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5.—(1) Regulations 6 to 12 shall have effect with a view to protecting persons against risks to their health, whether immediate or delayed, arising from exposure to substances hazardous to health except—
(a)where and to the extent that the following Regulations apply, namely—
(i)the Control of Lead at Work Regulations 1998(1),
(ii)the Control of Asbestos at Work Regulations 1987(2);
(b)where the substance is hazardous to health solely by virtue of its radioactive, explosive or flammable properties, or solely because it is at a high or low temperature or a high pressure;
(c)where the risk to health is a risk to the health of a person to whom the substance is administered in the course of his medical treatment;
(d)where the substance hazardous to health is total inhalable dust which is below ground in any mine of coal.
(2) In paragraph (1)(c) “medical treatment” means medical or dental examination or treatment which is conducted by, or under the direction of, a registered medical practitioner or registered dentist and includes any such examination, treatment or administration of any substance conducted for the purpose of research.
(3) Nothing in these Regulations shall prejudice any requirement imposed by or under any enactment relating to public health or the protection of the environment.
S.I. 1987/2115, amended by S.I. 1992/3068, 1998/3235.
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