.

Another important regulation is the Dangerous Substances and Explosive Atmospheres Regulations 2002 which deals with the control of substances that can cause fire or explosions in the workplace. Employers are required to assess the risk of fire or explosions caused by dangerous substances in the workplace. With the high flammability of hydrogen, these assessments will be key safety measures at hydrogen production sites and other sites where hydrogen is used.

As the industry develops, more specific regulation may be required. The Helth and Safety Executive (HSE) appears to be taking the view that current health and safety legislation is fit for purpose in ensuring that hydrogen is safely produced and deployed.

Kevin Clancy is a Partner in commercial disputes team, Shepherd and Wedderburn

From August 2021 until June 2022, in the town of Winlaton, near Gateshead, hydrogen was blended with natural gas at 20% hydrogen content in a trial to assess the feasibility of using hydrogen blended natural gas in the gas network. HSE was consulted and approved the trial which was successful in providing evidence that hydrogen can be safely and effectively blended into the UK’s gas network and used as fuel in a domestic setting.

The outcomes of this trial are being fully assessed. However, for the trial to become more widespread, regulatory reform is needed. Currently, Gas Safety (Management) Regulations 1996 specify that hydrogen gas may not be conveyed in the gas network at a concentration of more than 0.1% of the gas being transported. This cap will need to be increased or removed for hydrogen (blended at 20% content) to be used as an energy source in domestic or industrial settings.

Licensing will also be key. Hydrogen transporters and suppliers are required, under the Gas Act 1986, to obtain gas transport and supply licences, imposing obligations to consult with the HSE and perform public safety checks. If the transportation and supply of hydrogen becomes more widespread then there will be a need to review this framework.

The Winlaton trial can be seen as proof of concept that hydrogen can be supplied directly to domestic homes safely and the UK government is currently developing gas safety regulation to support the domestic use of hydrogen.

The Energy Security Bill (the “Bill”) intends to amend the law to enable wider hydrogen grid conversion trials, such as modifying the gas code to ensure the Gas Act applies to these trials. Duties will be placed on hydrogen gas trial operators to take necessary steps to engineer consumer appliances to use hydrogen. These operators will be allowed entry to premises at the trial location to carry out tests or otherwise carry out works needed to enable the trial. They will additionally be able to enter these premises to discontinue supply.

These proposed amendments increase the health and safety regulation around the use of hydrogen as fuel and indicate that the law will need to adapt to ensure that hydrogen can be safely used at scale.

Health and safety laws will develop to ensure the safe growth of the hydrogen industry in the UK. These developments will continue to play a key role in ensuring the public and industry remain confident that hydrogen can be a safe and sustainable fuel of the future. The HSE has a major role to play as regulator and has already shown that it is forward-looking by publishing useful guidance on the use of hydrogen. Join Shepherd and Wedderburn at the All-Energy Conference on 10-11 May in Glasgow, to engage with the energy community on all aspects of renewable and low-carbon energy.

Kevin Clancy is a Partner in commercial disputes team and Ross Gibson a Solicitor in the regulation and markets team, Shepherd and Wedderburn

Laws and regulations will evolve to cover use of hydrogen as a fuel source - Kevin Clancy & Ross Gibson