The Control of Substances Hazardous to Health Regulations 1999

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“the 1974 Act” means the Health and Safety at Work etc. Act 1974;

“the Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993(1) and adopted as respects Great Britain by the European Economic Area Act 1993(2);

“approved” means approved for the time being in writing;

“approved supply list” has the meaning assigned to it in regulation 4 of the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994(3);

“biological agent” means any micro-organism, cell culture, or human endoparasite, including any which have been genetically modified, which may cause any infection, allergy, toxicity or otherwise create a hazard to human health;

“carcinogen” means—

(a)

any substance or preparation which if classified in accordance with the classification provided for by regulation 5 of the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 would be in the category of danger, carcinogenic (category 1) or carcinogenic (category 2) whether or not the substance or preparation would be required to be classified under those Regulations; or

(b)

any substance or preparation—

(i)

listed in Schedule 1, or

(ii)

arising from a process specified in Schedule 1 which is a substance hazardous to health;

“the Executive” means the Health and Safety Executive;

“fumigation” means an operation in which a substance is released into the atmosphere so as to form 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 approved by the Health 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;

“member State” means a State which is a Contracting Party to the Agreement;

“micro-organism” means a microbiological entity, cellular or non-cellular, which is capable of replication or of transferring genetic material;

“mine” has the meaning assigned to it by section 180 of the Mines and Quarries Act 1954(4);

“occupational exposure standard” for a substance hazardous to health means the standard approved by the Health 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;

“preparation” means a mixture or solution of two or more substances;

“registered dentist” has the meaning assigned to it in section 53(1) of the Dentists Act 1984(5);

“respirable dust” means airborne material which is capable of penetrating to the gas exchange region of the lung;

“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 1 of the approved supply list as dangerous for supply within the meaning of the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 and for which an indication of danger specified for the substance in Part V of that list is very toxic, toxic, harmful, corrosive or irritant;

(b)

a substance for which the Health and Safety Commission has approved a maximum exposure limit or an occupational exposure standard;

(c)

a biological agent;

(d)

dust of any kind, except dust which is a substance within paragraph (a) or (b) above, when present at a concentration in air equal to or greater than—

(i)

10 mg/m³, as a time-weighted average over an 8-hour period, of total inhalable dust, or

(ii)

4 mg/m³, as a time-weighted average over an 8-hour period, of respirable dust;

(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;

“total inhalable dust” means airborne material which is capable of entering the nose and mouth during breathing and is thereby available for deposition in the respiratory tract.

(2) In these Regulations, any 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 which is under the control of his employer.

(3) In these Regulations, unless the context otherwise requires—

(a) a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and

(b) a reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which that reference appears.

(1)

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.

(2)

1993 c. 51.

(3)

S.I. 1994/3247, as amended by S.I. 1996/1092, 1997/1460, 1998/3106, 1999/197.

(4)

1954 c. 70; section 180 was modified by S.I. 1974/2013 and S.I. 1993/1897.

(5)

1984 c. 24.