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2002 No. 2677

HEALTH AND SAFETY

The Control of Substances Hazardous to Health Regulations 2002

  Made 24th October 2002 
  Laid before Parliament 31st October 2002 
  Coming into force 21st November 2002 


ARRANGEMENT OF REGULATIONS

1. Citation and commencement.
2. Interpretation.
3. Duties under these Regulations.
4. Prohibitions relating to certain substances.
5. Application of regulations 6 to 13.
6. Assessment of the risk to health created by work involving substances hazardous to health.
7. Prevention or control of exposure to substances hazardous to health.
8. Use of control measures etc.
9. Maintenance, examination and testing of control measures.
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. Arrangements to deal with accidents, incidents and emergencies.
14. Provisions relating to certain fumigations.
15. Exemption certificates.
16. Exemptions relating to the Ministry of Defence etc.
17. Extension outside Great Britain.
18. Revocation and savings.
19. Extension of meaning of "work".
20. Modification of section 3(2) of the 1974 Act.
21. Defence.

  Schedule 1. Other substances and processes to which the definition of "carcinogen" relates.

  Schedule 2. Prohibition of certain substances hazardous to health for certain purposes.

  Schedule 3. Additional provisions relating to work with biological agents.

  Schedule 4. Frequency of thorough examination and test of local exhaust ventilation plant used in certain processes.

  Schedule 5. Specific substances and processes for which monitoring is required.

  Schedule 6. Medical surveillance.

  Schedule 7. Legislation concerned with the labelling of containers and pipes.

  Schedule 8. Fumigations excepted from regulation 14.

  Schedule 9. Notification of certain fumigations.

The Secretary of State being the Minister designated[
1] for the purpose of section 2(2) of the European Communities Act 1972[2] in relation to the abolition of restrictions on the import or export of goods, in the exercise of the powers conferred on him by the said section 2(2) and sections 15(1), (2), (3)(b), (4), (5)(b), (6)(b) and (9), 52(2) and (3) and 82(3)(a) of, and paragraphs 1(1) to (4), 2, 6(1), 8, 9, 11, 14, 15(1), 16 and 20 of Schedule 3 to, the Health and Safety at Work etc. Act 1974[3] ("the 1974 Act") and of all other powers enabling him in that behalf and for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Control of Substances Hazardous to Health Regulations 2002 and shall come into force on 21st November 2002.

Interpretation
    
2.  - (1) In these Regulations - 

    (2) In these Regulations, a reference to an employee being exposed to a substance hazardous to health is a reference to the exposure of that employee to a substance hazardous to health arising out of or in connection with work at the workplace.

    (3) Where a biological agent has an approved classification, any reference in these Regulations to a particular Group in relation to that agent shall be taken as a reference to the Group to which that agent has been assigned in that approved classification.

Duties under these Regulations
     3.  - (1) Where a duty is placed by these Regulations on an employer in respect of his employees, he shall, so far as is reasonably practicable, be under a like duty in respect of any other person, whether at work or not, who may be affected by the work carried out by the employer except that the duties of the employer - 

    (2) These Regulations shall apply to a self-employed person as they apply to an employer and an employee and as if that self-employed person were both an employer and an employee, except that regulations 10 and 11 shall not apply to a self-employed person.

    (3) The duties imposed by these Regulations shall not extend to the master or crew of a sea-going ship or to the employer of such persons in relation to the normal shipboard activities of a ship's crew under the direction of the master.

Prohibitions relating to certain substances
    
4.  - (1) Those substances described in 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 Kingdom, other than from another member State, of the following substances and articles is prohibited, namely - 

and a contravention of this paragraph shall be punishable under the Customs and Excise Management Act 1979[11] 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 a substance or article specified in paragraph (2).

    (4) A person shall not supply during the course of or for use at work, benzene or a substance containing benzene unless its intended use is not prohibited by item 11 of Schedule 2.

Application of regulations 6 to 13
     5.  - (1) Regulations 6 to 13 shall have effect with a view to protecting persons against a risk to their health, whether immediate or delayed, arising from exposure to substances hazardous to health except - 

    (2) In paragraph (1)(c) "medical treatment" means medical or dental examination or treatment which is conducted by, or under the direction of a - 

and includes any such examination or treatment conducted for the purpose of research.

Assessment of the risk to health created by work involving substances hazardous to health
     6.  - (1) An employer shall not carry out work which is liable to expose any employees to any substance hazardous to health unless he has - 

    (2) The risk assessment shall include consideration of - 

    (3) The risk assessment shall be reviewed regularly and forthwith if - 

and where, as a result of the review, changes to the risk assessment are required, those changes shall be made.

    (4) Where the employer employs 5 or more employees, he shall record - 

Prevention or control of exposure to substances hazardous to health
    
7.  - (1) Every employer shall ensure that the exposure of his employees to substances hazardous to health is either prevented or, where this is not reasonably practicable, adequately controlled.

    (2) In complying with his duty of prevention under paragraph (1), substitution shall by preference be undertaken, whereby the employer shall avoid, so far as is reasonably practicable, the use of a substance hazardous to health at the workplace by replacing it with a substance or process which, under the conditions of its use, either eliminates or reduces the risk to the health of his employees.

    (3) Where it is not reasonably practicable to prevent exposure to a substance hazardous to health, the employer shall comply with his duty of control under paragraph (1) by applying protection measures appropriate to the activity and consistent with the risk assessment, including, in order of priority - 

    (4) The measures referred to in paragraph (3) shall include - 

    (5) Without prejudice to the generality of paragraph (1), where it is not reasonably practicable to prevent exposure to a carcinogen, the employer shall apply the following measures in addition to those required by paragraph (3) - 

    (6) Without prejudice to the generality of paragraph (1), where it is not reasonably practicable to prevent exposure to a biological agent, the employer shall apply the following measures in addition to those required by paragraph (3) - 

    (7) Without prejudice to the generality of paragraph (1), where there is exposure to a substance for which a maximum exposure limit has been approved, 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.

    (8) Without prejudice to the generality of paragraph (1), where there is exposure to a substance for which an occupational exposure standard has been approved, control of exposure shall, so far as the inhalation of that substance is concerned, only be treated as being adequate if - 

    (9) Personal protective equipment provided by an employer in accordance with this regulation shall be suitable for the purpose and shall - 

    (10) Without prejudice to the provisions of this regulation, Schedule 3 shall have effect in relation to work with biological agents.

    (11) In this regulation, "adequate" means adequate having regard only to the nature of the substance and the nature and degree of exposure to substances hazardous to health and "adequately" shall be construed accordingly.

Use of control measures etc.
     8.  - (1) Every employer who provides any control measure, other thing or facility in accordance with these Regulations shall take all reasonable steps to ensure that it is properly used or applied as the case may be.

    (2) Every employee shall make full and proper use of any control measure, other thing or facility provided in accordance with these Regulations and, where relevant, shall - 

Maintenance, examination and testing of control measures
    
9.  - (1) Every employer who provides any control measure to meet the requirements of regulation 7 shall ensure that, where relevant, it is maintained in an efficient state, in efficient working order, in good repair and in a clean condition.

    (2) Where engineering controls are provided to meet the requirements of regulation 7, the employer shall ensure that thorough examination and testing of those controls is carried out - 

    (3) Where respiratory protective equipment (other than disposable respiratory protective equipment) is provided to meet the requirements of regulation 7, the employer shall ensure that thorough examination and, where appropriate, testing of that equipment is carried out at suitable intervals.

    (4) Every employer shall keep a suitable record of the examinations and tests carried out in accordance with paragraphs (2) and (3) and of repairs carried out as a result of those examinations and tests, and that record or a suitable summary thereof shall be kept available for at least 5 years from the date on which it was made.

    (5) Every employer shall ensure that personal protective equipment, including protective clothing, is:

    (6) Personal protective equipment which may be contaminated by a substance hazardous to health shall be removed on leaving the working area and kept apart from uncontaminated clothing and equipment.

    (7) The employer shall ensure that the equipment referred to in paragraph (6) is subsequently decontaminated and cleaned or, if necessary, destroyed.

Monitoring exposure at the workplace
    
10.  - (1) Where the risk assessment indicates that - 

the employer shall ensure that the exposure of employees to substances hazardous to health is monitored in accordance with a suitable procedure.

    (2) Paragraph (1) shall not apply where the employer is able to demonstrate by another method of evaluation that the requirements of regulation 7(1) have been complied with.

    (3) The monitoring referred to in paragraph (1) shall take place - 

    (4) Where a substance or process is specified in Column 1 of Schedule 5, monitoring shall be carried out at least at the frequency specified in the corresponding entry in Column 2 of that Schedule.

    (5) The employer shall ensure that a suitable record of monitoring carried out for the purpose of this regulation is made and maintained and that that record or a suitable summary thereof is kept available - 

from the date of the last entry made in it.

    (6) Where an employee is required by regulation 11 to be under health surveillance, an individual record of any monitoring carried out in accordance with this regulation shall be made, maintained and kept in respect of that employee.

    (7) The employer shall - 

Health surveillance
    
11.  - (1) Where it is appropriate for the protection of the health of his employees who are, or are liable to be, exposed to a substance hazardous to health, the employer shall ensure that such employees are under suitable health surveillance.

    (2) Health surveillance shall be treated as being appropriate where - 

    (3) The employer shall ensure that a health record, containing particulars approved by the Executive, in respect of each of his employees to whom paragraph (1) applies, is made and maintained and that that record or a copy thereof is kept available in a suitable form for at least 40 years from the date of the last entry made in it.

    (4) The employer shall - 

    (5) If an employee is exposed to a substance specified in Schedule 6 and is engaged in a process specified therein, the health surveillance required under paragraph (1) shall include medical surveillance under the supervision of a relevant doctor at intervals of not more than 12 months or at such shorter intervals as the relevant doctor may require.

    (6) Where an employee is subject to medical surveillance in accordance with paragraph (5) and a relevant doctor has certified by an entry in the health record of that employee that in his professional opinion that employee should not be engaged in work which exposes him to that substance or that he should only be so engaged under conditions specified in the record, the employer shall not permit the employee to be engaged in such work except in accordance with the conditions, if any, specified in the health record, unless that entry has been cancelled by a relevant doctor.

    (7) Where an employee is subject to medical surveillance in accordance with paragraph (5) and a relevant doctor has certified by an entry in his health record that medical surveillance should be continued after his exposure to that substance has ceased, the employer shall ensure that the medical surveillance of that employee is continued in accordance with that entry while he is employed by the employer, unless that entry has been cancelled by a relevant doctor.

    (8) An employee to whom this regulation applies shall, when required by his employer and at the cost of the employer, present himself during his working hours for such health surveillance procedures as may be required for the purposes of paragraph (1) and, in the case of an employee who is subject to medical surveillance in accordance with paragraph (5), shall furnish the relevant doctor with such information concerning his health as the relevant doctor may reasonably require.

    (9) Where, as a result of health surveillance, an employee is found to have an identifiable disease or adverse health effect which is considered by a relevant doctor or other occupational health professional to be the result of exposure to a substance hazardous to health the employer of that employee shall - 

    (10) Where, for the purpose of carrying out his functions under these Regulations, a relevant doctor requires to inspect any workplace or any record kept for the purposes of these Regulations, the employer shall permit him to do so.

    (11) Where an employee or an employer is aggrieved by a decision recorded in the health record by a relevant doctor to suspend an employee from work which exposes him 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 days of the date on which he was notified of the decision, apply for that decision to be reviewed in accordance with a procedure approved for the purposes of this paragraph by the Health and Safety Commission, and the result of that review shall be notified to the employee and employer and entered in the health record in accordance with the approved procedure.

Information, instruction and training for persons who may be exposed to substances hazardous to health
    
12.  - (1) Every employer who undertakes work which is liable to expose an employee to a substance hazardous to health shall provide that employee with suitable and sufficient information, instruction and training.

    (2) Without prejudice to the generality of paragraph (1), the information, instruction and training provided under that paragraph shall include - 

    (3) The information, instruction and training required by paragraph (1) shall be - 

    (4) Every employer shall ensure that any person (whether or not his employee) who carries out work in connection with the employer's duties under these Regulations has suitable and sufficient information, instruction and training.

    (5) Where containers and pipes for substances hazardous to health used at work are not marked in accordance with any relevant legislation listed in Schedule 7, the employer shall, without prejudice to any derogations provided for in that legislation, ensure that the contents of those containers and pipes, together with the nature of those contents and any associated hazards, are clearly identifiable.

Arrangements to deal with accidents, incidents and emergencies
    
13.  - (1) Subject to paragraph (4) and without prejudice to the relevant provisions of the Management of Health and Safety at Work Regulations 1999[17], in order to protect the health of his employees from an accident, incident or emergency related to the presence of a substance hazardous to health at the workplace, the employer shall ensure that - 

    (2) The employer shall ensure that information on the procedures and systems required by paragraph (1)(a) and (c) and the information required by paragraph(1)(b) is - 

    (3) Subject to paragraph (4), in the event of an accident, incident or emergency related to the presence of a substance hazardous to health at the workplace, the employer shall ensure that - 

    (4) Paragraph (1) and, provided the substance hazardous to health is not a carcinogen or biological agent, paragraph (3) shall not apply where - 

    (5) An employee shall report forthwith, to his employer or to any other employee of that employer with specific responsibility for the health and safety of his fellow employees, any accident or incident which has or may have resulted in the release of a biological agent which could cause severe human disease.

Provisions relating to certain fumigations
     14.  - (1) This regulation shall apply to fumigations in which the fumigant used or intended to be used is hydrogen cyanide, phosphine or methyl bromide, except that paragraph (2) shall not apply to fumigations using the fumigant specified in Column 1 of Schedule 8 when the nature of the fumigation is that specified in the corresponding entry in Column 2 of that Schedule.

    (2) An employer shall not undertake fumigation to which this regulation applies unless he has - 

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 carried out and that after the fumigation has been completed, and the premises are safe to enter, those warning notices are removed.

Exemption certificates
    
15.  - (1) Subject to paragraph (2) the Executive may, by a certificate in writing, exempt any person or class of persons or any substance or class of substances from all or any of the requirements or prohibitions imposed by regulations 4 (to the extent permitted by article 9 of Council Directive 98/24/EC), 8, 9, 11(8), (10) and (11) and 14 of these Regulations and any such exemption may be granted subject to conditions and to a limit of 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 - 

it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.

Exemptions relating to the Ministry of Defence etc.
    
16.  - (1) In this regulation - 

    (2) The Secretary of State for Defence may, in the interests of national security, by a certificate in writing exempt - 

from all or any of the requirements or prohibitions imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing, except that, where any such exemption is granted, suitable arrangements shall be made for the assessment of the health risk created by the work involving substances hazardous to health and for adequately controlling the exposure to those substances of persons to whom the exemption relates.

    (3) Regulation 11(11) shall not apply in relation to - 

Extension outside Great Britain
     17.  - (1) Subject to paragraph (2), these Regulations shall apply to and in relation to any activity outside Great Britain to which sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001[20] as those provisions apply within Great Britain.

    (2) These Regulations shall not extend to Northern Ireland except insofar as they relate to imports of substances and articles referred to in regulation 4(2) into the United Kingdom.

Revocation and savings
     18.  - (1) The Control of Substances Hazardous to Health Regulations 1999[21] are revoked.

    (2) Any record or register required to be kept under the Regulations revoked by paragraph (1) shall, notwithstanding that revocation, be kept in the same manner and for the same period as specified in those Regulations as if these Regulations had not been made, except that the Executive may 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 so revoked.

Extension of meaning of "work"
     19. For the purposes of Part I of the 1974 Act the meaning of "work" shall be extended to include any activity involving the consignment, storage or use of a Group 2, 3 or 4 biological agent and the meaning of "at work" shall be extended accordingly, and in that connection the references to employer in paragraphs 5 and 6 of Schedule 3 include references to any persons carrying out such an activity.

Modification of section 3(2) of the 1974 Act
    
20. Section 3(2) of the 1974 Act shall be modified in relation to an activity involving the consignment, storage or use of any of the biological agents referred to in regulation 19 so as to have effect as if the reference therein to a self-employed person is a reference to any person who is not an employer or an employee and the reference therein to his undertaking includes a reference to such an activity.

Defence
    
21. Subject to regulation 21 of the Management of Health and Safety at Work Regulations 1999[22], in any proceedings for an offence consisting of a contravention of these Regulations it shall be a defence for any person to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of that offence.



Signed by authority of the Secretary of State.


N. Brown
Minister of State, Department for Work and Pensions

24th October 2002



SCHEDULE 1
Regulation 2(1)


OTHER SUBSTANCES AND PROCESSES TO WHICH THE DEFINITION OF "CARCINOGEN" RELATES


Aflatoxins.

Arsenic.

Auramine manufacture.

Calcining, sintering or smelting of nickel copper matte or acid leaching or electrorefining of roasted matte.

Coal soots, coal tar, pitch and coal tar fumes.

Hardwood dusts.

Isopropyl alcohol manufacture (strong acid process).

Leather dust in boot and shoe manufacture, arising during preparation and finishing.

Magenta manufacture.

Mustard gas ([beta], [beta]' -dichlorodiethyl sulphide).

Rubber manufacturing and processing giving rise to rubber process dust and rubber fume.

Used engine oils.



SCHEDULE 2
Regulation 4(1)


PROHIBITION OF CERTAIN SUBSTANCES HAZARDOUS TO HEALTH FOR CERTAIN PURPOSES


Column 1 Column 2
Description of substance Purpose for which the substance is prohibited
1. 2-naphthylamine; benzidine;

4-aminodiphenyl;

4-nitrodiphenyl; their salts and any substance containing any of those compounds, in a total concentration equal to or greater than 0.1 per cent by mass.

Manufacture and use for all purposes including any manufacturing process in which a substance described in Column 1 of this item is formed.
2. Sand or other substance containing free silica. Use as an abrasive for blasting articles in any blasting apparatus.
3. A substance - 

    (a) containing compounds of silicon calculated as silica to the extent of more than 3 per cent by weight of dry material, other than natural sand, zirconium silicate (zircon), calcined china clay, calcined aluminous fireclay, sillimanite, calcined or fused alumina, olivine; or

    (b) composed of or containing dust or other matter deposited from a fettling or blasting process.

Use as a parting material in connection with the making of metal castings.
4. Carbon disulphide. Use in the cold-cure process of vulcanising in the proofing of cloth with rubber.
5. Oils other than white oil, or oil of entirely animal or vegetable origin or entirely of mixed animal and vegetable origin. Use for oiling the spindles of self-acting mules.
6. Ground or powdered flint or quartz other than natural sand. 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 firing; and

    (d) as dusting or supporting powder in potters' shops.

7. Ground or powdered flint or quartz other than - 

    (a) natural sand; or

    (b) ground or powdered flint or quartz

which forms parts of 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 - 

      (i) the manufacture of powdered flint or quartz, or

      (ii) the making of 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.

8. Dust or powder of a refractory material containing not less than 80 per cent of silica other than natural sand. Use for sprinkling the moulds of silica bricks, namely bricks or other articles composed of refractory material and containing not less than 80 per cent of silica.
9. White phosphorus. Use in the manufacture of matches.
10. Hydrogen cyanide. Use in fumigation except when - 

    (a) released from an inert material in which hydrogen cyanide is absorbed;

    (b) generated from a gassing powder; or

    (c) applied from a cylinder through suitable piping and applicators other than for fumigation in the open air to control or kill mammal pests.

11. Benzene and any substance containing benzene in a concentration equal to or greater than 0.1 per cent by mass, other than - 

    (a) motor fuels covered by Council Directive 85/210/EEC (OJ No. L96, 3.4.85, p. 25);

    (b) waste covered by Council Directives 75/442/EEC (OJ No. L194, 25.7.75, p. 39), as amended by Council Directive 91/156/EEC (OJ No. L78, 26.3.91, p. 32), and 91/689/EEC (OJ No. L377, 31.12.91, p. 20).

Use for all purposes except - 

    (a) use in industrial processes; and

    (b) for the purposes of research and development or for the purpose of analysis.

12. The following substances - 

    Chloroform CAS No. 67-66-3;

Carbon Tetrachloride CAS No. 56-23-5;

1,1,2 Trichloroethane CAS No. 79-00-5;

1,1,2,2 Tetrachloroethane CAS No. 79-34-5;

1,1,1,2 Tetrachloroethane CAS No. 630-20-6;

Pentachloroethane CAS No. 76-01-7;

Vinylidene chloride

(1,1 Dichloroethylene) CAS No. 75-35-4;

1,1,1 Trichloroethane CAS No. 71-55-6,

and any substance containing one or more of those substances in a concentration equal to or greater than 0.1 per cent by mass, other than - 

    (a) medicinal products;

    (b) cosmetic products.

Supply for use at work in diffusive applications such as in surface cleaning and the cleaning of fabrics except for the purposes of research and development or for the purpose of analysis.

In this Schedule - 



SCHEDULE 3
Regulation 7(10)


ADDITIONAL PROVISIONS RELATING TO WORK WITH BIOLOGICAL AGENTS




PART I

PROVISIONS OF GENERAL APPLICATION TO BIOLOGICAL AGENTS

Interpretation
     1. In this Schedule "diagnostic service" means any activity undertaken solely with the intention of analysing specimens or samples from a human patient or animal in which a biological agent is or is suspected of being present for purposes relating to the assessment of the clinical progress, or assistance in the clinical management, of that patient or animal, and "diagnosis" shall be construed accordingly.

Classification of biological agents
     2.  - (1) Where a biological agent does not have an approved classification, the employer shall provisionally classify that agent in accordance with sub-paragraph (2), having regard to the nature of the agent and the properties of which he may reasonably be expected to be aware.

    (2) When provisionally classifying a biological agent the employer shall assign that agent to one of the following Groups according to its level of risk of infection and, if in doubt as to which of two alternative Groups is the most appropriate, he shall assign it to the higher of the two - 

    (3) Where an employer is using a biological agent which has an approved classification and the risk of infection for that particular agent is different to that expected, the employer shall reclassify the agent in consultation with the Executive as if performing a provisional classification under sub-paragraph (2).

Special control measures for laboratories, animal rooms and industrial processes
     3.  - (1) Every employer who is engaged in any of the activities specified in sub-paragraph (3) shall ensure that measures taken to control adequately the exposure of his employees to biological agents include, in particular, the most suitable combination of containment measures from those listed in Parts II and III of this Schedule as appropriate, taking into account - 

    (2) An employer who is engaged in - 

    (3) The activities referred to in sub-paragraph (1) are - 

    (4) Subject to sub-paragraph (5), the minimum containment level referred to in sub-paragraph (1) shall be - 

    (5) The Health and Safety Commission may approve guidelines specifying the minimum containment measures which are to apply in any particular case.

    (6) The Health and Safety Commission shall not approve any guidelines under paragraph (5) unless it is satisfied that the health of any person who is likely to be affected by the use of those guidelines will not be prejudiced.

List of employees exposed to certain biological agents
     4.  - (1) Subject to sub-paragraph (2), every employer shall keep a list of employees exposed to a Group 3 or Group 4 biological agent, indicating the type of work done and, where known, the biological agent to which they have been exposed, and records of exposures, accidents and incidents, as appropriate.

    (2) Sub-paragraph (1) shall not apply where the results of the risk assessment indicate that - 

    (3) The employer shall ensure that the list or a copy thereof is kept available in a suitable form for at least 40 years from the date of the last entry made in it.

    (4) The relevant doctor referred to in regulation 11, and any employee of that employer with specific responsibility for the health and safety of his fellow employees, shall have access to the list.

    (5) Each employee shall have access to the information on the list which relates to him personally.

Notification of the use of biological agents
     5.  - (1) Subject to sub-paragraphs (7) and (8), an employer shall not use for the first time one or more biological agents in Group 2, 3 or 4 at particular premises for any of the activities listed in paragraph 3(3) unless he has - 

    (2) Subject to sub-paragraphs (7) and (9), an employer shall not use a biological agent which is specified in Part V of this Schedule, except where the use of that agent has been notified to the Executive in accordance with sub-paragraph (1), for any of the activities listed in paragraph 3(3) unless he has - 

    (3) The Executive may accept a single notification under sub-paragraph (2) in respect of the use of more than one biological agent by the same person.

    (4) Upon receipt of the notification required by sub-paragraph (1) or (2), the Executive shall, within 20 working days - 

    (5) The particulars to be included in the notification referred to in sub-paragraphs (1) and (2) shall be - 

    (6) Where there are changes to processes, procedures or the biological agent which are of importance to health or safety at work and which render the original notification invalid the employer shall notify the Executive forthwith in writing of those changes.

    (7) Sub-paragraphs (1) and (2) shall not apply in relation to a biological agent where an intention to use that biological agent has been previously notified to the Executive in accordance with the Genetically Modified Organisms (Contained Use) Regulations 2000[
25].

    (8) The requirement in sub-paragraph (1) to notify first use of a biological agent in Group 2 or 3 shall not apply to an employer whose only use of that agent is in relation to the provision of a diagnostic service provided that use will not involve a process likely to propagate, concentrate or otherwise increase the risk of exposure to that agent.

    (9) The requirement in sub-paragraph (2) to notify use of a biological agent specified in Part V of this Schedule shall not apply to an employer whose only use of that agent is in relation to the provision of a diagnostic service provided that use will not involve a process likely to propagate, concentrate or otherwise increase the risk of exposure to that agent.

Notification of the consignment of biological agents
     6.  - (1) An employer shall not consign a Group 4 biological agent or anything containing, or suspected of containing, such an agent to any other premises, whether or not those premises are under his ownership or control, unless he has notified the Executive in writing of his intention to do so at least 30 days in advance or before such shorter time as the Executive may approve and with that notification has furnished the particulars specified in sub-paragraph (4).

    (2) Sub-paragraph (1) shall not apply where - 

    (3) Where a Group 4 biological agent is imported into Great Britain, the consignee shall give the notice required by sub-paragraph (1).

    (4) The particulars to be included in the notification referred to in sub-paragraph (1) shall be - 



PART II

CONTAINMENT MEASURES FOR HEALTH AND VETERINARY CARE FACILITIES, LABORATORIES AND ANIMAL ROOMS

Containment measures Containment levels
          2 3 4
1 The workplace is to be separated from any other activities in the same building. No Yes Yes
2 Input air and extract air to the workplace are to be filtered using HEPA or equivalent. No Yes, on extract air Yes, on input and double on extract air
3 Access is to be restricted to authorised persons only. Yes Yes Yes, via air-lock key procedure
4 The workplace is to be sealable to permit disinfection. No Yes Yes
5 Specified disinfection procedure. Yes Yes Yes
6 The workplace is to be maintained at an air pressure negative to atmosphere. No Yes Yes
7 Efficient vector control eg rodents and insects. Yes, for animal containment Yes, for animal containment Yes
8 Surfaces impervious to water and easy to clean. Yes, for bench Yes, for bench and floor (and walls for animal containment) Yes, for bench, floor, walls and ceiling
9 Surfaces resistant to acids, alkalis, solvents, disinfectants. Yes, for bench Yes, for bench and floor (and walls for animal containment) Yes, for bench, floor, walls and ceiling
10 Safe storage of biological agents. Yes Yes Yes, secure storage
11 An observation window, or alternative, is to be present, so that occupants can be seen. No Yes Yes
12 A laboratory is to contain its own equipment. No Yes, so far as is reasonably practicable Yes
13 Infected material, including any animal, is to be handled in a safety cabinet or isolator or other suitable containment. Yes, where aerosol produced Yes, where aerosol produced Yes
14 Incinerator for disposal of animal carcases. Accessible Accessible Yes, on site



PART III

CONTAINMENT MEASURES FOR INDUSTRIAL PROCESSES

Containment measures Containment levels
          2 3 4
1 Viable micro-organisms should be contained in a system which physically separates the process from the environment (closed system). Yes Yes Yes
2 Exhaust gases from the closed system should be treated so as to -  Minimise release Prevent release Prevent release
3 Sample collection, addition of materials to a closed system and transfer of viable micro-organisms to another closed system, should be performed so as to -  Minimise release Prevent release Prevent release
4 Bulk culture fluids should not be removed from the closed system unless the viable micro-organisms have been -  Inactivated by validated means Inactivated by validated chemical or physical means Inactivated by validated chemical or physical means
5 Seals should be designed so as to -  Minimise release Prevent release Prevent release
6 Closed systems should be located within a controlled area -  Optional Optional Yes, and purpose-built
     (a) biohazard signs should be posted;

Optional Yes Yes
     (b) access should be restricted to nominated personnel only;

Optional Yes Yes, via air-lock
     (c) personnel should wear protective clothing;

Yes, work clothing Yes Yes, a complete change
     (d) decontamination and washing facilities should be provided for personnel;

Yes Yes Yes
     (e) personnel should shower before leaving the controlled area;

No Optional Yes
     (f) effluent from sinks and showers should be collected and inactivated before release;

No Optional Yes
     (g) the controlled area should be adequately ventilated to minimise air contamination;

Optional Optional Yes
     (h) the controlled area should be maintained at an air pressure negative to atmosphere;

No Optional Yes
     (i) input and extract air to the controlled area should be HEPA filtered;

No Optional Yes
     (j) the controlled area should be designed to contain spillage of the entire contents of closed system;

Optional Yes Yes
     (k) the controlled area should be sealable to permit fumigation.

No Optional Yes
7 Effluent treatment before final discharge. Inactivated by validated means Inactivated by validated chemical or physical means Inactivated by validated physical means



PART IV

BIOHAZARD SIGN

The biohazard sign required by regulation 7(6)(a) shall be in the form shown below - 





PART V

BIOLOGICAL AGENTS WHOSE USE IS TO BE NOTIFIED IN ACCORDANCE WITH PARAGRAPH 5(2) OF PART I OF THIS SCHEDULE

Any Group 3 or 4 agent.

The following Group 2 agents:



SCHEDULE 4
Regulation 9(2)(a)


FREQUENCY OF THOROUGH EXAMINATION AND TEST OF LOCAL EXHAUST VENTILATION PLANT USED IN CERTAIN PROCESSES


Column 1 Column 2
Process Minimum frequency
Processes in which blasting is carried out in or incidental to the cleaning of metal castings, in connection with their manufacture. 1 month
Processes, other than wet processes, in which metal articles (other than of gold, platinum or iridium) are ground, abraded or polished using mechanical power, in any room for more than 12 hours in any week. 6 months
Processes giving off dust or fume in which non-ferrous metal castings are produced. 6 months
Jute cloth manufacture. 1 month



SCHEDULE 5
Regulation 10(4)


SPECIFIC SUBSTANCES AND PROCESSES FOR WHICH MONITORING IS REQUIRED


Column 1 Column 2
Substance or process Minimum frequency
Vinyl chloride monomer. Continuous or in accordance with a procedure approved by the Health and Safety Commission.
Spray given off from vessels at which an electrolytic chromium process is carried on, except trivalent chromium. Every 14 days while the process is being carried on.



SCHEDULE 6
Regulation 11(2)(a) and (5)


MEDICAL SURVEILLANCE


Column 1 Column 2
Substances for which medical surveillance is appropriate Process
Vinyl chloride monomer (VCM). In manufacture, production, reclamation, storage, discharge, transport, use or polymerisation.
Nitro or amino derivatives of phenol and of benzene or its homologues. In the manufacture of nitro or amino derivatives of phenol and of benzene or its homologues and the making of explosives with the use of any of these substances.
Potassium or sodium chromate or dichromate. In manufacture.
Ortho-tolidine and its salts. Dianisidine and its salts. Dichlorobenzidine and its salts. In manufacture, formation or use of these substances.
Auramine. Magenta. In manufacture.
Carbon disulphide. Disulphur dichloride. Benzene, including benzol. Carbon tetrachloride. Trichlorethylene. Processes in which these substances are used, or given off as vapour, in the manufacture of indiarubber or of articles or goods made wholly or partially of indiarubber.
Pitch. In manufacture of blocks of fuel consisting of coal, coal dust, coke or slurry with pitch as a binding substance.



SCHEDULE 7
Regulation 12(5)


LEGISLATION CONCERNED WITH THE LABELLING OF CONTAINERS AND PIPES


The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 (CHIP) (SI 2002/1689);

The Health and Safety (Safety Signs and Signals) Regulations 1996 (SI 1996/341);

The Radioactive Material (Road Transport) Regulations 2002 (SI 2002/1093);

The Carriage of Dangerous Goods by Rail Regulations 1996 (SI 1996/2089);

The Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 2002 (SI 2002/2099);

The Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 (SI 1996/2092);

The Carriage of Explosives by Road Regulations 1996 (SI 1996/2093);

The Carriage of Dangerous Goods by Road Regulations 1996 (SI 1996/2095); and

The Good Laboratory Practice Regulations 1999 (SI 1999/3106).



SCHEDULE 8
Regulation 14(1)


FUMIGATIONS EXCEPTED FROM REGULATION 14


Column 1 Column 2
Fumigant Nature of fumigation
Hydrogen cyanide. Fumigations carried out for research.

Fumigations in fumigation chambers.

Fumigations in the open air to control or kill mammal pests.

Methyl bromide.

Fumigations carried out for research.

Fumigations in fumigation chambers.

Fumigations of soil outdoors under gas-proof sheeting where 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 any period of 24 hours on the premises.

Fumigations of compost outdoors under gas-proof sheeting where not more than 10 kg of methyl bromide is used in any period 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 of methyl bromide is used in each structure during any period of 24 hours.

Fumigations of soil or compost in mushroom houses where not more than 5 kg of methyl bromide is used in any one fumigation in any period of 24 hours.

Fumigations of containers where not more than 5 kg of methyl bromide is used in any one fumigation in a period of 24 hours.

Phosphine. Fumigations carried out for research.

Fumigations in fumigation chambers.

Fumigations under gas-proof sheeting inside structures where not more than 1 kg of phosphine in each structure is used in any period of 24 hours.

Fumigations in containers where not more than 0.5 kg of phosphine is used in any one fumigation in any period of 24 hours.

Fumigations in individual impermeable packages.

Fumigations in the open air to control or kill mammal pests.




SCHEDULE 9
Regulation 14(2)


NOTIFICATION OF CERTAIN FUMIGATIONS




PART I

PERSONS TO WHOM NOTIFICATIONS MUST BE MADE

     1. In the case of a fumigation to be carried out within the area of a harbour authority, advance notification of fumigation shall, for the purposes of regulation 14(2)(a), be given to - 

     2. In the case of a fumigation, other than a fumigation to which paragraph (1) applies, advance notification of fumigation shall be given to - 



PART II

INFORMATION TO BE GIVEN IN ADVANCE NOTICE OF FUMIGATIONS

     3. The information to be given in a notification made for the purposes of regulation 14(2) shall include the following - 



EXPLANATORY NOTE

(This note is not part of the Regulations)


     1. These Regulations re-enact, with modifications, the Control of Substances Hazardous to Health Regulations 1999 (S.I. 1999/437) ("the 1999 Regulations"). The 1999 Regulations imposed duties on employers to protect employees and other persons who may be exposed to substances hazardous to health and also imposed certain duties on employees concerning their own protection from such exposure, and prohibited the import into the United Kingdom of certain substances and articles from outside the European Economic Area.

     2. The Regulations, with the exception of regulations 8, 9, 11(8), (10) and (11) and 14, implement as respects Great Britain - 

     3. The Regulations are consistent with the provisions of Commission Directive 91/322/EEC (OJ No. L 177, 5.7.91, p.22) on establishing indicative limit values by implementing Council Directive 80/1107/EEC on the protection of workers from risks related to exposure to chemical, physical and biological agents at work.

     4. In addition to minor and drafting amendments, the Regulations make the following changes of substance - 

     5. Copies of the publications mentioned in the Regulations are obtainable as follows - 

     6. A copy of the regulatory impact assessment prepared in respect of these Regulations can be obtained from the Health and Safety Executive, Economic Advisers Unit, Rose Court, 2 Southwark Bridge, London SE1 9HS. A copy of the transposition note in relation to implementation of the Directives set out in paragraph 2 can be obtained from the Health and Safety Executive, International Branch at the same address. Copies of both these documents have been placed in the Library of each House of Parliament.


Notes:

[1] S.I. 1992/2661.back

[2] 1972 c. 68, the definition of the Treaties referred to in section 2(2) of the European Communities Act 1972 was extended by section 1 of the European Economic Area Act 1993 (c. 51).back

[3] 1974 c. 37, sections 11(2), 15(1) and 50(3) were amended by the Employment Protection Act 1975 (c. 71), Schedule 15, paragraphs 4, 6 and 16(3) respectively.back

[4] The Agreement was amended by Decision 7/94 of the EEA Joint Committee of 21st March 1994 (OJ No. L160, 28.6.94, p. 1). There are other amendments to the Agreement not relevant to these Regulations.back

[5] 1993 c. 51.back

[6] S.I. 2002/1689.back

[7] 1954 c. 70, section 180 was modified by S.I. 1974/2013, 1993/1897 and 1999/2024.back

[8] 1980 c. 66.back

[9] 1984 c. 54.back

[10] 1984 c. 24.back

[11] 1979 c. 2.back

[12] S.I. 1975/1433, as amended by S.I. 1978/807.back

[13] S.I. 2002/2676.back

[14] S.I. 2002/2675.back

[15] 1968 c. 67.back

[16] S.I. 2002/1144.back

[17] S.I. 1999/3242.back

[18] 1952 c. 67.back

[19] S.I. 1999/1736.back

[20] S.I. 2001/2127.back

[21] S.I. 1999/437.back

[22] S.I. 1999/3242.back

[23] S.I. 1996/2925.back

[24] 1968 c. 67.back

[25] S.I. 2000/2831.back



ISBN 0 11 042919 2


  Prepared 1 November 2002


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