The Control of Lead at Work Regulations 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and re-enact the Control of Lead at Work Regulations 1980 (“the 1980 Regulations”) with modifications. The 1980 Regulations imposed requirements for the protection of employees who might be exposed to lead at work and of others who might be affected by such work.

The Regulations give effect as respects Great Britain to the following provisions of Council Directive 82/605/EEC (OJ No. L247, 23.8.82, p. 12) on the protection of workers from the risks related to exposure to metallic lead and its ionic compounds at work.

(a) Articles 4 to 7, 9, and 11 to 13;

(b) Article 2 except for paragraph 2.4 in so far as it requires lead-in-air monitoring for all workers concerned where an individual worker is found to have a blood-lead level greater than 50 μg Pb/100ml blood and paragraph 2.5;

(c) Article 3 except for paragraph 3.3(i) in so far as it requires, as a condition for the reduction in the frequency of air monitoring to once a year, that the results of measurement for individual workers have shown that on the two previous occasions of monitoring the lead-in-air concentration did not exceed 100 μg/m³;

(d) Article 8 except for paragraph 8.4 in so far as it concerns the consultation of workers or their representatives;

(e) Article 10 except for paragraphs 10.1(a)(ii) (requiring areas to be set aside for eating and drinking), 10.1(b)(iii) (concerning the storage of clothing) and 10.1(b)(iv) (concerning washing facilities).

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

1.  The Regulations extend the definition of “lead” to include lead alkyls (regulation 2(1)).

2.  The Regulations repeal or revoke various enactments relating to lead including provisions imposing general prohibitions on the employment of women and young persons in work with lead (regulation 14).

3.  In addition the Regulations—

(a) introduce a revised definition of “leadless glaze” (regulation 2(1));

(b) introduce occupational exposure limits for lead and lead alkyls (regulation 2(1));

(c) introduce—

(i) blood-lead action levels; and

(ii) blood-lead suspension levels and urinary lead suspension levels,

for women of reproductive capacity and young persons (as defined) and other employees (regulation 2(1));

(d) reimpose a prohibition in respect of women of reproductive capacity and young persons in specified activities only (regulation 4(2) and Schedule 1);

(e) require an employer to carry out an assessment as to whether the exposure of any employee to lead is liable to be significant (as defined) (regulation 5);

(f) require an employer to ensure that only persons responsible for undertaking necessary work are permitted into an area where a significant increase in exposure to lead is likely to occur as a result of the failure of a control measure (regulation 6(9));

(g) impose requirements concerning the examination and testing of engineering controls and respiratory protective equipment and the keeping of personal protective equipment (regulation 8(2), (3), (5) and (6));

(h) impose new sampling procedures in respect of air monitoring (regulation 9(2) to (4));

(i) impose requirements in relation to medical surveillance providing for—

(i) medical surveillance to be carried out at appropriate intervals (regulation 10(2) and Schedule 2);

(ii) an investigation to be undertaken by an employer when the blood-lead concentration of an employee reaches a specified action level (regulation 10(4));

(iii) suitable facilities to be made available for the purpose (regulation 10(6))and for inspection by a relevant doctor (regulation 10(8));

(iv) an appropriate entry to be made in the health record of each female employee (regulation 10(9));

(v) the right of appeal for an employer or an employee aggrieved by a decision recorded in the health record of an employee (regulation 10(10));

(j) require that information given to employees by employers includes the results of air monitoring and health surveillance and its significance (regulation 11(2));

(k) require the keeping of records in respect of examination and testing of control measures, air monitoring and health surveillance for specified periods (regulations 8(4), 9(5) and 10(3)).

A copy of the summary cost benefit prepared in respect of these Regulations can be obtained from the Health and Safety Executive, Economic Adviser’s Unit, Rose Court, 2 Southwark Bridge, London, SE1 9HS. A copy has been placed in the Library of each House of Parliament.