Document gDJKE7qypYbZN13Jevp1DDOna

STA TUTOR'! INSTRUMENTS 1988 No. 1657 HEALTH AND SAFETY The Control of Substances Hazardous to Health Regulations 1988 3.30 net ISBN 0 11 087657 1 Reprinted 1088 Pnnicd in the I'nucd ki..dom tor Her Maicsiv s Sutioncrv Otfuc h31/wo mu 05 h/sh 4*1^1 4k:k'4s:# rsxvio.ni CTL018847 STATUTORY INSTRUMENTS 1988 No. 1657 HEALTH AND SAFETY The Control of Substances Hazardous to Health Regulations 1988 Made - - - Laid before I'arhument Comtni; into force 26th September 1988 12th October 1988 1st October 1989 ARRANGEMENT OE REGULATIONS 1. Citation and commcikuncnt. 2. Interpretation. 3. Duties under these regulations. 4. Prohibitions relating i>' certain substances. 5. Application of regulations n to 12. 6. Assessment of health risks created by work involving substances hazardous to health. 7. Prevention or control oi exposure to substances hazardous to health. 8. Use of control measures etc. 9. Maintenance, examination and test of control measures etc. 10. Monitoring exposure at the workplace. 11. Health surveillance. 12. Information, instruction and training for persons who may be exposed to substances hazardous to health. 13. Provisions relating to certain fumigations. 14. Exemption certificates. 15. Extension outside Great Britain. 16. Defence in proceedings for contravention of these Regulations. 17. Transitional provisions. 18. Modifications relating to the Ministry of Defence etc. 19. Repeals, revocations and savings. Schedule 1. List of substances assigned maximum exposure limits. Schedule 2. Prohibition of certain substances hazardous to health for certain purposes. Schedule 3. Frequency of thorough examination and test of local exhaust ventilation plant used in certain processes. CTL018849 Schedule 4. Schedule 5. Schedule 6. Schedule 7. Schedule 8. Schedule 9. Specific substances and [ ocesses for which monitoring is required. Medical surveillance. Fumigations excepted from regulation 13. Notification ot certain In.,r,gallons. Repeals. Revocations ot regulation. and orders. The Secretary ot State, in the exercise i.l the powers conferred on him by sections 15(1), (2), (3)(a). (4), (5)(b). (b)(b) and (9) and 82(3)(a) ot. and paragraphs 1(1) and (2), 2. 6(1), 8. 9. 11. 13(1) and (3), 14. 15(1) and 16 ot Schedule 3 to. the Health and Safety at Work etc. Act 1974(al ("the 1974 Act ") and of all other powers enabling him in that behalf and for the purpose ot giving eliect without modifications to proposals submitted to him by the Health and Safety Commission under section 1 l(2)(d) of the 1974 Act alter the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act. hereby makes the tollownu Regulations: Citation and commencement 1. These Regulations may be cited as the Control of Substances Hazardous to Health Regulations 1988 and '.hall come into n ice on 1st October 1989. Interpretation 2.--(1) In these Reeulations. unless the context otherwise requires"the 1974 Au' -means the Health and Safety at Work etc. Act 1974; "approved'- means approved for the time being in wnting by the Health and Safety Commission or the Health and Safety Executive as the case may be; "approvedMist means the list published by the Health and Safety Commission entitled intormaiiun Approved lor the Classification, Packaging and Labelling of Dangerous Substances (2nd edition)" as revised or re-issued from time to time; "fumigation ' means an operation in which a substance is released into the atmosphere \o as to lorm a gas to control or kill pests or other undesirable organisms and "fumigate and "fumigant" shall be construed accordingly; "maximum exposure limit" for a substance hazardous to health means the maximum exposure limit tor that substance -.ct out in Schedule 1 in relation to the reference period specified therein when calculated by a method approved by the Health and Safety Commission. "micro-organism" includes . ny microscopic biological entity which is capable of replication; "occupational exposure standard" for a substance hazardous to health means the standard approved by the llealtn and Safety Commission for that substance in relation to the specified reference period when calculated by a method approved by the Health and Safety Commission; "substance" means any natural or artificial substance whether in solid or liquid form or in the form of a gas or vapour (including micro-organisms); "substance hazardous to health" means any substance (including any preparation) which is(a) a substance which is listed in Part 1A of the approved list as dangerous for supply within the meaning of the Classification. Packaging and Labelling Regulations 1984(b) and for which the general indication of nature of risk is specified as very toxic, toxic, harmful, corrosive or imtant; (b) a substance for which a maximum exposure limit is specified in Schedule l or for which the Health and Safety Commission has approved an occupational exposure standard; (a) 1974 c.37. sections IS and 50 were amended by Schedule 15 of the Employmem Protection Aci 1975 (c.71). paragraphs 6 and 16 respectively. (b) S I. 1984/1244, amended by S I. 1986M922 and 1988/766. 2 CTL018849 (c) a micro-organism which creates a haz^. .1 to the health of any person: (d) dust ot any kind, when present at a substantial concentration in air: (e) a substance, not being a substance mentioned in sub-paragraphs (a) to (d) above, which creates a hazard to the health of any person which is comparable with the hazards created by substances mentioned in those sub-paragraphs. (2) In these Regulations, anv reference to an employee being exposed to a substance hazardous to health is a reterence to the exposure of that employee to a substance hazardous to health arising out ot or in connecnon with work which is under the control of his employer. (3) In these Regulations, unless the context .itherwise requires(a) a reference to a numbered regulation u Schedule is a reference to the regulation or Schedule in these Regulations so numbered: and (b) a reference to a numbered paragraph is a reterence to the paragraph so numbered in the regulation or Schedule in which that reference appears. Duties under these regulations 3. --(1) Where any duty is placed by these Regulations on an employer in respect of his employees, he shall, so tar as is reasonable practicable, be under a like duty in respect of any other person, whether at work or not. u ho may be affected by the work earned on by the employer except that the duties ot the employer- fa) under regulation 11 (health sun. .dance) shall not extend to persons who are not his employees: jnd (b) under regulations l11 mu I2( l) . ,;J (2) (which relate respectively to monitoring and information..!! mum! etc.) lull not extend to persons who are not his employees, unless mosc persons are on the premises where the work is being earned on. (2) These Regulations 'lull apply in a sclf-emploved person as they apply to an employer and an employee and as it tlu self employed person were both an employer and employee, except ilui regulations . ) and 11 shall not apply to a self-employed person. (3) The duties imposed In ihcse Regulations shall not extend to the master or crew of a sea-going ship or to the cmplmcr of s, .h prisons in relation to the normal shipboard activities of a ship's crew under ihe diren ion <.r the master. Prohibitions relating to certain substances 4. --(1) Those substances described m column 1 of Schedule 2 are prohibited to the extent set out in the corresponding entry in column 2 of that Schedule. (2) The importation into the United K.ngdum of the following substances and articles is prohibited, namely- (a) 2-naphthylamine. benzidine. 4- minodiphenyl, 4-nitrodiphenyl, their salts and any substance containing any . .1 those compounds in a total concentration exceeding 0.1 percent.: (b) matches made with white phosphorus. and any contravention of this paragraph shall be punishable under the Customs and Excise Management Act 1979(a) and not as a contravention of a health and safety regulation. (3) A person shall not supply during the course of or for use at work any substance or article the importation of which is prohibited by paragraph (2). Application of regulations 6 to 12 5. ---(1) Regulations 6 to 12 shall have effect with a view to protecting persons against risks to their health, whether immediate or delayed, arising from exposure to substances hazardous to health except- (a) where and to the extent that the following Regulations apply, namely- (i) the Control of Lead at Work Regulations 1980(b). (i) 1979 c 2. (b) S I TtStV 1248 3 CTL018850 (u) the Control ot Asbestos. s'.'urk Regulations 1987(a); (b) where the substance is hazaruu... to health solely by virtue ot its radioactive, explosive or flammable propeii.es. or solely because it is at a high or low temperature or a high pressure; (c) where the risk to health is j risk to the health ot a person to whom the substance is administered in the course ot ms medical treatment; (d) below ground in any mine within the meaning of section 180 of the Mines and Quarries Act 1954(b) (2) In paragraph 1(e) medical treatment ' means medical or dental examination or treatment which is conducted under tl._ direction ot a registered medicai or dental practitioner and includes any such examination, treatment or administration ut any substance conducted tor the purpose ot i-'search. (3) Nothing in these Regulations shall prejudice any requirement imposed by or under any enactment relating to public health or the protection of the environment. Assessment of health risks created by win k involving substances hazardous to health 6. --(1) Subject to regulation 17(1) (which relates to transitional provisions), an employer shall not carrv on any work winch is liable to expose any employees to any substance hazardous to health unless he ;..is made a suitable and sufficient assessment of the risks created by that work to the heul.h ot those employees and of the steps that need to be taken to meet the requirements ut ihese Regulations. (2) The assessment required by paragmph (1) shall be reviewed forthwith if(a) there is reason to suspect that the assessment is no longer valid: or (b) there has Won a significant change in the work to which the assessment relates, and. where as a result ot the review, -hanges in the assessment are required, those changes shall be made Prevention or control of exposure to substances hazardous to health 7. --(1) Every emploxer shall ensure that the exposure of his employees to substances hazardous to health is cither prevented or. where this is not reasonably practicable, adequately controlled (2) So far as is reasonably practicable, the prevention or adequate control of exposure of employees to a substance hazardous to health shall be secured by measures other than the provision of personal protective equipment. (3) Where the measures taken in accordance with paragraph (2) do not prevent, or provide adequate control of. exposure to substances hazardous to the health of employees, then, in addition to taking those measures, the employer shall provide those employees with such suitable personal protective equipment as will adequately control their exposure to substances hazardous to health. (4) Where there is exposure to a substance for which a maximum exposure limit is specified in Schedule 1. the control of exposure shall, so far as the inhalation of that substance is concerned, only be treated as being adequate if the level of exposure is reduced so far as is reasonably practicable and in any case below the maximum exposure limit. (5) Without prejudice to the generality of paragraph (1), where there is exposure to a substance for which an occupational exposure standard has been approved, the control of exposure shall, so far as the inhalation ot that substance is concerned, be treated as being adequate if- (a) that occupational exposure standard is not exceeded; or (b) where that occupational exposUiC standard is exceeded, the employe; identifies the reasons for the standard being exceeded and takes appropriate action to remedy the situation as soon as is reasonably practicable. (6) Subject to regulation 17(2) (winch relates to transitional provisions), where respiratory protective equipment is provided in pursuance of this regulation, then it shall-___ la) S I. 1987/21 IS. lb) 1954 c.70. jmemleil by S 1 1974/2013 4 CTL018851 (a) be suitable tor the purpose: anti (b) be ot a type approved or shall contorn to a standard approved, in either case, bv the Health and Safety Executive. (7) In this regulation, "adequate'- means adequate having regard only to the nature ot the substance and the nature and degree ot e xposure to substances hazardous to health and "adequately'- shall be construed accordm. 'v. Use of control measures etc. 8.--(l) Every employer who provides a.: control measure, personal protective equipment or other thing or facility pursuant t.> nese regulations shall take all reasonable steps to ensure that it is properly used or appd.d , the case may be. (2) Every employee shall make full and pro.'er use of any control measure, personal protective equipment or other thing or tauht. provided pursuant to these regulations and. if he discovers any detect therein, he sh.ul icpon it forthwith to his employer. Maintenance, examination and test of control measures etc. 9. --(1) Every emplovcr who provides any control measure to meet the requirements of regulation 7 shall ensure that tt is maintain^ J in an etficient state, in efficient working order and in good repair (2) Subject to regulation 1~{3) (which r. kites to transitional provisions), where engineering controls are pros ided to meet the . .ju.rements of regulation 7. the employer shall ensure that thorouen cs.iminations an^ tesu ot those engineering controls are earned out- la) in the case ot loc.'il-<.\haust ventilation plant, at least once every 14 months, or for local exhausi \ennl.nuin plant uscu m conjunction with a process specified m column I of Schedule \ at the inter, a! specified in the corresponding entry in column 2 of tjiat Schedule. (b) in any other case, at datable intervals (3) Where respirators protective equipment (other than disposable respiratory protective equipment) o prmided to meet die requirements of regulation 7. the employer shall ensure that at suitable inter.uls thorough examinations and. where appropriate, tests of that equipment are camc.i out. (4) Every employer shall keep a suitable record of the examinations and tests earned out in pursuance of paragraphs (2) and (3) and of any repairs carried out as a result of those examinations and tests. and that record u, a suitable summary thereof shall be kept available for at least 5 sears trom the date on vhich it was made. Monitoring exposure at the workplace 10.--(1) In any case m which(a) it is requisite for ensuring the maintenance of adequate control of the exposure of employees to substances hazardous to health; or (b) it is otherwise requisite for protecting ihe health of employees. the employer shall ensure that the exposure if employees to substances hazardous to health is monitored in accordance with a suitable procedure. (2) Where a substance or process is specified in column 1 of Schedule 4. monitoring shall be carried out at the frequency specified m the corresponding entry in column 2 of that Schedule. (3) The employer shall keep a suitable record of any monitoring earned out for the purpose of this regulation and that record or .i suitable summary thereof shall be kept available- (a) where the record is representative of the personal exposures of identifiable employees, for at least 30 years; (b) in any other case, for at least 5 years. 5 CTL018852 Health surveillance 11.--(1) Where it is appropriate tm 'he piotection 01 the health ot his employees who are. or are liable to be. exposed to a st.osin.iee hazardous to health, the employer shall ensure that such employees are under ,au..i le health surveillance. (2) Health surveillance shall be treat al a being appropriate where(a) the employee is exposed to on.- r. the substances and is engaged in a process specified in Schedule 5. unless .hat exposure is not signiticant: or (b) the exposure ot the emploxee . > ,i distance hazardous to health is such that an identifiable disease or advtise n.--h etlect may be related to the exposure, there is a reasonable likelihoo.. th t the disease or etfect may occur under the particular conditions ot his w ,ik .,'.d there are valid techniques tor detectine indications ot the disease or in ' eli u. (3) The employer shall ensure that a t.eah.i record, containing particulars approved bv the Health and Sateiv Executive, in ie .t .a ot each of his employees to whom paragraph (1) relates is made and maintained ,u c. that that record or a copy thereof is kept in a suitable form tor at least 30 years In m the date ot the last entry made in it. (4) Where an employer who hold-, tecore in accordance with paragraph (3) ceases to trade, he shall forthwith notify the IL-lth ..nd Safety Executive thereof in writing and offer those records to the Executive (5) Subject to icguljtion 17(4) tw.ueli relates to transitional provisions), if an employee is exposed to a substance '.(xciii. J in Schedule 3 and is engaged in a process specified therein, the health surveilk, , e . quired under paragraph (1) shall include medical surveillance under the xupc. m . ot an employment medical adviser or appointed doctor ji intervals ot not n., .e n. ,n 12 months or at such shorter intervals as the employment mcOic.il adviser or up, ouitc J doctor may require. (6) Where an cmplovee is subject to medical surveillance in accordance with paragraph (5) and m employment nic..ical .idviser or appointed doctor has certified in the health record m that employee that ,;i I:., professional opinion that employee should not be engaged in work which exposes i.-m t.< that substance or that he should only be so engaged under conditions specified in die record, the employer shall not permit the employee to be ene.iecd in such woik . xe.pt in accordance with the conditions, if any, specified in the health iccord. unless i, ..t ntry has been cancelled by an employment medical adviser or appointed doctor. (7) Where an cmplovee is subje.'. to medical surveillance in accordance with paragraph (5) and an employment me. .:al .Jviser or appointed doctor has certified by an entry in his health record that n.i ica! surveillance should be continued after his exposure to that substance has cease I, the employer shall ensure that the medical surveillance of that employee is coma .ted in accordance with that entry while he is employed by the employer, unless thut ei.irv has been cancelled by an employment medical adviser or appointed doctor. (8) On reasonable notice being give.) the employer shall allow any of his employees access to the health record which relate, to aim. (9) An employee to whom this reguLaor..applies shall, when required by his employer and at the cost of the employer, present luri elf during his working hours for such health surveillance procedures as may be requued l or the purposes of paragraph (1) and. in the case of an employee who is subject to inedic.il surveillance in accordance with paragraph (5), shall furnish the employment n.cdic..l adviser or appointed doctor with such information concerning his health as die . mployment medical adviser or appointed doctor may reasonably require. (10) Where, for the purpose of canning oat his functions under these regulations, an employment medical adviser or appointed doctor requires to inspect any workplace or any record kept tor the purposes ot tlu .e Regulations, the employer shall permit him to do so. (11) Where an employee or an cm. over is aggrieved by a decision recorded in the health record by an employment mci .cal adviser or appointed doctor to suspend an employee from work which exposes hi:. to a substance hazardous to health (or to impose conditions on such work), he may, by an application in writing to the Executive within 28 CTL018853 davs oi ihe date on which he was notified ot :1k decision, apply tor that decision to be reviewed in accordance with a procedure approved tor the purposes ot this paragraph by the Health and Safety Commission, and the result ot that review shall be notitied to the employee and employer and entered in the health record in accordance with the approved procedure. 112) In this regulation"appointed doctor' means a lully registered medical practitioner who is appointed tor the time being in writing by the Health . id Safety Executive tor the purposes ot this regulation: "employment medical adviser' means an -mpioyment medical adviser appointed under section 56 ot the 1974 Act: "health surveillance " includes biological monitoring. Information, instruction and training for pcrst.ns who may be exposed to substances hazardous to health 12. --11) An employer who undertakes work winch may expose any of his employees to substances hazardous to health shall provide that employee with such intormation. instruction and training as is suitable and sufficient lor him to know- la) the risks to health created by such exposure: and (b) the precautions which should be taken (2) Without prejudice to the generality ot paragraph (1). the information provided under that paragraph shall include-- (a) information on the results ot anv monitoring ot exposure at the workplace in accordance with rceui.ition 10 and. in (.articular, in the case ot any substance hazardous to health speutied m Schedule I. the employee or his representatives shall be informed forthwith, if the results ot such monitoring show that the maximum exposure tunit has been exceeded: and (b) information on'the collective results ot any health surveillance undertaken in accordance with regulation 11 in a form calculated to prevent it from being identified as relating to anv particular person. (3) Every employer shall ensure that any person (whether or not his employee| who cames out any work in connection with the emp'oyer s duties under these regulations has the necessary information, instruction and tram.tie. Provisions relating to certain fumigations 13. --(1) This regulation shall apply to fumigations in which the fumigant used or intended to be used is hydrogen evanide. ethylene oxide, phosphine or methyl bromide, except that this regulation shall not apply to lumigations using the fumigant specified in column 1 of Schedule 6 when the nature of the fumigation is that specified in the corresponding entry in column 2 of that Schedu!.-. (2) An employer shall not undertake any fumigation to which this regulation applies unless he has- (a) notified the persons specified in Part I of Schedule 7 of his intention to undertake the fumigation: and (b) provided to those persons the information specified in Part II of that Schedule, at least 24 hours in advance, or such shorter time in advance, as the persons required to be notified may agree. (3) An employer who undertakes a fumigation to which this regulation applies shall ensure that, before the fumigant is released, suitable warning notices have been affixed at all points of reasonable access to the premises or to those parts of the premises in which the fumigation is to be earned out and that alter the fumigation has been completed, and the premises are safe to enter, those warning notices are removed. Exemption certificates 14. --(1) Subject to paragraph (2) and to any of the provisions imposed by the European Communities in respect of the protection of workers from the nsks related to 7 CTL018854 exposure to chemical, physical and biological agents at work, the Executive mav. bv a certificate in writing, exempt anv person or class ot persons or anv substance or class ot substances from all or any ot the requirements or prohibitions imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit ot time and may be revoked by a certificate in writing at any time. (2) The Executive shall not grant any such exemption unless having regard to the circumstances of the case and. in particular, to- (a) the conditions, if any. which it proposes to attach to the exemption', and (b) any other requirements imposed by or under any enactments which apply to the case. it is satisfied that the health and satetv ot persons who are likelv to be atfected by the exemption will not be prejudiced in consequence ot it. Extension outside Great Britain 15. These Regulations shall apply to any work outside Great Britain to which sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of Article 7 of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1977(a) as they apply to work in Great Britain. Defence in proceedings I nr contravention of these Regulations 16. In any proceedings tor an offence consisting of a contravention ot these Regulations it shall be .i Jelence lor any person to prove that he took all reasonable precautions and exercised .ill due diligence to avoid the commission ot that ortence. Transitional provisions 17. --(1) Where w.irk which is liable to expose employees to substances hazardous to health was commenteo ivlore 1st October 1989 or within 3 months alter that date, it shall be a sufficient compliance wuh regulation 6(1) if the assessment required by that regulation is made hetore Ixi January 1990. (2) Until 1st Janu.irs l`>*M). respiratory protective equipment required to be approved in accordance wuh u cul.mon 7(6) need not be so approved, but until that date any such equipment which w.ts required to be approved under any regulation revoked by these Regulations shall be approved in accordance with those Regulations or in accordance with the said regulauon '(6). (3) Where, in respect ot the engineering controls to which regulation 9(2) applies, immediately before I si October 1989 local exhaust ventilation plant was required to be thoroughly examined and tested under any of the relevant statutory provisions then in force, the first thorough examination and test under regulation 9(2) shall not be required until the date on which u would have next been required under the former provision had that provision not been revoked. (4) Where, in respect of an employee to whom regulation 11(1) applies, immediately before 1st October 1989 the employee was subject to health surveillance under any of the relevant statutory provisions then in force, he shall not be required to be medically examined for the first time under regulation 11(5) until the date on which he would have next been required to be so examined under the former provision had that provision not been revoked. Modifications relating to the Ministry of Defence etc. 18.--(1) In this regulation, any reference to- (a) "visiting forces" is a reference to visiting forces within the meaning of any provision of Pan 1 of the Visiting Forces Act 1952(b) ; and (b) "headquaners or organisation" is a reference to a headquaners or organisation designated for the purposes of the International Headquaners and Defence Organisations Act 1964(c). (a) S l. 1977/1232. (b) 1952 c ti7 8 (e) 1964 c 5 CTL018855 (2) The Secretary of State tor Defence may. in the interests of national security, bv a certificate in wntmg exempt- fa) Her Majesty's Forces: (b) visting forces: (c) any member of a visiting torce working in or attached to any headquarters or organisation: or (d) any person engaged in work involving substances hazardous to health, if that person is under the direct super, ision ot a representative ot the Secretary ot State tor Defence. trom all or any of the requirements or prohibitions imposed by these regulations and anv such exemption may be granted subject 10 conditions and to a limn of time and mav be revoked at any time by a certificate in writing, except that, where any such exemption is granted, suitable arrangements shall be made tor the assessment of the health risks created by the work involving substances hazardous to health and for adequately controlling the exposure to those substances ot persons to whom the exemption relates. (3) Regulation 11(11) shall noi apply in relation to- (a) Her Majesty's Forces. (b) visiting forces: or (c) any member ot a \ismne torce working in or attached to any headquarters or organisation. Repeals, revocations and sarnies 19.--(1) The provisions ..i (a) the Mines and Ou.jirus 8; and |iJ54(u) specified in column 1 of Part 1 of Schedule (b) the Factories Ait 111 hi specified in column 1 of Part II of Schedule 8. are repealed to the extent h i . hh in ihe entry opposite thereto in the corresponding entry in column 2 of the respireir. c Part (2) The Hydrogen Cv.inme il umigation) Act 1937(c) is repealed. (3) The regulations and orders specified in column 1 of Schedule 9 are revoked or. where expressly stated, modified to the extent set out in the entry opposite thereto in column 2 of that Schedule (4) Any record or register required to be kept under any regulations or orders revoked by paragraph (3) shall, notwithstanding those revocations, be kept in the same manner and for the same period as u these Regulations had not been made, except that the Health and Safety Executive mav approve the keeping of records at a place or in a form other than at the place where, or in the form in which, records were required to be kept under the regulations or orders so revoked. Signed by order of the Secretary of State. 26th September 1988 Patrick Nicholls Parliamentary Under Secretary of State. Department of Employment (a) 1954 c.70. amended bv S I. I*974/2013 (c) 1937 c.4S. amended by SI. I974/UW0 (b) 1%1 c 34. amended by S 1. 197491941. 9 CTL018856 SCHEDULE 1 Regulations 2( 1). 7(4) and 12(2) LIST OF SUBSTANCES ASSIGNED MAXIMUM EXPOSURE LIMITS Reference periods Lonf-term Short-term maximum maximum exposure hmu exposure itmti (M-hour I~\V \ ilO-mtnute reference periodi referent e period I Substance Acrylonunle Arsenic &. compounds, except arsine and lead arsenjie us As) Buta-1.3-diene 2-Butoxyethanol Cadmium be cadmium compounds, except cadmium oxide fume and cadmium sulphide pigments I as t .11 Cadmium oxide tuinc u. si di Cadmium sulphide piemcni' (respirable dust as c Ji Carbon disulphide. Dichloromethane 2.2VDichloro--l.4'-meinv leue diamline (MbOCAl 2-Ethoxveihanol 2-Elhoxyethvl aceiaie Ethylene dibromide Ethylene oxide Formaldehyde Hydrogen cyanide Isocyanates, all (as-NCO) Man-made mineral tibre 1-Mcthoxypropan-2 -*>l 2-Methoxvethanol 2-Methoxvethyl acetate Rubber Process Dust 'Rubber Fume Styrene 1.1.1-Trichloroethane Trichloroethylene tVinyl chloride Vinyhdene chloride Wood dust (hard wood) Fornutiu CH; = CHCN \s CH; = C 1 ICH=CH; CJUXII C1LOH Cd ppm *> " mq m4 02 ppm m- ---- ---- 10 -- ---- 25 120 ---- 0 05 1 do CdS -- 0 05 - il U5 -- 0 04 -- -- cs. LHvCI. CH-fO l.CINH;); 10 30 -- 100 350 -- -- 0.005 -- -- -- -- C.HjOCI I.CH.OH C.HvOCH.CH.OOCCH, BrCII;(T(;Br CHiCII.O 10 10 1 5 37 54 8 10 ---- ---- ---- ---- HCIIO 2 2.5 2.5 HCN ---- 10 10 -- 0 02 - 0.07 --5 CH)OCI I.CHOHCHj 100 360 ---- ---- CHjOCH;CU;OH 5 16 ---- CHjCOOCHjCHjOCHx 5 24 ---- -- 8 ---- -- 0.75 -- -- 0,11,01 = CM. 100 420 250 1050 CHtCCI, 350 1900 450 2450 ca.=( hci 100 535 150 x02 CH:=CHCI 7-- ---- CH.-CC1; 10 40 ---- -- 5 ---- * Limn relates to csctohexane soluble muiciul * Vinyl chloride is also subieci io an overriding annual maximum exposure limn ol 3 ppm 10 CTL018857 SCHEDULE 2 Regulation -41 I) PROHIBITION OF CERTAIN SUBSTANCES HAZARDOUS TO HEALTH FOR CERTAIN PURPOSES hem No 1. 3 4 6. 7. Column I Description ol uihuame Column 2 Purpose lor u hu ll the \ nominee is prohibited 2-naphthvlamine. benzidine. 4-aminodiphemi. 4-nurodiphenvl. their baits and am suostance containing an\ ot those compounds in am other substance in a total concentration exceeding tl 1 percent. Manutacture and use tor all purposes including anv manutactunng process in which a substance described in column l ot this item is tormed. Sand or other substance containing tree silica. Use as an abrasive lor blasting articles in any blasting apparatus isee note 11 A substance- la) containing compounds ot silicon calculated as >uu, a to the extent ot more than - 'w sceight ot drv matenei. or (b) composed i a i containing dust or other malic r ,'osiied trom a fettline oi .ne process Use as a parting matenal in connection with the making ot metal castings isee notes 2 and 3) Carbon disulphide Use m the cold-cure process ot vulcanising in the prooling ot cloth with rubber Oils other than cc n animal or segetap. mixed animal anti 4). r oil ol entirely . in or entirely of iric origin lsee note Use for oiling the spindles ot self-acting mules. Ground or poscoc than natural sand ii or cpiartz other Use in relation to the manufacture or decoration of pottery for the following purposes- (a) the placing of ware for the biscuit fire; (b) the polishing of ware: (c) as the ingredient of a wash for saggars, trucks, bats, cranks, or other articles used in supporting ware during tiring: and (d) as dusting or supporting powder in potters' shops. Ground or powdered Hint or quartz other than- (a) natural sand, or (b) ground ur powdered Hint or quartz which forms part ot a slop or paste. Use in relation to the manufacture or decoration of pottery for any purpose except- (a) use in a separate room or building for(0 the manufacture of powdered flint or quartz: or <n) the making ot frits or glazes or the making of colours or coloured slips for the decoration of pottery: (b) use for the incorporation of the substance into the body of ware in an enclosure in which no person is employed and which is constructed and ventilated to prevent the escape of dust. II CTL018858 hem No. Column l Description ot substance Column 1 Purpose tor wmcn the substance is prohibited S. Dust or powder ot a retractors material Use for sprinkling the moulds ot silica containing not less than bU per cent, ot silica bricks, namely bncks or other articles other than natural sand. composed of refractory material and containing not less than SO per cent ot silica y White phosphorus Use in the manutacture ot matches 10. Hydrogen evunide Use in fumigation except when- la) released trom an inert material in which hydrogen cyanide is absorbed. (b) generated from a gassing powder (see note at: or (c) applied from a cylinder through suitable piping and applicators other than tor fumigations in the open air to control or kill mammal pests. Notes 1. "Blasting appar.nu-. means apparatus tor cleaning, smoothing, roughening or removing ot part of the surface ot .un iriiclc bv the use as an abrasive ot a jet ot sand, metal shot or grit or other material propelled m a blast ot compressed air or steam or by a wheel. 2. This prohibition -n ill not prevent the use as a parting material of the following substancesnatural sand.' zirconium silicate i . ir^on), calcined china u.o. calcined aluminous nreclav; sillimanne: calcined or fused ilumina; olivine. 3. "Use as a partme material" means the application of the material to the surface or pans ot the surface ot a pattern or ot a mould so as to facilitate the separation of the pattern trom the mould or the separation ot pans ot the mould. 4. "White oil" means a refined mineral oil conforming to a specification approved by the Health and Safety Executive and cenified by its manufacturer as so contorming.5 5. "Gassing powder" means a chemical compound m powder form which reacts with atmospheric moisture to generate hydrogen cyanide. 12 CTL018859 SCHEDULE 3 Regulation v( 2 Ha) FREQUENCY OF THOROUGH EXAMINATION AND TEST OF LOCAL EXHAUST VENTILATION PLANT USED IN CERTAIN PROCESSES Column 1 Process Processes in which blasting is carried out in or incidental to the cleaning ol metal castings, in connection with their manufacture. Processes, other than wet processes, m which metal articles (other than ot cold, platinum or indium i are around, abraded or polished using mechanical power, in anv room tor more than 12 hours in anv ween. Processes giving off dust or lume in winch non-lerrous metal castings are produced. Jute cloth manufacture. Column 1 Minimum Freqtttm v Every mouth Every n months Every o months Every month. SCHEDULE 4 Regulation 1012) SPECIFIC SUBSTANCES \\|) PROCESSES FOR WHICH MONITORING IS REQUIRED Column 1 Substance or Process Vinyl chloride monomer Vapour or spray given off from w -m. is at which an electrolytic chromium process is earned on <.\i.cpi tnvalent chromium. Column 2 Minimum Frequency Continuous or in accordance with a procedure approved bv the Health and Safety Commission. Every 14 days. 13 ^1-018860 SCHEDULE 5 Regulation il(2)(a) and (5) MEDICAL SURVEILLANCE Column 1 Substances tor which medical surveillum e u appropriate Column 2 Processes Vinyl chloride monomer i VCM) Nitro or amino derivato es ol phenol and ot benzene or its homologues. Potassium or sodium chromate or dichromate. 1-Naphthvlamine and its sails Orthotolidine and its salts Dianisidine and us salts. Dichlorncn/iomc and its salts Auramine. Magenta Carbon disulphide Don ii'iiur bichloride Benzene, including benzol Carbon tetrachloride 1 niorcthvlene Pitch In manutacture. production, reclamation, storage, discharge, transport, use or polvmerisation. In the manutacture ot nitro or amino denvaltvesot phenol and of benzene or its homologues and the making ol explosives with the use ol an\ of these substances In manufacture In manutacture. tormalion or use ol these substances In manutacture Processes in which these substances are used, or gnen otf as vapour, in the manutacture ot indiarubber or ot articles or goods made whollv or partially of indiarubber In manufacture of blocks of tuel consisting ot coal, coal dust, coke or slurry with pitch as a binding substance SCHEDULE 6 Regulation 13(1) FUMK. \ I'lONS EXCEPTED FROM REGULATION 13 Column 1 fumigant Hydrogen cvanide Methyl bromide. t olumn 2 Vuiure oj fummunon Fumigations carried out for research Fumigations in fumigation chambers. Fumigations in the open air to control or kill mammal pests. Fumigations carried out for research Fumigations in fumigation chambers Fumigations of soil outdoors under gas proof sheeting w here not more than 1000 kg is used in any period of 24 hours on the premises Fumigations of soil under gas-proof sheeting in glasshouses where not more than 500 kg is used in anv penod of 24 hours on the premises. Fumigations of compost outdoors under gas-proof sheeting where not more than 10 kgol methyl bromide is used in any penod of 24 hours on the premises Fumigations under gas-proof sheeting inside structures other than glasshouses and mushroom houses where not more than 5 kg ol methyl bromide is used in each structure dunng any period of 24 hours. Fumigations of soil or compost in mushroom houses where not more than 5 kg 14 CTL018861 Column 1 Fumigant Phosphine. Ethylene oxide Column 2 Sature of tunwsQiion ot meihvl bromide is used in anv one tumieauon in anx period ol 24 hours Fumigations ot containers where not more than 5 kg ol inethxl bromide is used in anv one fumigation in a period of 24 hours Fumigations earned out tor research Fumigations in fumigation clumbers Fumigations under gus-prool sheeting inside structures where not more than 1 kg phosphine in each structure is used in anv period ot 24 hours Fumigations in containers where not more than II 5 kg phosphine is used in anx one fumigation in anv period of 24 hours Fumigations in individual impermeable packages Fumigations in the open air to control or kill mammal pests. Fumigations earned out for research. Fumigations in fumigation chambers. SCHEDULE 7 Regulation 13(2l NOTIF1CA 1 K>N OF CERTAIN FUMIGATIONS PART I PERSONS l.i WHOM NOriHC \IIONS MOST III MMII 1. In (he case of a fumigation i<> he earned out within (he area ol a harbour aulhoritx. advance notification of fumigation shall tor the purposes or regulation I3(2liui he given to la) that authonty, (b) an inspector appointed under section Id of the IV)74 Act. il that inspector so requires, and (c) where the fumtgation- (i) is to be carried out on a sea going ship, the chief tire officer ol the area in which the ship is situated and the otticer in chatge ot the otlice ol Her Majesty s Customs and Excise at the harbour, or (li) is the space fumigation ot a building the chief fire mine r ol the area in which the building is situated 2. In the case ot a fumigation, oilier lhan a fumigation lo which paragraph (11 applies, adxance notification of fumigation shall he given to la) the police officer for the time being in chaige of the police station tor the police district in which the fumigation is earned out; (b) an inspector appointed under section Id of the ld74 Act it that inspector so requires, and (c) where the fumigation is 10 be carried out on a sea going ship or is the space fumigation of a building, the chief fire otficcr ot the area in which ship or building is situated PART II INFORM,XTION TO BE GIVEN IN ,XUVXNCE NOTICE OT TL MKiATIONS3 * 3. The information to be given m a notification made for the purposes of regulation 13(2) shall include the followtng- (a) the name, address and place of business ol the fumtgator and his telephone number. (b) the name of person requiring the fumigation to be carried out; (c) the address and description ol premises where the fumigation is to be carried out. (d) the dale on which the fumigation is to be carried out and the estimated time ol commencement and completion; (e) the name of the operator in charge of the fumigation; and If) the fumigant to be used. 15 CTL018862 SCHEDULE 8 REPEALS Regulation 19(1) PART I REPEALS OF THE PROV1SIO :S OF THE MINES AND OUARKIES ACT 1954 Column 1 Provision Section 112. Column 2 Extent ot repeal The whole section Column 1 Provision Section 4 Section 63. Section t>4 Section o7. Section 77. Section 78. Section 121. PART II REPFM.S OF THE PROVISIONS OF THE FACTORIES ACT Iq6l Column 2 Extent ot repeal The words from and for rendenng harmless ' to the end of the section 1 he whole section. 1 lie wnole section. , 1 he whole section. 1 he whole section. 1 he whole section. sulKeciions (1 )(d) and (3)(b). SCHEDULE 9 Regulation 19(3) REVOCATIONS OF REGULATIONS AND ORDERS Column 1 Regulations or Order Column 2 Extent ot Revocation* & Regulations dated 12th December 1905 I. i the processes of sorting. willeying. washing, combing and carding wool, goal hair and camel hair and processes incidental thereto. (The Wool. Goat-Hair and Camel-Hair Regulations 1905). S.R. & G. 1905/1293. amended by S.I. 1980/1690. The whole Regulations Regulations dated 26th February 1906 in respect of the processes of spinning and weaving flax and tow and piocesses incidental thereto. (The Flax and Tow Spinning and Weaving Regulations 1906). S.R. & O.1906/177. Regulations 1.2 and 12. Regulations dated 28th August 1907 for the processes of spinning and weaving hemp or jute, or hemp or jute tc>v and processes incidental thereto. (The Hemp Spinning and Weaw.ig Regulations 1907). S.R. & O. 1907/660. amended by S I. 1948/169o Regulations 1.2 and 7. Regulations dated 20th December 1907 i.i respect of processes involving the use of horsehair from Chin.i Siberia or Russia. (The Horesehair Regulations 1907). S.R. & O 1907/984. amended by S.I 1980/1690. The whole Regulations, Regulations dated 18th December 1908 fur the use of East Indian Wool. (The East India Wool Regulations 1908). S.R. Jfc O. 1908/ 1287. The whole Regulations. 16 CTL018863 Column 1 Regulations or Order Column 2 Extent ot Revocation Order dated 22nd March 1918 for securing the weltare ot the workers employed in factones or pans ot factones in which bichromate ot potassium or sodium is used in tanning by the "two-bath " process (The Tannine (Two-Bath Processi Welfare Order 1918). S.R. &. O. 1918/368. amended by S.R. & O. 1930/312. Order dated 22nd March 1918 for securing the weltare ot the workers employed in factones or pans ot factones in which bichromate of potassium or sodium is used in dvcmg other than job-dveing. (The Dveine (Use of Bichromate of Potassium or Sodium i Welfare Order 1918). S.R. &0. 1918/369. Order dated 15th Aueust 1919 (The bruit Presersinc Order 1919). S.R. &0. 1919/1136.' The whole order Tile whole order Article 6. The Hollow-ware andGalvanisine elfare Order 1921. S.R. &. O. 1921/2032. The Hides and Skins Regulations I'Cl S R. iO 1921/2076. amended by S.I. 1980/1690. The whole order The whole Regulations The Indiarubber Regulations l'02 SR XO 1922029. amended hv S.I. 1973/36 and 1980/1248 The defimtions- (a) "Appointed doctor'. (b) '"Emplovment medical adsiser . (c) "Fume process The paragraph 'll shall be (he dutv ot every person employed to observe Part II of these Regulations" Regulations 2 to 19. The Chemical Works Regulation' . C2. S R. & O 1922/731. amended by S.I. 1973/36. 19'J h-: loM/iti and 917. The whole Regulations. TheGnndineof MetalslMiscci.-i wous Industries) Regulations 1925. S.R. & O. 1925/904. amended K s I 1949/2225. 1950/688. 1970/535 and 1981/1486. The whole Regulations The Gnndine of Cutlerv and [.dec I -ols Regulations 1925. S.R. & O. 1925/1089'. amended bv S I 1"'0 i'll. 1970/535 and 1981/1486. The whole Regulations The Bakehouses Welfare Order 1"." SR i() 1927/191. The whole order The Biscuit Factories Welfare wider 1927. SR.it (3. 1927/872. The whole order The Tanning Welfare Order 1930. S R.itO. 1930/312. Articles 6. 7 and 9. The Refractory Materials Regulations 1931. S.R. i. O. 1931/359. The whole Regulations. The Chromium Plating Regulations 1931. S.R. i: O 1931/455. amended by S.I. 1973/9 The whole Regulations. The Sugar Factones Welfare Order 1931. S.R. & O. 1931/684. The whole order. The Patent Fuel Manufacture (I lealth and Welfare I Special Regulations 1946. S.R. & O. 1946/258. amended by S.I. 1973/36. The whole Regulations The Pottery (Health) Special Regulations 1947. S.R. & O. 1947/2161. In Regulation 2. the definmons- (a) "ground or powdered flint or quartz '. (b) "potters' shops" Regulations 5 and 6. The Jute (Safety. Health and Welfare) Regulations 1948. S.I. 1948/ 1696. Regulations 5 to 10. Regulation 12. 17 CTL018864 Column 1 Regulations or Order The Blasting l Castings and Other Articled Special Regulations ly4y S.l. 1949/2225. amended by S 1. 1981/1332. The Potterv (Health and Welfare 1 Special Regulations 1950. S I 1950/65. amended bv S 1 1973/36. I9MV124S and 1982/877 Column 2 Extent of Revocation The whole Regulations In regulation 2(2) (he detinmons- la) "Damp fettling . (h) "Fettling . (c) "Flint or quartz milling . (d) "Flintless stoneware . (e) ' Potters shops (f) "Slip-house . (g) "Suspension' . (h) "Wedging ot clav" Regulation 6( 1 )(sin to lix) and (XI). In regulation 13(1) the words "in anv potters' shop or in ans place where clav dust is prepared or ' and the words thm or quartz milling or ' In regulation 14(2) the words in anv potters shop or ' and the words clay dust is prepared or where any flint or quartz milling or". Regulation 17( l )(i) tolxvi). (xxv| and (xxvti). 17(3), 17(6)0) and (vi). Regulation 18(1) and 18(2). In regulation 18(3)(a) the words "all potters' shops, including such drying stoves as are entered by workpeople and in". Regulation 18(3)(al(il. I8(3)(b|(i| and (in and I8(3)(c| In regulation 18(3)(d)the words "potters' shops, including such drying stoves as are entered by workpeople and of" and in regulation 18(3)(d)(i) the words "and also, in the case of any potters' shop having an impervious floor, by washing or mopping with water on at least one day in each week". Regulation I8(3)(e) to (g). In regulation 18(4) the words "biscuit placing or' in both places where they occur In regulation 18(7) the reference to sub-paragraph "(c)", "(e)" and "(f)" Regulation 18( 12) and (13). Regulation 19(4) Regulations 20 to 22. 18 CTL018865 Column 1 Regulations or Order The Grinding of Cutlery and Edge Tools (Amendment) Special Regulations 1950. S.l. 1950/370 The Grinding of Metals (Miscellaneous Industries! (Amendment) Special Regulations 1950. S.I. 1950/688. The Foundries (Partine Materials) Special Regulations 1950. S.I. 1950/1700. The Hvdrogen Cvantde (Fumigation of Buildings) Regulations 1951 S.I. 1951/1759. amended by S I. 1982/695 The Hvdrogen Cvanide (Fumigation of Ships) Regulations 1951. S.I 1951/1760.' The Iron and Steel Foundries Regulations 1953, S I. 1953/1464. amended bv S.I. 1974/1681 and 1981/1332. The Mule Spinning (Health) Special Regulations 1953. S.I. 1953/ 1545. amended by S.I. 1973/36 The Indiarubber Regulations 1955. S I 1955/1626 The Shipbuilding and Ship-repairing Regulations I960. S.I. 1960/ 1932. amended by S.I. 1974/1681. 1980/1248 and 1983/644 The Construction (General Provisions) Regulations 1961. S.I. 1961/ 1580. amended bv S.I. 1966/94 and 1974/1681. The Non-ferrous Metals (Melting and Founding) Regulations 1962. S.I. 1962/1667. amended by S.I. "1974/1681 and 1981/1332. Column 2 Extern ol Revocation Regulation 2o. Regulation 28(3). Regulation 29( I) to 29(3). In (he table in.Schedule 2 the entries numbered! 1) to 14). (7) to (22). (24) and (27) The whole Regulations The whole Regulations The whole Regulations. The whole Regulations. The whole Regulations In regulation 2(2) the definitions (a) "approved respirator'. (hi "dressingor fettling operations ". Id "knock-out operations" 1 lie prosiso to regulation 3(2). Regulation 7 Regulations 8( l)(b) and (2). In regulation 1()( I). the number "7" 1 he whole Regulations 1 lie whole Regulations Regulation 4( 1 )(a) shall be muddied bv substituting lor the words "to 77" the words "and 74" Regulation 4(8) shall be modified by substituting for the words "72 and 76(2)" the words "and 72" Regulation 53. Regulations 76 and 77 In regulation 3(t)(a) the number "20". In the full out words at the end ot regulation 3( 1). the number "IT* Regulation 20. Regulation 22. In regulation 2(2) the definition "approved". In regulation 3(4) the words "Regulation 11(5)and" Regulations 11 and 12. 19 CTL018866 Column J Regulations or Order The Carcinogenic Substances Regulations I9n7. S I. 1967/879. jmended bs S I 1973/36 The Carcinogenic Substances i Prohibition ol Importation I Order 1967. SI 1967/1675 The Anthrax iCautionars Noucei Order 1968. S I 1968/2005 The Abstract ot Factories Act Order 1973 S I 1973/7. amended bv S I. 1983/978 The Chromium Plating i \mendment) Regulations 1973. S I. 1973/9 The Employment Medical \dsisorv Service (Factories Act Orders etc. Amendment l Order I'1'' SI 1973/36. The Abstract of Special Reeulanons (Potterv - Health and Welfare) Order 1973. S.l. 1973/37 Column 2 Extent ot Revocation Regulation 1311 )(b). Regulation 13(3) Regulation 19 The whole Regulations, The whole order. The whole order. In Schedule Iin paragraph 4 the words from All practicable measures" to the end of that paragraph: paragraph 9. paragraph 13. In Schedule 3in paragraph 8. the words from "Everyone who employs" to "are mixed" In Schedule 4in paragraph 8. (he words from "Evervone who employs" to "are mixed" The whole Regulations. In Part If of the Schedule the entries relating to la) The Indiarubbcr Regulations 1922: (b) The Chemical Works Regulations 1922: (c) The Patent Fuel Manufacture (Health and Welfare) Regulations 1946: (d) The Mule Spinning (Health) Special Regulations 1953. (e) The Carcinogenic Substances Regulations 1967 In Schedules 1 and 2 (each of which abstracts pans of the Pottery (Health and Welfare) Special Regulations 1950 (No 65). the fallowing paragraphs in each Schedule shall be revoked in so tar as the reference applies to that ScheduleIn regulation 2(2) the definitions- (a) "Dampfettling". (b) "Fettling": (c) "Flint or quant milling". (d) "Flintless stoneware". 20 CTL018867 Column 1 Regulations or Order Column 2 Extent ot Revocation (e) "Pollers shops . (f) "Slip-house . (h) "Wedgingof ctav ' Regulation 011 if vh | to i ix i and < xi r. Regulation 13(1). Regulation 14(21. Regulation 17( 1 )(i) to t xsii. (xxv) and (xxviii. 17(3). 17(6)(t) andlvi). Regulation 18(1) and 18(2) In regulation 18(3)(a) the words "all potters' shops, including such drying stoves as are entered by workpeople and in" and the words "subject to sub-paragraphs (b) and (c) of this paragraph.". Regulation !8(3)(a)(i), 18f3)(b) and 18(3)(c). In regulation 18(3)(d) the words "potters shops, including such drying stoves as are entered by workpeople and of1 and in regulation !8(3)(d)(i) the words "and also, in the case of any potters' shop having an impervious floor, by washing or mopping with water on at least one day in each week". Regulation 18(3)(e) to (g). In regulation 18(4) the words "biscuit placing or" in both places where they occur. In regulation 18(7) thu v references to sub-paragraphs > "(c)". "(e)" and "(f)". Regulation 18(12) and (13). Rcgulauon 19(4), , . Regulations20to22.)i ... .,,,i Regulation 26. - > v Regulation 28(3). Regulation 29(1) to 29(3). In the table in the Second Schedule the entries numbered (1) to (4). (7) to (22), (24) and (27). The Hydrogen Cyanide (Fumigation) Act 1937 (Repeals and Modifications) Regulations 1974. S.I. 1974/1840. The Health and Safety (Animal Products) (Metrication) Regulations 1980. S.I. 1980/1690.' The Chemical Works (Metrication) Regulations 1981. S I. 1981/16. The whole Regulations. The whole Regulations. The whole Regulations. The Health and Safety (Foundries etc.) (Metrication) Regulations 1981. S.I. 1981/1332. ` In the Schedule the entnes relating lo ta) The Blasting (Castings and other Articles) Special Regulations 1949 21 CTL018868 Column 1 Regulations or Order Column 2 Extent ot Revocation The Gnndinu of Metals etc iMeincaiinni Reculations 1VH1.S I 1981/1486. The whole Reuulations The Hvdroeen (_\anuie (Fumigation oi HuilUmcsl | Amendment) Regulation! 1982. S.I 1982/695 The whole Regulations The Poisonous Substances in Aenculture Regulations 19X4. S I 19M/ The whole Rceulations 1114.* 1 2 3 4 5 6 7 8 EXPLANATORY NOTE (This note is not part of the Regulations) 1. The Regulations impose duties on employers to protect employees and other persons who may he exposed to substances hazardous to health and also impose certain duties on employees 2. The terms used m the Regulations, including the term "substance hazardous to health" are defined .in regulation 2. By regulation duties are imposed on employers (who for the purposes ol these Regulations include Melt-employed persons) for the protection of their employees and of other persons who may be affected by their work. 3. Regulation" 4 prohibits the importation, supply and use at work of specified substances, and also prohibits the use of specified substances in specified processes (Schedule 2). 4. The application ol the provisions which relate to the exposure of employees (set out in regulations n to 12) is defined by regulation 5 5. Regulation n requires employers to jsscss the risks to health created by work which is liable to expose their employees to substances hazardous to health and the steps that need to be taken In them to meet the requirements oi the Regulations. 6. Regulation 7 imposes a duty on employers to prevent or. where this is not reasonably practicable, adequately to control the exposure to substances hazardous to health of their employees. Where the substance is one lor which a maximum exposure limit is specified in Schedule 1. (hat limit, so far as the inhalation of the substance is concerned, must not be exceeded and the exposure must be reduced so far as is reasonably practicable below it. 7. As respects a substance for which the Health and Safety Commission has approved an occupational exposure standard, control to that standard is to be treated as adequate so far as inhalation of the substance is concerned. Regulation 7 also requires prevention or adequate control to be achieved so far as is reasonably practicable by means other than the use of personal protective equipment and that where adequate control is achieved by the use of respiratory protective equipment, that equipment should be of a type or conform to a standard approved by the Health and Safety Executive. .8 Requirements are imposed by regulation 8 upon employers and employees to make proper use of the control measures provided, and by regulation 9 upon employers for the maintenance of those control measures. The monitoring of exposure to substances hazardous to health is required for the substances and processes specified m Schedule 4 and in any other case where such monitoring is requisite tor maintaining adequate control or protecting the health ot employees (regulation 10). CTL018869 9. Regulation 11 requires that, where appropriate for the protection of the health of employees, they must be under health surveillance and in the case of employees who are exposed to one of the substances and engaged in a process specified in Schedule 5 that health surveillance must include medical surveillance by an employment medical adviser or appointed doctor. Regulation 12 requires that employees who may be exposed to substances hazardous to health are given suitable and sufficient information, instruction and training. 10. A person who undertakes fumigations with specified fumigants is required by regulation 13 to notify in jdvance the persons specified in Schedule 7 Exceptions to this notification requirement are listed in Schedule 6. 11. The regulations provide for exemptions in certain circumstances (regulation 14) and are applied by regulation 15 to certain activities in temtonal waters adjacent to Great Britain. Regulation 16 provides for a defence in the case ot a contravention of the regulations and regulation 17 for certain transitional provisions. Modifications relating to the Ministry of Defence are introduced by regulation 18. 12. The provisions of the Mines and Quarries Act 1954 (c.70) and of the Factories Act 1961 (c.34) which are specified in Schedule 8 are repealed by regulation 19. which also repeals the Hydrogen Cyanide (Fumigation) Act 1937 (c.45) and revokes or modifies the regulations and orders specified in Schedule 9. This regulation also provides that notwithstanding those revocations, requirements in them for the keeping of any record or register shall remain in torce. 13. The Regulations are consistent with the provisions ot the Council Directive No. 80/1107/EEC on the protection oi workers irom the risk related to exjiosure to chemical, physical and biological agents .u work (OJ No. L 327, 3.12.80. p.8). 14. Copies of the publications menuoned in the Regulations are obtainable as follows- (a) the approved list (ISBN 0 11 883888 1 revised by ISBN 0 11 8239012) are obtainable from Her Muiesty's Stationery Office. (b) a list of the occupational exposure standards which the Health and Safety Commission has apprmed is untamable from the Health and Safety Executive. Baynards House. 1. Chepstow Place. London W2 4TF. 23 CTL018870 CTL018871