The Control of Substances Hazardous to Health (Amendment) Regulations 1992

Regulation 2(1)

SCHEDULE 1 AMENDMENTS TO THE PRINCIPAL REGULATIONS

1.  In regulation 2(1) of the principal Regulations, after the definition of “approved list” insert the following definition—

““carcinogen” means—

(a) any substance or preparation which if classified in accordance with the classification provided for by regulation 5 of the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984 (S.I. 1984/1244, amended by S.I. 1986/1922, S.I. 1988/766, S.I. 1989/2208 and S.I. 1990/1255) would be required to be labelled with the risk phrase R45 (may cause cancer) or R49 (may cause cancer by inhalation), whether or not the substance or preparation is required to be classified in accordance with those Regulations; or

(b) any substance or preparation listed in Schedule 10 and any substance or preparation arising from a process specified in that Schedule which is a substance hazardous to health;”.

2.  In regulation 4(2)(a) of the principal Regulations, for the words “exceeding 0.1 per cent.” “equal to or greater than 0.1 per cent. by mass”.

3.  In regulation 6(2) of the principal Regulations, after the words “shall be reviewed” insert the words “regularly, and”.

4.  In regulation 7 of the principal Regulations—

(a) in paragraph (2) after the word “health” insert the words “except to a carcinogen”;

(b) after paragraph (2) insert the following new paragraph—

“(2A) Without prejudice to the generality of paragraph (1), where the assessment made under regulation 6 shows that it is not reasonably practicable to prevent exposure to a carcinogen by using an alternative substance or process, adequate control of exposure to the carcinogen shall be achieved by the application of all the following measures, namely—

(a) the total enclosure of the process and handling systems unless this is not reasonably practicable;

(b) plant, processes and systems of work which minimise the generation of, or suppress and contain, spills, leaks, dust, fumes and vapours of carcinogens;

(c) limitation of the quantities of a carcinogen at the place of work;

(d) keeping the number of persons who might be exposed to a carcinogen to a minimum;

(e) prohibiting eating, drinking and smoking in areas that may be contaminated by carcinogens;

(f) the provision of hygiene measures including adequate washing facilities and regular cleaning of walls and surfaces;

(g) the designation of those areas and installations which may be contaminated by carcinogens, and the use of suitable and sufficient warning signs; and

(h) the safe storage, handling and disposal of carcinogens and use of closed and clearly labelled containers.”.

(c) in paragraph (3) for the words “paragraph (2)” substitute the words “paragraph (2) or (2A), as the case may be,”;

(d) after paragraph (6) insert the following new paragraph—

“(6A) In the event of the failure of a control measure which might result in the escape of carcinogens into the workplace, the employer shall ensure that—

(a) only those persons who are responsible for the carrying out of repairs and other necessary work are permitted in the affected area and they are provided with appropriate respiratory protective equipment and protective clothing; and

(b) employees and other persons who may be affected are informed of the failure forthwith.”.

5.  In regulations 10(3)(a) and 11(3) of the principal Regulations for the words “30 years” substitute the words “40 years” in both places where those words appear.

6.  In Schedule 2 to the principal Regulations—

(a) in item 1, column 1 at the end, after the words “0.1 per cent.” insert the words “by mass”;

(b) in item 11 after the words “0.1 per cent.” insert the words “by mass”.