The Control of Lead at Work Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations re-enact, with modifications, the Control of Lead at Work Regulations 1998 (S.I. 1998/543) (“the 1998 Regulations”). The 1998 Regulations imposed requirements for the protection of employees who might be exposed to lead at work and of other persons who might be affected by such work and also imposed certain duties on employees concerning their own protection from such exposure.

2.  The Regulations, with the exception of regulations 4, 7, 8, 9(2) and (3) and 10(7) and (11) to (15), implement as respects Great Britain Council Directive 98/24/EC (OJ No. L 131, 5.5.98, p.11) on the protection of the health and safety of workers from risks related to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) insofar as it relates to risks to health from exposure to lead.

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

(a) include certain further definitions (regulation 2);

(b) extend the matters to be considered when carrying out an assessment of the risk from exposure to lead and require the risk assessment to be reviewed regularly and forthwith in certain circumstances (regulation 5);

(c) detail the measures which the employer must take to prevent or adequately control the exposure of his employees to lead (regulation 6);

(d) provide for further duties in respect of care and decontamination of personal protective equipment (regulation 8);

(e) provide for the keeping of an individual record of air monitoring where an employee is required to be under medical surveillance (regulation 9);

(f) extends the circumstances in which an employee must be under medical surveillance and the duties imposed upon the employer where the blood-lead concentration or urinary lead concentration of an employee reaches the appropriate suspension level (regulation 10);

(g) introduce a duty to ensure that the contents of containers and pipes for lead used at work are clearly identifiable (regulation 11(5)); and

(h) introduce a duty on the employer to prepare procedures, provide information and establish warning systems to deal with an emergency in the workplace related to the presence of lead (regulation 12).

4.  A copy of the regulatory impact assessment prepared in respect of these Regulations can be obtained from the Health and Safety Executive, Economic Advisers Unit, Rose Court, 2 Southwark Bridge, London SE1 9HS. A copy of the transposition note in relation to implementation of Council Directive 98/24/EC can be obtained from the Health and Safety Executive, International Branch at the same address. Copies of both these documents have been placed in the Library of each House of Parliament.