The Control of Substances Hazardous to Health Regulations 1988

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 be exposed to substances hazardous to health and also impose certain duties on employees.

2.  The terms used in the Regulations, including the term “substance hazardous to health” are defined in regulation 2. By regulation 3 duties are imposed on employers (who for the purposes of these Regulations include self-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 of the provisions which relate to the exposure of employees (set out in regulations 6 to 12) is defined by regulation 5.

5.  Regulation 6 requires employers to assess 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 by them to meet the requirements of 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 for which a maximum exposure limit is specified in Schedule 1, that 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 in Schedule 4 and in any other case where such monitoring is requisite for maintaining adequate control or protecting the health of employees (regulation 10).

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 advance 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 territorial waters adjacent to Great Britain. Regulation 16 provides for a defence in the case of 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 force.

13.  The Regulations are consistent with the provisions of the Council Directive No. 80/1107/EEC on the protection of workers from the risk related to exposure to chemical, physical and biological agents at work (OJ No. L 327, 3.12.80, p.8).

14.  Copies of the publications mentioned 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 Majesty’s Stationery Office.

(b) a list of the occupational exposure standards which the Health and Safety Commission has approved is obtainable from the Health and Safety Executive, Baynards House, 1, Chepstow Place, London W2 4TF.