4 The principal regulations
Introduction
As we saw in the last chapter, statutes enable the Minister or Secretary of State to make regulations. All regulations, such as the Noise at Work Regulations 1989, are made under the HSWA. More recently, regulations have been made in order to implement EC Directives. For instance, the ‘Council Directive on the introduction of measures to encourage improvements in the health and safety of workers at work’ (the Framework Directive) was implemented in the UK as the Management of Health and Safety at Work Regulations (MHSWR) 1992. Similarly, the ‘Council Directive concerning the minimum safety and health requirements for the use by workers of machines, equipment and installations’ (the Machinery Safety Directive) was implemented as the Provision and Use of Work Equipment Regulations 1992.
This chapter covers the principal health and safety regulations. The depth of treatment of the various regulations varies from an in-depth treatment, in the case of the more significant regulations, to an overview in other cases, outlining the key provisions.
Building Regulations 2000
These regulations are made under the Building Act 1984. They revoke and replace with amendments the 1991 Regulations and consolidate all subsequent amendments to those regulations. They impose requirements on people carrying out certain building operations. The regulations are principally concerned with the various aspects of building control, such as ‘material change of use’ of buildings, and contain provisions directed at:
• securing the safety, health and welfare and convenience of people in and about buildings;
• furthering the conservation of fuel and power by the use of energy ratings for buildings;
• supervision of building work; and
• unauthorised building work.
Generally, building work and any material change of use must comply with the ‘applicable requirements’ detailed in Schedule 1. Any building work must be carried out with adequate and proper materials and in ‘a workmanlike manner’. Compliance with the requirements in Parts A to K of Schedule 1 does not require anything to be done ‘beyond what is necessary to secure reasonable standards of health and safety’.
Schedule 1 – requirements
This Schedule incorporates specific requirements with regard to:
• Structure
• Fire safety
• Site preparation and resistance to moisture
• Toxic substances
• Resistance to the passage of sound
• Ventilation
• Hygiene
• Drainage and waste disposal
• Heat producing appliances
• Protection from falling, collision and impact
• Conservation of fuel and power
• Access and facilities for disabled people
• Glazing – safety in relation to impact, opening and cleaning.
The specific health and safety-related areas of Schedule 1 are covered below.
Part B – fire safety
Means of warning and escape
The building shall be so designed and constructed so that there are appropriate provisions for the early warning of fire, and appropriate means of escape in case of fire from the building to a place of safety outside the building capable of being safely and effectively used at all material times.
Internal fire spread (linings)
To inhibit the spread of fire within the building the internal linings shall:
(a) adequately resist the spread of flame over their surfaces; and
(b) have, if ignited, a rate of heat release which is reasonable in the circumstances.
‘Internal linings’ mean the materials lining any partition, wall, ceiling or other internal structure.
Internal fire spread (structure)
The building shall be so designed and constructed so that, in the event of fire, its stability will be maintained for a reasonable period.
A wall common to two or more buildings shall be designed and constructed so that it adequately resists the spread of fire between those buildings. For the purposes of this sub-paragraph a house in a terrace and a semi-detached house are each to be treated as a separate building.
To inhibit the spread of fire within the building, it shall be sub-divided with fire-resisting construction to an extent appropriate to the size and intended use of the building.
The building shall be so designed and constructed so that the unseen spread of fire and smoke within concealed spaces in its structure and fabric is inhibited.
External fire spread
The external walls of the building shall adequately resist the spread of fire over the walls and from one building to another, having regard to the height, use and position of the building.
The roof of the building shall adequately resist the spread of fire over the roof and from one building to another, having regard to the use and position of the building.
Access and facilities for the fire service
The building shall be so designed and constructed so as to provide reasonable facilities to assist fire fighters in the protection of life.
Reasonable provision shall be made within the site of the building to enable fire appliances to gain access to the building.
Part D – toxic substances
Cavity insulation
If insulating material is inserted into a cavity in a cavity wall reasonable precautions shall be taken to prevent the subsequent permeation of any toxic fumes from that material into any part of the building occupied by people.
Part E – resistance to the passage of sound
Airborne sound (walls)
A wall which:
(a) separates a dwelling from another building or from another dwelling; or
(b) separates a habitable room or kitchen within a dwelling from another part of the same building which is not used exclusively as part of the dwelling,
shall have reasonable resistance to the transmission of airborne sound.
Part F – ventilation
Means of ventilation
There shall be adequate means of ventilation provided for people in the building.
Part G – hygiene
Sanitary conveniences and washing facilities
Adequate sanitary conveniences shall be provided in rooms provided for that purpose, or in bathrooms. Any such room or bathroom shall be separated from places where food is prepared.
Adequate washbasins shall be provided in:
(a) rooms containing water closets; or
(b) rooms or spaces adjacent to rooms containing water closets.
Any such room or space shall be separated from places where food is prepared.
There shall be a suitable installation for the provision of hot and cold water to washbasins provided in accordance with the above paragraph.
Sanitary conveniences and washbasins to which this paragraph applies shall be designed and installed so as to allow effective cleaning.
Hot water storage
A hot water storage system that has a hot water storage vessel which does not incorporate a vent pipe to the atmosphere shall be installed by a person competent to do so, and there shall be precautions to:
(a) prevent the temperature of stored water at any time exceeding 100°C; and
(b) ensure that the hot water discharged from safety devices is safely conveyed to where it is visible but will not cause danger to persons in or about the building.
Part J – heat producing appliances
Air supply
Heat producing appliances shall be so installed that there is an adequate supply of air to them for combustion and for the efficient working of any flue-pipe or chimney.
Discharge of products of combustion
Heat producing appliances shall have adequate provision for the discharge of the products of combustion to the outside air.
Protection of building
Heat producing appliances and flue-pipes shall be so installed, and fireplaces and chimneys shall be so constructed, as to reduce to a reasonable level the risk of the building catching fire in consequence of their use.
Part K – Protection from falling, collision and impact
Stairs, ladders and ramps
Stairs, ladders and ramps shall be so designed, constructed and installed as to be safe for people moving between different levels in or about the building.
Protection from falling
(a) Any stairs, ramps, floors and balconies and any roof to which people have access; and
(b) any light well, basement area or similar sunken area connected to a building,
shall be provided with barriers where it is necessary to protect people in or about the building from falling.
Vehicle barriers and loading bays
Vehicle ramps and any levels in a building to which vehicles have access shall be provided with barriers where it is necessary to protect people in or about the building.
Vehicle loading bays shall be constructed in such a way, or be provided with such features, as may be necessary to protect people in them from collision with vehicles.
Protection from collision with open windows, etc.
Provision shall be made to prevent people moving in or about the building from colliding with open windows, skylights or ventilators.
Protection against impact from and trapping by doors
Provision shall be made to prevent any door or gate:
(a) which slides or opens upwards from falling onto any person; and
(b) which is powered, from trapping any person.
Provision shall be made for powered doors and gates to be opened in the event of a power failure.
Provision shall be made to ensure a clear view of the space on either side of a swing door or gate.
Part M – access and facilities for disabled people
Interpretation
In this Part ‘disabled people’ means people who have:
(a) an impairment which limits their ability to walk or which requires them to use a wheelchair for mobility; or
(b) impaired hearing or sight.
Access and use
Reasonable provision shall be made for disabled people to gain access to and use the building.
Sanitary conveniences
If sanitary conveniences are provided in any building which is not a dwelling, reasonable provision shall be made for disabled people.
Part N – glazing – safety in relation to impact, opening and cleaning
Protection against impact
Glazing, with which people are likely to come into contact whilst moving in or about the building shall:
(a) if broken on impact, break in a way which is unlikely to cause impact; or
(b) resist impact without breaking; or
(c) be shielded or protected from impact.
Manifestation of glazing
Transparent glazing, with which people are likely to come into contact while moving in or about the building, shall incorporate features which make it apparent.
Safe opening and closing of windows, etc
Windows, skylights and ventilators which can be opened by people in or about the building shall be so constructed or equipped that they may be opened, closed or adjusted safely.
Safe access for cleaning windows, etc.
Provision shall be made for any windows, skylights or any transparent or translucent walls, ceilings or roofs to be safely accessible for cleaning.
Approved documents
The Secretary of State is empowered by the Building Act 1984 to approve and issue documents containing practical guidance with respect to the requirements contained in these regulations.
The Chemicals (Hazard Information and Packaging for Supply) (CHIP 2) Regulations 1994
These regulations cover many important aspects with regard to the classification, labelling and packaging of chemicals. The following definitions are particularly significant:
Aerosol dispenser means an article which consists of a non-reusable receptacle containing a gas compressed, liquefied or dissolved under pressure, with or without liquid, paste or powder and fitted with a release device allowing the contents to be ejected as solid or liquid particles in suspension in a gas, as a foam, paste or powder or in a liquid state.
Category of danger means in relation to a substance or preparation dangerous for supply, one of the categories of danger specified in column 1 of Part I of Schedule 1.
Classification means, in relation to a substance or preparation dangerous for supply, classification in accordance with regulation 5 (classification for supply).
Indication of danger means, in relation to a substance or preparation dangerous for supply, one or more of the indications of danger referred to in column 1 of Schedule 2 and:
• in the case of a substance dangerous for supply listed in Part I of the approved supply list, it is one or more indications of danger for that substance specified by a symbol-letter in column 3 of Part V of that list; or
• in the case of a substance dangerous for supply not so listed or a preparation dangerous for supply, it is one or more indications of danger determined in accordance with the classification of that substance or preparation under regulation 5 and the approved classification and labelling guide.
Package means, in relation to a substance or preparation dangerous for supply, the package in which the substance or preparation is supplied and which is liable to be individually handled during the course of the supply and includes the receptacle containing the substance or preparation and any other packaging associated with it and any pallet or other device which enables more than one receptacle containing a substance or preparation dangerous for supply to be handled as a unit, but does not include:
• a freight container (other than a tank container), a skip, a vehicle or other article of transport equipment; or
• in the case of supply by way of retail sale, any wrapping such as a paper or plastic bag into which the package is placed when it is presented to the purchaser.
Packaging means, in relation to a substance or preparation dangerous for supply, as the context may require, the receptacle, or any components, materials or wrappings associated with the receptacle for the purpose of enabling it to perform its containment function or both.
Poisons advisory centre means a body approved for the time being for the purposes of regulation 14 (notification of constituents of certain preparations dangerous for supply) by the Secretary of State for Health in consultation with the Secretaries of State for Scotland and Wales, the HSC and such other persons or bodies as appear to him or her to be appropriate.
Preparations means mixtures or solutions of two or more substances.
Preparation dangerous for supply means a preparation which is in one or more of the categories of danger specified in column 1 of Schedule 1.
Receptacle means, in relation to a substance or preparation dangerous for supply, a vessel, or the innermost layer of packaging, which is in contact with the substance and which is liable to be individually handled when the substance is used and includes any closure or fastener.
Risk phrase means, in relation to a substance or preparation dangerous for supply, a phrase listed in Part III of the approved supply list, and in these Regulations specific risk phrases may be designated by the letter ‘R’ followed by a distinguishing number or combination of numbers, but the risk phrase shall be quoted in full on any label or safety data sheet in which the risk phrase is required to be shown.
Safety phrase means, in relation to a substance or preparation dangerous for supply, a phrase listed in Part IV of the approved supply list, and in these regulations specific safety phrases may be designated by the letter ‘S’ followed by a distinguishing number or combination of numbers, but the safety phrase shall be quoted in full on any label or safety data sheet in which the safety phrase is required to be shown.
Substances means chemical elements and their compounds in the natural state or obtained by any production process, including any additive necessary to preserve the stability of the product and any impurity deriving from the process used, but excluding any solvent which may be separated without affecting the stability of the substance or changing its composition.
Substance dangerous for supply means:
• a substance listed in Part I of the approved supply list; or
• any other substance which is in one or more of the categories of danger specified in column 1 of Schedule 1.
Supplier means a person who supplies a substance or preparation dangerous for supply, and in the case of a substance which is imported (whether or not from a Member State), includes the importer established in Great Britain of that substance or preparation.
Supply in relation to a substance or preparation:
• means, subject to paragraph (b) or (c) below, supply of that substance or preparation, whether as principal or agent for another, in the course of or for use at work, by way of:
– sale or offer for sale;
– commercial sample; or
– transfer from a factory, warehouse or other place of work and its curtilage to another place of work, whether or not in the same ownership;
• for the purposes of sub-paragraphs (a) and (b) of regulation 16(2) (HSE as enforcement agency), except in relation to regulations 7 (advertisements) and 12 (child-resistant fastenings and warning devices), in any case for which by virtue of those sub-paragraphs the enforcing authority for these Regulations is the Royal Pharmaceutical Society or the local weights and measures authority, has the meaning assigned to it by section 46 of the Consumer Protection Act 1987 and also includes offer to supply and expose for supply; or
• in relation to regulations 7 (advertisements) and 12 (child-resistant fastenings and warning devices) shall have the meaning assigned to it by regulations 7(2) and 12(12) respectively.
Application of the regulations
These regulations apply to any substance or preparation which is dangerous for supply except:
• radioactive substances or preparations;
• animal feeds;
• cosmetic products;
• medicines and medicinal products;
• controlled drugs;
• substances or preparations which contain disease-producing microorganisms;
• substances or preparations taken as samples under any enactment;
• munitions, which produce explosion or pyrotechnic effect;
• foods;
• a substance or preparation which is under customs control;
• a substance which is intended for export to a country which is not a Member State;
• pesticides;
• a substance or preparation transferred within a factory, warehouse or other place of work;
• a substance to which regulation 7 of the Notification of New Substances Regulations 1993 applies;
• substances, preparations and mixtures in the form of wastes.
The approved supply list
This is the list entitled Information Approved for the Classification and Labelling of Substances and Preparations Dangerous for Supply approved by the HSC comprising Parts I to VI, together with such notes and explanatory material as are requisite for the use of the list.
Classification of substances and preparations dangerous for supply (regulation 5)
A supplier shall not supply a substance or preparation dangerous for supply unless it has been classified in accordance with the following paragraphs of this regulation.
In the case of a substance which is listed in the approved supply list, the classification shall be that specified in the entry for that substance in column 2 of Part V of that list.
In the case of a substance which is a new substance within the meaning of regulation 2(1) of the Notification of New Substances Regulations 1993 and which has been notified in accordance with regulation 4 or 6(1) or (2) of those regulations, the substance shall be classified in conformity with that notification.
In the case of any other substance dangerous for supply, after an investigation to become aware of relevant and accessible data which may exist, the substance shall be classified by placing it in one or more of the categories of danger specified in column 1 of Part I of Schedule 1 corresponding to the properties specified in the entry opposite thereto in column 2 and by assigning appropriate risk phrases by the use of the criteria set out in the approved classification and labelling guide.
Subject to paragraph 6, a preparation to which these Regulations apply shall be classified as dangerous for supply in accordance with Schedule 3 by the use of the criteria set out in the approved classification and labelling guide.
A preparation which is intended for use as a pesticide (other than a pesticide which has been approved under the Food and Environment Protection Act 1985) shall be classified as dangerous for supply in accordance with Schedule 4.
Safety data sheets for substances and preparations dangerous for supply (regulation 6)
Subject to paragraphs (2) and (5), the supplier of a substance or preparation dangerous for supply shall provide the recipient of that substance or preparation with a safety data sheet containing information under the headings specified in Schedule 5 to enable the recipient of that substance or preparation to take the necessary measures relating to the protection of health and safety at work and relating to the protection of the environment, and the safety data sheet shall clearly show its date of first publication or latest revision, as the case may be.
In this regulation, supply shall not include supply by way of:
• offer for sale;
• transfer from a factory, warehouse or another place of work and its curtilage to another place of work in the same ownership; or
• returning substances or preparations to the person who supplied them, provided that the properties of that substance or preparation remain unchanged.
The supplier shall keep the safety data sheet up to date and revise it forthwith if any significant new information becomes available regarding safety or risks to human health or the protection of the environment in relation to the substance or preparation concerned and the revised safety data sheet shall be clearly marked with the word ‘revision’.
Except in the circumstances to which paragraph (5) relates, the safety data sheet shall be provided free of charge no later than the date on which the substance or preparation is first supplied to the recipient and where the safety data sheet has been revised in accordance with paragraph (3), a copy of the revised safety data sheet shall be provided free of charge to all recipients who have received the substance or preparation in the last 12 months and the changes in it shall be brought to their notice.
Safety data sheets need not be provided with substances or preparations dangerous for supply sold to the general public in circumstances to which regulation 16(2)(a) or (b) applies (relating to supply from a shop, etc.) if sufficient information is furnished to enable users to take the necessary measures as regards the protection of health and safety, except that safety data sheets shall be provided free of charge at the request of persons who intend the substance or preparation to be used at work, but in those circumstances paragraph (4) (in so far as it relates to the subsequent provision of revised data sheets) shall not apply to such requests.
The particulars required to be given in the safety data sheets shall be in English, except that where a substance or preparation is intended to be supplied to a recipient in another Member State, the safety data sheet may be in the official language of that State.
Advertisements for substances dangerous for supply (regulation 7)
A person who supplies or offers to supply a substance dangerous for supply shall ensure that the substance is not advertised unless mention is made in the advertisement of the hazard or hazards presented by the substance.
In this regulation the word ‘supply’ has the same meaning as in section 46 of the Consumer Protection Act 1987.
Packaging of substances and preparations dangerous for supply (regulation 8)
The supplier of a substance or preparation which is dangerous for supply shall not supply any such substance or preparation unless it is in a package which is suitable for that purpose, and in particular, unless:
• the receptacle containing the substance or preparation and any associated packaging are designed, constructed, maintained and closed so as to prevent any of the contents of the receptacle from escaping when subjected to the stresses and strains of normal handling, except that this sub-paragraph shall not prevent the fitting of a suitable safety device;
• the receptacle and any associated packaging, in so far as they are likely to come into contact with the substance or preparation, are made of materials which are neither liable to be adversely affected by that substance nor liable in conjunction with that substance to form any other substance which is itself a risk to the health or safety of any person; and
• where the receptacle is fitted with a replaceable closure, that closure is designed so that the receptacle can be repeatedly re-closed without its contents escaping.
Labelling of substances and preparations dangerous for supply (regulation 9)
Subject to regulations 9 and 10 of the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994 (which allow combined carriage and supply labelling in certain circumstances) and paragraphs (5) to (9), a supplier shall not supply a substance or preparation which is dangerous for supply unless the particulars specified in paragraph (2) relating to a substance or paragraph (3) relating to a preparation, as the case may be, are clearly shown in accordance with the requirements of regulation 11 (methods of marking or labelling of packages):
• on the receptacle containing the substance or preparation; and
• if that receptacle is inside one or more layers of packaging, on any such layer which is likely to be to the outermost layer of packaging during the supply or use of the substance or preparation, unless such packaging permits the particulars shown on the receptacle or other packaging to be clearly seen.
The particulars required under paragraph (1) in relation to a substance dangerous for supply shall be:
• the name, full address and telephone number of a person in a Member State who is responsible for supplying the substance, whether it be its manufacturer, importer or distributor;
• the name of the substance, being the name or one of the names for the substance listed in Part I of the approved supply list, or if it is not so listed an internationally recognised name;
• the following particulars ascertained in accordance with Part I of Schedule 6, namely:
– the indication or indications of danger and the corresponding symbol or symbols;
– the risk phrases (set out in full);
– the safety phrases (set out in full);
– the EEC number (if any) and, in the case of a substance dangerous for supply which is listed in Part I of the approved supply list, the words ‘EEC label’.
The particulars required under paragraph (1) in relation to a preparation which is, or (where sub-paragraph (d) below applies) may be dangerous for supply shall be:
• the name and full address and telephone number of a person in a Member State who is responsible for supplying the preparation, whether he be its manufacturer, importer or distributor;
• the trade name or other designation of the preparation;
• the following particulars ascertained in accordance with Part I of Schedule 6, namely:
– identification of the constituents of the preparation which result in the preparation being classified as dangerous for supply;
– the indication or indications of danger and the corresponding symbol or symbols;
– the risk phrases (set out in full);
– the safety phrases (set out in full);
– in the case of a pesticide, the modified information specified in paragraph 5 of Part I of Schedule 6; and
– in the case of a preparation intended for sale to the general public, the nominal quantity (nominal mass or nominal volume); and
• where required by paragraph 5(5) of Part I of Schedule 3, the words specified in that paragraph.
Where the Executive receives a notification of a derogation provided for by paragraph 3(1) of Part I of Schedule 6, it shall forthwith inform the European Commission thereof.
Indications such as ‘non-toxic’ or ‘non-harmful’ or any other statement indicating that the substance or preparation is not dangerous for supply shall not appear on the package.
Except for the outermost packaging of a package in which a substance or preparation is transferred, labelling in accordance with this regulation shall not be required where a substance or preparation dangerous for supply is supplied by way of transfer from a factory, warehouse or other place of work and its curtilage to another place of work if, at that other place of work it is not subject to any form of manipulation, treatment or processing which results in the substance or preparation dangerous for supply being exposed or, for any purpose other than labelling in accordance with these regulations, results in any receptacle containing the substance or preparation being removed from its outer packaging.
Except in the case of a substance or preparation dangerous for supply for which the indication of danger is required to be explosive, very toxic or toxic or which is classified as sensitising, labelling under this regulation shall not be required for such small quantities of that substance or preparation that there is no reason to fear danger to persons handling that substance or preparation or to other persons.
Where, in the case of a substance or preparation dangerous for supply, other than a pesticide, the package in which the substance or preparation is supplied does not contain more than 125 millilitres of the substance or preparation, the risk phrases required by paragraph 2(c)(ii) or 3(c)(iii), and the safety phrases required by paragraph 2(c)(iii) or 3(c)(iv), as the case may be, need not be shown if the substance or preparation is classified only in one or more of the categories of danger, highly flammable, flammable, oxidising or irritant or in the case of substances not intended to be supplied to the public, harmful.
Where, because of the size of the label, it is not reasonably practicable to provide the safety phrases required under paragraph 2(c)(iii) or 3(c)(iv), as the case may be, on the label, that information may be given on a separate label or on a sheet accompanying the package.
Particular labelling requirements for certain preparations (regulation 10)
In the case of preparations to which Part II of Schedule 6 applies, the appropriate provisions of that Part of the Schedule shall have effect to regulate the labelling of such preparations, even if the preparations referred to in Part IIB of that Schedule would not otherwise be dangerous for supply.
In the case of preparations packaged in aerosol dispensers, the flammability criteria set out in Part II of Schedule I shall have effect for the classification and labelling of those preparations for supply in place of the categories of danger ‘extremely flammable’, ‘highly flammable’ or ‘flammable’ set out in Part I of that Schedule, and where a dispenser contains a substance so classified, that dispenser shall be labelled in accordance with the provisions of paragraph 2 of the said Part II.
Methods of marking or labelling packages (regulation 11)
Any package which is required to be labelled in accordance with regulations 9 and 10 may carry the particulars required to be on the label clearly and indelibly marked on a part of that package reserved for that purpose and, unless the context otherwise requires, any reference in these regulations to a label includes a reference to that part of the package so reserved.
Subject to paragraph (7), any label required to be carried on a package shall be securely fixed to the package with its entire surface in contact with it and the label shall be clearly and indelibly printed.
The colour and nature of the marking shall be such that the symbol (if any) and wording stand out from the background so as to be readily noticeable and the wording shall be of such a size and spacing as to be easily read.
The package shall be so labelled that the particulars can be read horizontally when the package is set down normally.
Subject to paragraph (7), the dimensions of the label required under regulation 9 shall be as shown in Table 4.1.
Table 4.1 Dimensions of labels for packages of substances and preparations dangerous for supply
Any symbol required to be shown in accordance with regulation 9(2)(c)(i) or 9(3)(c)(ii) and specified in column 3 of Schedule 2 shall be printed in black on an orange-yellow background and its size (including the orange-yellow background) shall be at least equal to an area of one-tenth of that of a label which complies with paragraph (5) and shall not in any case be less than 100 square millimetres.
If the package is an awkward shape or so small that it is unsuitable to attach a label complying with paragraphs (2) and (5), the label shall be so attached in some other appropriate manner.
The particulars required to be shown on the label shall be in English, except that where a substance or preparation is intended to be supplied to a recipient in another Member State, the label may be in the official language of the State.
Child-resistant fastenings and tactile warning devices (regulation 12)
The British and International Standards referred to in this regulation are further described in Schedule 7.
This regulation shall not apply in relation to a pesticide.
Subject to paragraph (5), a person shall not supply a substance or preparation referred to in paragraph (4) in a receptacle of any size fitted with a replaceable closure unless the packaging complies with the requirements of BS EN 28317 or ISO 8317.
Paragraph 3 shall apply to:
• substances and preparations dangerous for supply which are required to be labelled with the indications of danger ‘very toxic’, ‘toxic’ or ‘corrosive’;
• preparations containing methanol in a concentration equal to or more than 3 per cent by weight;
• preparations containing dichloromethane in a concentration equal to or more than 1 per cent by weight;
• liquid preparations having a kinematic viscosity measured by rotative viscometry in accordance with BS 2782 method 730B or ISO 3291 of less than 7 × 10−6 m2 s−1 at 40°C and containing aliphatic or aromatic hydrocarbons or both in a total concentration equal to or more than 10 per cent by weight, except where such a preparation is supplied in an aerosol dispenser.
Paragraph (3) shall not apply if the person supplying it can show that it is obvious that the packaging in which the substance or preparation is supplied is sufficiently safe for children because they cannot obtain access to the contents without the help of a tool.
If the packaging in which the substance or preparation is supplied was approved on or before 31 May 1993 by the British Standards Institution as complying with the requirements of the British Standards Specification 6652:1989 it shall be treated in all respects as complying with the requirements of BS EN 28317.
A person shall not supply a preparation dangerous for supply if the packaging in which the preparation is supplied has:
• a shape or designation or both likely to attract or arouse the active curiosity of children or to mislead consumers;
• a presentation or designation or both used for human or animal foodstuffs, medicinal or cosmetic products.
A person shall not supply a substance or preparation referred to in paragraph (9) in a receptacle of any size, unless the packaging carries a tactile warning of danger in accordance with BS 7280 or EN Standard 272.
Paragraph (8) shall apply to substances and preparations dangerous for supply which are required to be labelled with the indication of danger ‘very toxic’, ‘toxic’, ‘corrosive’, ‘harmful’, ‘extremely flammable’ or ‘highly flammable’.
A duly authorised officer of the enforcing authority, for the purpose of ascertaining whether there has been a concentration of paragraph (3) may require the person supplying a substance or preparation to which that paragraph applies to provide him with a certificate from a qualified test house stating that:
• the closure is such that it is not necessary to test to BS EN 28317 or ISO 8317; or
• the closure has been tested and found to conform to that standard.
For the purpose of paragraph (10) a qualified test house means a laboratory that conforms to BS7501 or EN 45000.
In this regulation, ‘supply’ means offer for sale, sell or otherwise make available to the general public.
Retention of classification data for substances and preparations dangerous for supply (regulation 13)
A person who classifies a substance in accordance with regulation 5(4) or a preparation dangerous for supply shall keep a record of the information used for the purposes of classifying for at least three years after the date on which the substance or preparation was supplied by him for the last time and shall make the record or a copy of it available to the appropriate enforcing authority referred to in regulation 16(2) at its request.
Notification of the constituents of certain preparations dangerous for supply to the poisons advisory centre (regulation 14)
This regulation shall apply to any preparation which is classified on the basis of one or more of its health effects referred to in column 1 of Schedule I.
Subject to regulation 17 (transitional provisions), the supplier of a preparation to which this regulation applies shall, if it was first supplied before these regulations came into force (or, if it was first supplied after that date, before first supplying it), notify the poisons advisory centre of the information required to be in the safety data sheet prepared for the purposes of regulation 6 relating to the preparation.
The supplier shall ensure that the information supplied to the poisons advisory centre in pursuance of paragraph (2) is kept up to date.
The poisons advisory centre shall only disclose any information sent to it in pursuance of paragraph (2) or (3) on request by, or by a person working under the direction of, a registered medical practitioner in connection with the medical treatment of a person who may have been affected by the preparation.
Exemption certificates (regulation 15)
Subject to paragraph (2) and to any of the provisions imposed by the Community in respect of the free movement of dangerous substances and preparations, the Executive may by a certificate in writing exempt any person or class of persons, substance or preparation to which these regulations apply, or class of such substances or preparations, from all or any of the requirements or prohibitions imposed by or under these regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing.
The Executive shall not grant any such exemption unless, having regard to the circumstances of the case, and in particular to:
• the conditions, if any, which it proposes to attach to the exemption; and
• any requirements imposed by or under any enactments which apply to the case,
it is satisfied that the health or safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
Enforcement, civil liability and defence (regulation 16)
In so far as any provision of regulations 5–14 is made under section 2 of the European Communities Act 1972:
• subject to paragraph (2), the provisions of the Health and Safety at Work etc. Act 1974, which relate to the approval of codes of practice and their use in criminal proceedings, to enforcement and to offences shall apply to that provision as if that provision had been made under section 15 of that Act;
• a breach of duty imposed by that provision shall confer a right of action in civil proceedings, insofar as that breach of duty causes damage.
Notwithstanding regulation 3 of the Health and Safety (Enforcing Authority) Regulations 1989, the enforcing authority for these regulations shall be the Executive, except that:
• where a substance or preparation dangerous for supply is supplied in or from premises which are registered under section 75 of the Medicines Act 1968 the enforcing authority shall be the Royal Pharmaceutical Society;
• where a substance or preparation dangerous for supply is supplied otherwise than as in sub-paragraph (a) above:
– in or from any shop, mobile vehicle, market stall or other retail outlet; or
– otherwise to members of the public, including by way of free sample, prize or mail order,
the enforcing authority shall be the local weights and measures authority; and
• for regulations 7 and 12 the enforcing authority shall be the local weights and measures authority.
In every case where by virtue of paragraph (2) these regulations are enforced by the Royal Pharmaceutical Society or the local weights and measures authority, they shall be enforced as if they were safety regulations made under section 11 of the Consumer Protection Act 1987 and the provisions of section 12 of that Act shall apply to these regulations as if they were safety regulations and as if the maximum period of imprisonment on summary conviction specified in subsection (5) thereof were three months instead of six months.
In any proceedings for an offence under these regulations, it shall be a defence for any person to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of that offence.
Classification of hazardous substances (supply requirements)
Hazardous substances are classified according to Schedule 1 of the Chemicals (Hazard Information and Packaging for Supply) (CHIP 2) Regulations 1994 as follows. Part I is shown in Table 4.2.
Table 4.2 Classification of hazardous substances
Notes to Table 4.2
1. As further described in the approved classification and labelling guide.
2. Preparations packed in aerosol dispensers shall be classified as flammable in accordance with the additional criteria set out in Part II of this Schedule.
3. The categories are specified in the approved classification and labelling guide.
4. • In certain cases specified in the approved supply list and in the approved classification and labelling guide substances classified as dangerous for the environment do not require to be labelled with the symbol for this category of danger.
• This category of danger does not apply to preparations.
Part II: Classification of substances and preparations dangerous for supply in aerosol dispensers as flammable
A substance or preparation which is packed in aerosol dispensers shall be classified as dangerous for supply at least as ‘flammable’ if that dispenser contains either:
• more than 45 per cent by weight of flammable substances; or
• more than 250 grammes of flammable substances.
Where an aerosol dispenser contains a substance or preparation which is classified in accordance with paragraph 1 as flammable it shall show in accordance with the requirements of regulation 10 either:
• the word ‘flammable’; or
• the symbol having the symbol-letter F in column 2 of Schedule 2,
or both the word ‘flammable’ and that symbol.
Schedule 5: headings under which particulars are to be provided in safety data sheets
Under the CHIP Regulations obligatory information under the following headings must be provided in a safety data sheet:
• Identification of the substance/preparation
• Composition/information on ingredients
• Hazards identification
• First aid measures
• Fire fighting measures
• Accidental release measures
• Handling and storage
• Exposure controls/Personal protection
• Physical and chemical properties
• Stability and reactivity
• Toxicological information
• Ecological information
• Disposal considerations
• Transport information
• Regulatory information
• Other information
The CHIP 2 package
The Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 (SI 1994 No. 3247)
ACOP: Safety data sheets for substances and preparations dangerous for supply (HSC)
ACOP: The approved guide to the classification and labelling of substances and preparations dangerous for supply (HSC)
The Approved Supply List: Information approved for the classification, packaging and labelling of substances dangerous for supply (HSC)
The Popular Guide: CHIP for everyone [HS (G) 126]
The Complete Idiot’s Guide to CHIP [IND (G) 181 (L)]
Why do I need a safety data sheet? [IND (G) 182 (L)]
Read the label [IND (G) 186 (L)].
The Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 2000 (CHIP 2000)
These regulations updated the information that must be given by suppliers to users when dangerous chemicals are supplied, in particular, the requirements for child-resistant fasteners. A new standard for tactile warning devices was introduced at the same time.
CHIP 2000 also updated the information on 168 dangerous substances via a sixth edition of the Approved Supply List, the document based on EC Directives, which sets out classification and labelling information for several thousand commonly supplied chemical substances.
Chemicals (Hazard Information and Packaging for Supply) (CHIP 3) Regulations 2002
These regulations consolidate CHIP 2 and all subsequent amendments and implement three directives:
• The Dangerous Preparations Directive (including the 1st ATP – Adaptation to Technical Progress), the Dangerous Substances Directive (including the 28th ATP), and
• the Safety Data Sheets Directive (including the second amendment).
Revised HSE Guidance is incorporated in ‘CHIP 3 for Everyone’.
Principal changes to CHIP 2
The principal changes are as follows:
• the introduction of a new Approved Supply List (7th edition) incorporating 500 new or amended listings;
• preparations are classified on the basis of their environmental effects for the first time; information is provided on the conventional method for calculating the sum effect of each environmentally hazardous component;
• Category 3 carcinogens are relabelled; the R40 risk phrase is modified as ‘Limited evidence of a carcinogenic effect’ and a new risk phrase R68 takes the previous R40 wording ‘Possible risk of irreversible effects’;
• preparations containing ≥0.1 of a sensitiser are re-labelled ‘Contains ... (chemical name of sensitiser); may produce an allergic reaction’;
• the introduction of a 15% component concentration limit for risk phrase R67 ‘Vapours may cause drowsiness and dizziness’;
• the introduction of a new warning phrase for liquid preparations whose flash point would not make them classifiable as ‘flammable’ but which contain a flammable or highly flammable component in a >5% concentration plus a halogenated hydrocarbon solvent; the new phrase is ‘Can become flammable (or highly flammable) in use’;
• the extension of the requirement to prepare a Safety Data sheet for some non-dangerous preparations together with a label ‘Safety Data sheet available to professional user on request’;
• a requirement to improve the accuracy and comprehensibility of Safety Data Sheets through taking the specific needs of the user into account (including employees who will be guided by the Safety Data Sheet under the COSHH Regulations); reference is made to the competence and training of the person preparing a Safety Data Sheet;
• a requirement for more information to be provided with respect to environmental effects; and
• some changes in test methods and criteria.
The Children (Protection at Work) Regulations 1998
These regulations amend the Children and Young Persons Acts 1933 and 1963 in order to implement, with regard to children, the EC Directive on the Protection of Young People at Work (94/33/EC).
The main features of these regulations are that:
• the minimum age at which a child may be employed in any work, other than as an employee of his parent or guardian in light agricultural or horticultural work on an occasional basis, is 14 years;
• anything other than light work is prohibited; ‘light work’ is work which does not jeopardise a child’s safety, health, development, attendance at school or participation in work experience;
• the employment of children over the age of 13 years in categories of light work specified in local authority byelaws is permitted;
• the hours which a child over the age of 14 years may work, and the rest periods which are required, are specified; a child must have at least one two-week period in his school holidays free from any employment;
• the 1933 Act is amended to extend the prohibition against a child going abroad for the purposes of performing for profit without a local authority licence, to further cover a child going abroad for the purpose of taking part in sport or working as a model in circumstances where payment is made; and
• where children take part in public performances, existing requirements for a local authority licence are extended to require such a licence to be obtained before a child may take part in sport or work as a model in circumstances where payment is made either to the child or to someone else.
The Confined Spaces Regulations 1997
Work in confined spaces has always been a high risk activity and a major source of deaths in construction activities, chemical processing operations, agriculture and the public utilities, such as water undertakings.
These regulations require employers to:
• avoid entry to confined spaces, for example, by doing the work from outside;
• follow a safe system of work, e.g. a Permit-to-Work system, if entry to a confined space is unavoidable; and
• put in place adequate emergency arrangements before work starts, which will also safeguard rescuers.
The regulations are accompanied by an ACOP and HSE Guidance.
The Construction (Design and Management) Regulations 1994
These regulations impose requirements and prohibitions with respect to the design and management aspects of construction work as defined. They give effect to Council Directive 92/57/EEC on the implementation of minimum safety and health requirements at temporary or mobile construction sites.
Regulation 2: Interpretation
The more significant definitions in the regulations are given below:
Agent in relation to any client means any person who acts as agent for a client in connection with the carrying on by the person of a trade, business or other undertaking (whether for profit or not).
Cleaning work means the cleaning of any window or any transparent or translucent wall, ceiling or roof in or on a structure where such cleaning involves a risk of a person falling more than 2 metres.
Client means any person for whom a project is carried out, whether it is carried out by another person or carried out in-house.
Construction phase means the period of time starting when construction work in any project starts and ending when construction work in that project is completed.
Construction work means the carrying out of any building, civil engineering or engineering construction work and includes any of the following:
• the construction, alteration, conversion, fitting out, commissioning, renovation, repair, upkeep, redecoration or other maintenance (including cleaning which involves the use of water or an abrasive at high pressure or the use of substances classified as corrosive or toxic for the purposes of regulation 7 of the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994, de-commissioning, demolition or dismantling of a structure;
• the preparation for an intended structure, including site clearance, exploration, investigation (but not site survey) and excavation, and laying or installing the foundations of the structure;
• the assembly of prefabricated elements to form a structure or the disassembly of prefabricated elements which, immediately before such disassembly, formed a structure;
• the removal of a structure or part of a structure or of any product or waste resulting from demolition or dismantling of a structure or from disassembly of prefabricated elements which, immediately before such disassembly, formed a structure;
• the installation, commissioning, maintenance, repair or removal of mechanical, electrical, gas, compressed air, hydraulic, telecommunications, computer or similar services which are normally fixed within or to a structure,
but does not include the exploration for or extraction of mineral resources or activities preparatory thereto carried out at a place where such exploration or extraction is carried out.
Contractor means any person who carried on a trade or business or other undertaking (whether for profit or not) in connection with which he:
• undertakes to or does carry out or manage construction work;
• arranges for any person at work under his control (including where he is an employer, an employee of his) to carry out or manage construction work.
Design in relation to any structure includes drawing, design details, specification and bill of quantities (including specification of articles or substances) in relation to the structure.
Designer means any person who carries on a trade, business or other undertaking in connection with which he:
• prepares a design; or
• arranges for any person under his control (including, where he is an employer, any employee of his) to prepare a design,
relating to a structure or part of a structure.
Domestic client means a client for whom a project is carried out, not being a project carried out in connection with the carrying on by the client of a trade, business or other undertaking (whether for profit or not).
Project means a project which includes or is intended to include construction work.
Structure means:
• any building, steel or reinforced concrete structure (not being a building), railway line or siding, tramway line, dock, harbour, inland navigation, tunnel, shaft, bridge, viaduct, waterworks, reservoir, pipe or pipe-line (whatever, in either case, it contains or is intended to contain), cable, aqueduct, sewer, sewage works, gasholder, road, airfield, sea defence works, river works, drainage works, earthworks, lagoon, dam, wall, caisson, mast, tower, pylon, underground tank, earth retaining structure, or structure designed to preserve or alter any natural feature, and any other structure similar to the foregoing; or
• any formwork, falsework, scaffold or other structure designed or used to provide support or means of access during construction work; or
• any fixed plant in respect of work which is installation, commissioning, de-commissioning or dismantling and where any such work involves a risk of a person falling more than 2 metres.
In determining whether any person arranges for a person (the relevant person) to prepare a design or to carry out or manage construction work, regard shall be had to the following, namely:
• a person does arrange for the relevant person to do a thing where:
– he specifies in, or in connection with, any arrangement with a third person that the relevant person shall do that thing (whether by nominating the relevant person as a subcontractor to the third person or otherwise); or
– being an employer, it is done by any of his employees in-house.
• a person does not arrange for the relevant person to do a thing where:
– being a self-employed person, he does it himself or, being in partnership it is done by any of his partners;
– being a firm carrying on its business anywhere in Great Britain whose principal place of business is in Scotland, it is done by any partner in the firm; or
– having arranged for a third person to do the thing, he does not object to the third person for it to be done by the relevant person,
and the expressions arrange and arranges shall be construed accordingly.
For the purpose of these regulations:
• a project is carried out in-house where any employer arranges for the project to be carried out by an employee of his who acts, or by a group of employees who act, in either case, in relation to such a project as a separate part of the undertaking of the employer distinct from the part for which the project is carried out;
• construction work is carried out or managed in-house where an employer arranges for the construction work to be carried out or managed by an employee of his who acts, or by a group of employees who act, in either case, in relation to such construction work as a separate part of the undertaking of the employer distinct from the part for which the construction work is carried out or managed; or
• a design is prepared in-house where any employer arranges for the design to be prepared by an employee of his who acts, or by a group of employees who act, in either case, in relation to such design as a separate part of the undertaking of the employer distinct from the part for which the design is prepared.
Regulation 16(1) (co-operation between all contractors) shall not apply to projects in which no more than one contractor is involved.
Where construction work is carried out or managed in-house or a design is prepared in-house, then, for the purposes of paragraphs 5 and 6, each part of the undertaking shall be treated as a person and shall be counted as a designer, or as the case may be, contractor, accordingly.
Except where regulation 5 (requirements on developers) applies, regulations 4, 6, 8 to 12 and 14 to 19 shall not apply to or in relation to construction work included or intended to be included in a project carried out for a domestic client.
Clients and agents of clients (regulation 4)
A client may appoint an agent or another client to act as the only client in respect of a project and where such an appointment is made the provisions of paragraph 2 shall apply.
No client shall appoint any person as his agent unless the client is reasonably satisfied that the person he intends to appoint has the competence to perform the duties imposed on a client by these regulations.
Where the person appointed under paragraph 1 makes a declaration in accordance with paragraph 4, then, from the date of receipt of the declaration by the Executive (HSE), such requirements and prohibitions as are imposed upon a client shall apply to the person so appointed (so long as he remains as such) as if he were the only client in respect of that project.
A declaration in accordance with this paragraph:
• is a declaration in writing, signed by or on behalf of the person referred to in paragraph 3, to the effect that the client or agent who makes it will act as client for the purposes of these regulations; and
• shall include the name of the person by or on behalf of whom it is made, the address where documents may be served on that person and the address of the construction site; and
• shall be sent to the HSE.
Where the HSE receives a declaration in accordance with paragraph 4, it shall give notice to the person by or on behalf of whom the declaration is made and the notice shall include the date the declaration was received by the HSE.
Where the person referred to in paragraph 3 does not make a declaration in accordance with paragraph 4, any requirement or prohibition imposed by these regulations on a client shall also be imposed on him but only to the extent it relates to any matter within his authority.
Requirements on developer (regulation 5)
This regulation applies where the project is carried out for a domestic client and the client enters into an arrangement with the person (the developer) who carries on a trade, business or other undertaking (whether for profit or not) in connection with which:
• land or an interest in land is granted or transferred to the client; and
• the developer undertakes that construction work will be carried out on the land; and
• following the construction work, the land will include premises which, as intended by the client, will be occupied as a residence.
Where this regulation applies, with effect from the time the client enters into the arrangement referred to in paragraph 1, the requirements of regulations 6 and 8 to 12 shall apply to the developer as if he were the client.
Appointments of planning supervisor and principal contractor (regulation 6)
Subject to paragraph 6(b), every client shall appoint:
• a planning supervisor; and
• a principal contractor,
in respect of each project.
The client shall not appoint as principal contractor any person who is not a contractor.
The planning supervisor shall be appointed as soon as is practicable after the client has such information about the project and the construction work involved in it as will enable him to comply with the requirements imposed on him by regulations 8(1) and 9(1).
The principal contractor shall be appointed as soon as is practicable after the client has such information about the project and the construction work involved in it as will enable him to comply with the requirements imposed on him by regulations 8(3) and 9(3) when making an arrangement with a contractor where such arrangement consists of the appointment of the principal contractor.
The appointments mentioned in paragraph 1 shall be terminated, changed or renewed as necessary to ensure that those appointments remain filled at all times until the end of the construction phase.
Paragraph 1 does not prevent:
• the appointment of the same person as planning supervisor or as principal contractor provided that person is competent to carry out the functions under these regulations of both appointments; or
• the appointment of the client as planning supervisor or as principal contractor or as both, provided the client is competent to perform the relevant functions under these regulations.
Notification of project (regulation 7)
The planning supervisor shall ensure that notice of the project in respect of which he is appointed is given to the HSE in accordance with paragraphs 2 and 4 unless the planning supervisor has reasonable grounds for believing that the project is not notifiable.
Any notice required by paragraph 1 shall be in writing or in such other manner as the HSE may from time to time approve in writing and shall contain the particulars specified in paragraph 3 or, where applicable, paragraph 4 and shall be given at the times specified in those paragraphs.
Notice containing such of the particulars specified in Schedule 1 as are known or can reasonably be ascertained shall be given as soon as is practicable after the appointment of the planning supervisor.
Where any particulars specified in Schedule 1 have not been notified under paragraph 3, notice of such particulars shall be given as soon as is practicable after the appointment of the principal contractor and, in any event, before the start of construction work.
Where a project is carried out for a domestic client then, except where regulation 5 applies, every contractor shall ensure that notice of the project is given to the HSE in accordance with paragraph 6 unless the contractor has reasonable grounds for believing that the project is not notifiable.
Competence of planning supervisor, designers and contractors (regulation 8)
No client shall appoint any person as planning supervisor in respect of a project unless the client is reasonably satisfied that the person he intends to appoint has the competence to perform the functions of planning supervisor under the regulations in respect of that project.
No person shall arrange for a designer to prepare a design unless he is reasonably satisfied that the designer has the competence to prepare that design.
No person shall arrange for a contractor to carry out or manage construction work unless he is reasonably satisfied that the contractor has the competence to carry out or, as the case may be, manage, that construction work.
Any reference in this regulation to a person having competence shall extend only to his competence:
• to perform any requirement; and
• to conduct his undertaking without contravening any prohibition, imposed on him by or under any of the relevant statutory provisions.
Provision for health and safety (regulation 9)
No person shall appoint any person as planning supervisor in respect of a project unless the client is reasonably satisfied that the person he intends to appoint has allocated or, as appropriate, will allocate adequate resources to enable him to perform the functions of planning supervisor under these regulations in respect of that project.
Fig 4.1 How to decide if your project has to be notified to the Health and Safety Executive
No person shall arrange for a designer to prepare a design unless he is reasonably satisfied that the designer has the competence to prepare that design.
No person shall arrange for a contractor to carry out or manage construction work unless he is reasonably satisfied that the contractor has allocated or, as appropriate, will allocate, adequate resources to enable the contractor to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions.
Fig 4.2 Example of a Notification of Project Form
Start of construction phase (regulation 10)
Every client shall ensure, so far as is reasonably practicable, that the construction phase of any project does not start unless a health and safety plan complying with regulation 15(4) has been prepared in respect of that project.
Client to ensure information is available (regulation 11)
Every client shall ensure that the planning supervisor for any project carried out for the client is provided (as soon as is reasonably practicable but in any event before the commencement of the work to which the information relates) with all information mentioned in paragraph 2 about the state or condition of any premises at or on which construction work included or intended to be included in the project is or is intended to be carried out.
The information required to be provided by paragraph 1 is information which is relevant to the functions of the planning supervisor under these regulations and which the client has or could ascertain by making enquiries which it is reasonable for a person in his position to make.
Client to ensure health and safety file is available for inspection (regulation 12)
Every client shall take such steps as it is reasonable for a person in his position to take to ensure that the information in any health and safety file which has been delivered to him is kept available for inspection by any person who may need information in the file for the purpose of complying with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions.
It shall be sufficient compliance with paragraph 1 by a client who disposes of his entire interest in the property of the structure if he delivers the health and safety file for the structure to the person who acquires his interest in the property of the structure and ensures such person is aware of the nature and purpose of the health and safety file.
Requirements on designer (regulation 13)
Except where a design is prepared in-house, no employer shall cause or permit any employee of his to prepare, and no self-employed person shall prepare, a design in respect of any project unless he has taken reasonable steps to ensure that the client for that project is aware of the duties to which the client is subject by virtue of these regulations and of any practical guidance issued from time to time by the Commission (HSC) with respect to the requirements of these regulations.
Every designer shall:
• ensure that any design he prepares and which he is aware will be used for the purposes of construction work includes among the design considerations adequate regard to the need:
– to avoid foreseeable risks to the health and safety of any person at work carrying out construction work or cleaning work in or on the structure at any time, or of any person who may be affected by the work of such a person at work;
– to combat at source risks to the health and safety of any person at work carrying out construction work or cleaning work in or on the structure at any time, or of any person who may be affected by the work of such a person at work; and
– to give priority to measures which will protect all persons at work who may carry out construction work or cleaning work at any time and all persons who may be affected by the work of such persons over measures which only protect each person carrying out such work;
• ensure that the design includes adequate information about any aspect of the project or structure or materials (including articles or substances) which might affect the health or safety of any person at work carrying out construction work or cleaning work in or on the structure at any time or of any person who may be affected by the work of such a person at work; and
• co-operate with the planning supervisor and with any other designer who is preparing any design in connection with the same project or structure so far as is necessary to enable each of them to comply with the requirements and prohibitions placed on him in relation to the project by or under the relevant statutory provisions.
Sub-paragraphs (1) and (b) of paragraph 2 shall require the design to include only the matters referred to therein to the extent that it is reasonable to expect the designer to address them at the time the design is prepared and to the extent that it is otherwise reasonably practicable to do so.
Requirements on planning supervisor (regulation 14)
The planning supervisor appointed for any project shall:
• ensure, so far as is reasonably practicable, that the design of any structure comprised in the project:
– includes among the design considerations adequate regards to the needs specified in heads (i) to (iii) of regulations 13(2) (a); and
– includes information as specified in regulation 13(2) (b);
• take such steps as it is reasonable for a person in his position to take to ensure co-operation between designers so far as is necessary to enable each designer to comply with the requirements placed on him by regulation 13;
• in a position to give adequate advice to:
– any client and any contractor with a view to enabling each of them to comply with regulations 8(2) and 9(2); and
– any client with a view to enabling him to comply with regulations 8(3), 9(3) and 10;
• ensure that a health and safety file is prepared in respect of each structure comprised in the project containing:
– information included with the design by virtue of regulation 13(2) (b);
– any other information relating to the project which it is reasonably foreseeable will be necessary to ensure the health and safety of any person at work who is carrying out or will carry out construction work or cleaning work in or on the structure of or any persons who may be affected by the work of such a person at work;
• review, amend or add to the health and safety file prepared by virtue of sub-paragraph (d) of this regulation as necessary to ensure that it contains the information mentioned in that sub-paragraph when it is delivered to the client in accordance with sub-paragraph (f) of this regulation; and
• ensure that, on the completion of construction work on each structure comprised in the project, the health and safety file in respect of that structure is delivered to the client.
Requirements relating to the health and safety plan (regulation 15)
The planning supervisor appointed for any project shall ensure that a health and safety plan in respect of the project has been prepared no later than the time specified in paragraph 2 and contains the information specified in paragraph 3.
The information required by paragraph 1 to be contained in the health and safety plan is:
• a general description of the construction work comprised in the project;
• details of the time within which it is intended that the project, and any intermediate stages, will be completed;
• details of the risks to health and safety of any person carrying out the construction work so far as such risks are known to the planning supervisor or are reasonably foreseeable;
• any other information which the planning supervisor knows or could ascertain by making reasonable enquiries and which it would be necessary for any contractor to have if he wished to show:
– that he has the competence on which any person is required to be reasonably satisfied by regulation 8; or
– that he has allocated or, as appropriate, will allocate, adequate resources on which any person is required to be reasonably satisfied by regulation 9;
• such information as the planning supervisor knows or could ascertain by making reasonable enquiries and which it is reasonable for the planning supervisor to expect the principal contractor to need in order for him to comply with the requirement imposed on him by paragraph 4; and
• such information as the planning supervisor knows or could ascertain by making reasonable enquiries and which it would be reasonable for any contractor to know in order to understand how he can comply with any requirements placed upon him in respect of welfare by or under the relevant statutory provisions.
The principal contractor shall take such measures as it is reasonable for a person in his position to take to ensure that the health and safety plan contains until the end of the construction phase the following features:
• arrangements for the project (including where necessary, for management of construction work and monitoring of compliance with the relevant statutory provisions) which will ensure, so far as is reasonably practicable, the health and safety of all persons at work carrying out the construction work and of all persons who may be affected by the work of such persons at work, taking account of:
– risks involved in the construction work;
– any activity specified in paragraph 5; and
• sufficient information about arrangements for the welfare of persons at work by virtue of the project to enable any contractor to understand how he can comply with any requirements placed upon him in respect of welfare by or under the relevant statutory provisions.
Any activity is an activity referred to in paragraph 4(a) (ii) if:
• it is an activity of persons at work;
• it is carried out in or on premises where construction work is or will be carried out; and
• either:
– the activity may affect the health or safety of persons at work carrying out the construction work or persons who may be affected by the work of such persons at work; or
– the health or safety of the persons at work carrying out the activity may be affected by the work of persons at work carrying out the construction work.
Requirements on and powers of principal contractor (regulation 16)
The principal contractor appointed for any project shall:
• take reasonable steps to ensure co-operation between all contractors (whether they are sharing the construction site for the purpose of regulation 9 of the Management of Health and Safety at Work Regulations 1992 or otherwise) so far as is necessary to enable each of those contractors to comply with the requirements and prohibitions imposed on him by or under the relevant statutory provisions relating to construction work;
• ensure, so far as is reasonably practicable, that every contractor, and every employee at work in connection with the project complies with any rules contained in the health and safety plan;
• takes reasonable steps to ensure that only authorised persons are allowed into any premises or part of premises where construction work is being carried out;
• ensure that any particulars required to be in any notice given under regulation 7 are displayed in readable condition in a position where they can be read by any person at work on construction work in connection with the project; and
• promptly provide the planning supervisor with any information which:
– is in the possession of the principal contractor or which he could ascertain by making reasonable enquiries of a contractor; and
– it is reasonable to believe the planning supervisor would include in the health and safety file in order to comply with the requirements imposed upon him in respect thereof in regulation 14; and
– is not in the possession of the planning supervisor.
The principal contractor may:
• give reasonable directions to any contractor so far as is necessary to enable the principal contractor to comply with his duties under these regulations;
• include in the health and safety plan rules for the management of the construction work which are reasonably required for the purposes of health and safety.
Any rules contained in the health and safety plan shall be in writing and shall be brought to the attention of persons who may be affected by them.
Information and training (regulation 17)
The principal contractor appointed for any project shall ensure, so far as is reasonably practicable, that every contractor is provided with comprehensible information on the risks to the health or safety of that contractor or of any employees or other persons under the control of that contractor arising out of or in connection with the construction work.
The principal contractor shall ensure, so far as is reasonably practicable, that every contractor who is an employer provides any of his employees at work carrying out the construction work with:
• any information which the employer is required to provide to those employees in respect of that work by virtue of regulation 8 of the Management of Health and Safety at Work Regulations 1992; and
• any health and safety training which the employer is required to provide to those employees in respect of that work by virtue of regulation 11(2) (b) of the Management of Health and Safety at Work Regulations 1992.
Advice from, and views of, persons at work (regulation 18)
The principal contractor shall:
• ensure that employees and self-employed persons at work on the construction work are able to discuss, and offer advice to him on, matters connected with the project which it can reasonably be foreseen will affect their health or safety; and
• ensure that there are arrangements for the co-ordination of the views of employees at work on construction work, or of their representatives, where necessary for reasons of health and safety having regard to the nature of the construction work and the size of the premises where the construction work is carried out.
Requirements and prohibitions on contractors (regulation 19)
Every contractor shall, in relation to the project:
• co-operate with the principal contractor so far as is necessary to enable each of them to comply with his duties under the relevant statutory provisions;
• so far as is reasonably practicable, promptly provide the principal contractor with any information (including any relevant part of any risk assessment made by virtue of the Management of Health and Safety at Work Regulations 1992) which might affect the health or safety of any person at work carrying out the construction work or of any person who may be affected or which might justify a review of the health and safety plan;
• comply with any directions of the principal contractor given to him under regulation 16(2);
• comply with any rules applicable to him in the health and safety plan;
• promptly provide the principal contractor with the information in relation to any injury, death, condition or dangerous occurrence which the contractor is required to notify under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995; and
• promptly provide the principal contractor with any information which:
– is in the possession of the contractor or which he could ascertain by making reasonable enquiries of persons under his control; and
– it is reasonable to believe the principal contractor would provide to the planning supervisor in order to comply with the requirements imposed on the principal contractor in respect thereof by regulation 16(1) (e); and
– which is not in the possession of the principal contractor.
No employer shall cause or permit any employee of his to work on construction work unless the employer has been provided with the information mentioned in paragraph 4.
No self-employed person shall work on construction work unless he has been provided with the information mentioned in paragraph 4.
The information referred to in paragraphs 2 and 3 is:
• the name of the planning supervisor for the project;
• the name of the principal contractor for the project; and
• the contents of the health and safety plan or such part of it as is relevant to the construction work which any such employer or, as the case may be, which the self-employed person, is to carry out.
It shall be a defence in any proceedings for contravention of paragraph 2 or 3 for the employer or self-employed person to show that he made all reasonable enquiries and reasonably believed:
• that he had been provided with the information mentioned in paragraph 4; or
• that, by virtue of any provision in regulation 3, this regulation did not apply to the construction work.
Exclusion of civil liability (regulation 21)
Breach of a duty imposed by these regulations, other than those imposed by regulation 10 and regulation 16(1) (c), shall not confer a right of action in any civil proceedings.
Enforcement (regulation 22)
The enforcing authority for these regulations shall be the Health and Safety Executive.
Schedule 1: Particulars to be notified to the HSE
• Date of forwarding
• Exact address of the construction site
• Name and address of the client or clients (see note)
• Type of project
• Name and address of the planning supervisor
• A declaration signed by or on behalf of the planning supervisor that he has been appointed as such
• Name and address of the principal contractor
• A declaration signed by or on behalf of the principal contractor that he has been appointed as such
• Date planned for the start of the construction phase
• Planned duration of the construction phase
• Estimated maximum number of people at work on the construction site
• Planned number of contractors on the construction site
• Name and address of any contractor or contractors already chosen.
Note: Where a declaration has been made in accordance with regulation 4(4), item 3 above refers to the client or clients on the basis that the declaration has not yet taken effect.
Summary of the main duties
Client
The client must be satisfied that each of the four categories below are competent and ensure the allocation of sufficient resources, including time, to the project. He must further ensure that work does not begin until a satisfactory health and safety plan has been prepared.
Designer
The designer must ensure that structures are designed to avoid or minimise risks during construction and maintenance. He must provide adequate information where risks cannot be avoided and alert clients to their duties.
Planning supervisor
The planning supervisor has overall responsibility for co-ordinating the health and safety aspects of the design and planning stage. He is responsible for the early stages of the health and safety plan, and must ensure that the health and safety file is prepared and delivered to the client at the end of the project.
Principal contractor
The principal contractor must develop and implement the health and safety plan. He must take account of health and safety issues when preparing and presenting tenders, and co-ordinate the activities of contractors to ensure compliance with health and safety legislation. He must check on the provision of information and training for employees, and on consultation arrangements with employees and the self-employed. He must further ensure only authorised personnel are allowed on site.
Contractors
All contractors must co-operate with the principal contractor and provide relevant information on the risks to health and safety arising from their work and on the means of control. They must provide information to the principal contractor and to employees. The self-employed have similar duties to contractors.
Documents
Health and safety plan
The plan covers two phases. At pre-tender stage it must include a general description of the work, timings, details of risks to workers, and information for the principal contractors and on welfare arrangements. At the construction stage it must include arrangements for the health and safety of all those affected by the construction work, arrangements for management of the work and for monitoring of legal compliance, and information about welfare arrangements.
Health and safety file
This document contains information for the client/user of the building on the risks present during maintenance, repair or renovation.
The Construction (Head Protection) Regulations 1989
These regulations impose requirements for the provision of suitable head protection for, and the wearing of suitable head protection by, people at work on building operations or works of engineering construction within the meaning of the FA.
Regulation 3 requires employers to provide suitable head protection (see the definition of this below) for their employees, and for the self-employed to provide it for themselves. It also imposes requirements for the maintenance and replacement of that head protection. Employees are required to report to their employers losses of or defects in their head protection.
Employers, and others having control over workers, must ensure that head protection is worn. The regulations allow rules to be made or directions given as to the wearing of head protection in specified circumstances. There is a specific requirement on people at work to wear head protection.
‘Suitable head protection’, under the regulations, means head protection that:
• is designed to provide protection, so far as is reasonably practicable, against foreseeable risks of injury to the head to which the wearer may be exposed
• after any necessary adjustment, fits the wearer
• is suitable with regard to the work or activity in which the wearer may be engaged.
The Construction (Health, Safety and Welfare) Regulations 1996
These regulations impose requirements with respect to the health, safety and welfare of persons at work carrying out ‘construction work’ as defined and of others who may be affected by that work. Specified regulations apply in respect of ‘construction work carried out on a construction site’ as defined. Where a workplace on a construction site is set aside for purposes other than construction, the regulations do not apply.
Subject to specific exceptions, the regulations impose requirements on duty holders, i.e. employers, the self-employed and others who control the way in which construction work is carried out. Employees have duties in respect of their own actions. Every person at work has duties as regards cooperation with others and the reporting of danger.
The principal duties of employers, the self-employed and controllers
Safe places of work
A general duty to ensure a safe place of work and safe means of access to and from that place of work.
Specific provisions include the following:
Precautions against falls
(a) prevention of falls from heights by physical precautions or, where this is not possible, provision equipment that will arrest falls;
(b) provision and maintenance of physical precautions to prevent falls through fragile materials;
(c) erection of scaffolding, access equipment, harnesses and nets under the supervision of a competent person; and
(d) specific criteria for using ladders.
Falling objects
(a) where necessary to protect people at work and others, taking steps to prevent materials or objects from falling;
(b) where it is not reasonably practicable to prevent falling materials, taking precautions to prevent people from being struck, e.g. covered walkways;
(c) prohibition of throwing any materials or objects down from a height if they could strike someone; and
(d) storing materials and equipment safely.
Work on structures
(a) prevention of accidental collapse of new or existing structures or those under construction;
(b) ensuring any dismantling or demolition of any structure is planned and carried out in a safe manner under the supervision of a competent person; and
(c) only firing explosive charges after steps have been taken to ensure that no one is exposed to risk or injury from the explosion.
Excavations, cofferdams and caissons
(a) prevention of the collapse of ground both in and above excavations;
(b) identification and prevention of risk from underground cables and other services; and ensuring cofferdams and caissons are properly designed, constructed and maintained.
Prevention or avoidance of drowning
(a) taking steps to prevent people falling into water or other liquid so far as is reasonably practicable;
(b) ensuring that personal protective and rescue equipment is immediately available for use and maintained, in the event of a fall; and
(c) ensuring sure transport by water is under the control of a competent person.
Traffic routes, vehicles, doors and gates
(a) ensuring construction sites are organised so that pedestrians and vehicles can both move safely and without risks to health;
(b) ensuring routes are suitable and sufficient for the people or vehicles using them;
(c) prevention or control of the unintended movement of any vehicle;
(d) ensuring arrangements for giving a warning of any possible dangerous movement, e.g. reversing vehicles;
(e) ensuring safe operation of vehicles including prohibition of riding or remaining in unsafe positions; and
(f) ensuring doors and gates which could prevent danger, e.g. trapping risk of powered doors and gates, are provided with suitable safeguards.
Prevention and control of emergencies
(a) prevention of risk from fire, explosion, flooding and asphyxiation;
(b) provision of emergency routes and exits;
(c) provision of arrangements for dealing with emergencies, including procedures for evacuating the site; and
(d) where necessary, provision of fire-fighting equipment, fire detectors and alarm systems.
Welfare facilities
(a) provision of sanitary and washing facilities and an adequate supply of drinking water;
(b) provision of rest facilities, facilities to change and store clothing.
Site-wide issues
(a) ensuring sufficient fresh or purified air is available at every workplace, and that associated plant is capable of giving visible or audible warning of failure;
(b) ensuring a reasonable working temperature is maintained at indoor workplaces during working hours;
(c) provision of facilities for protection against adverse weather conditions;
(d) ensuring suitable and sufficient emergency lighting is available;
(e) ensuring suitable and sufficient lighting is available, including the provision of secondary lighting where there would be a risk to health or safety if the primary or artificial lighting failed;
(f) maintaining construction sites in good order and in a reasonable state of cleanliness;
(g) ensuring the perimeter of a construction site to which people, other than those working on the site could gain access, is marked by suitable signs so that its extent can be easily identified; and
(h) ensuring all plant and equipment used for construction work is safe, of sound construction and used and maintained so that it remains safe and without risks to health.
Training, inspection and reports
(a) ensuring construction activities where training, technical knowledge or experience is necessary to reduce risks of injury are only carried out by people who meet these requirements or, if not, are supervised by those with appropriate training, knowledge or experience;
(b) before work at height, on excavations, cofferdams or caissons begins, ensuring the place of work is inspected (and at subsequent specified periods), by a competent person, who must be satisfied that the work can be done safely; and
(c) following inspection, ensuring written reports are made by the competent person.
CONSTRUCTION (HEALTH, SAFETY AND WELFARE)
REGULATIONS 1996
SCHEDULE 7
PLACES OF WORK REQUIRING INSPECTION
Control of Asbestos at Work Regulations 2002
These regulations apply to all workplaces where asbestos products are manufactured, used and handled and cover all persons at risk from work with asbestos.
They are accompanied by an ACOP, The control of asbestos, and the following HSE Guidance Notes provide further information:
EH 10 Asbestos – Control Limits: Measurement of airborne dust concentrations and assessment of control measures
EH 35 Probable asbestos dust concentrations in construction processes
EH 36 Work with asbestos insulating board
EH 41 Respiratory protective equipment for use against asbestos
EH 47 The provision, use and maintenance of hygiene facilities for work with asbestos insulation and coatings.
Interpretation (regulation 2)
Action level means one of the following cumulative exposures to asbestos over a continuous 12-week period when measured or calculated by a method approved by the HSC, namely:
(a) where the exposure is solely to chrysotile, 72 fibre-hours/ml of air;
(b) where exposure is to any other form of asbestos either alone or in mixtures including mixtures of chrysotile with any other form of asbestos, 48 fibre-hours/ml of air; or
(c) where both types of exposure occur separately during the 12-week period concerned, a proportionate number of fibre-hours/ml of air.
Asbestos means the following minerals, that is to say, crocidolite, amosite, chrysotile, fibrous actinolite, fibrous anthophyllite or fibrous tremolite or any mixture containing any of those minerals.
Control limit means one of the following concentrations of asbestos in the atmosphere when measured or calculated by the reference method described in Annex 1 to Council Directive 83/477/EEC or by a method giving equivalent results approved by the HSC, namely:
(a) for chrysotile:
(i) 0.3 fibres/ml of air averaged over a continuous period of 4 hours;
(ii) 0.9 fibres/ml of air averaged over a continuous period of 10 minutes;
(b) for any other form of asbestos either alone or in mixtures including mixtures of chrysotile with any other form of asbestos:
(i) 0.2 fibres/ml of air averaged over a continuous period of 4 hours;
(ii) 0.6 fibres/ml of air averaged over a continuous period of 10 minutes.
Control measure means a measure taken to prevent or reduce exposure to asbestos (including the provision of systems of work and supervision, the cleaning of workplaces, premises, plant and equipment, the provision and use of engineering controls and personal protective equipment.
Medical examination includes any laboratory tests and X-rays that a relevant doctor may require).
Personal protective equipment means all equipment (including clothing) which is intended to be worn or held by a person at work and which protects that person against one or more risks to his health, and any addition or accessory designed to meet that objective.
For the purpose of these regulations, except as specified in regulation 10(4), in determining whether an employee is exposed to asbestos or whether the extent of such exposure exceeds the action level or relevant control limit, no account shall be taken of respiratory protective equipment which, for the time being, is being worn by that employee.
Duty to manage asbestos in non-domestic premises (regulation 4)
In this regulation, the dutyholder means:
• every person who has, by virtue of a contract or tenancy, an obligation to any extent in relation to the maintenance or repair of non-domestic premises or any means of access thereto or egress therefrom; or
• in relation to any part of non-domestic premises where there is no such contract or tenancy, every person who has, to any extent, control of that part of those non-domestic premises or any means of access thereto or egress therefrom, and where there is more than one dutyholder, the relative contribution to be made by each such person in complying with the requirements of this regulation will be determined by the nature and extent of the maintenance and repair obligation owed by that person.
Every person shall co-operate with the dutyholder so far as is necessary to enable the dutyholder to comply with his duties under this regulation.
In order to enable him to manage the risk from asbestos in non-domestic premises, the dutyholder shall ensure that a suitable and sufficient assessment is carried out as to whether asbestos is or is liable to be present in the premises.
In making the assessment:
• such steps as are reasonable in the circumstances shall be taken; and
• the condition of any asbestos which is, or has been assumed to be, present in the premises shall be considered.
Without prejudice to the generality of the above paragraph, the dutyholder shall ensure that:
• account is taken of building plans or other relevant information and of the age of the premises; and
• an inspection is made of those parts of the premises which are reasonably accessible.
The dutyholder shall ensure that the assessment is reviewed forthwith if:
• there is reason to suspect that the assessment is no longer valid; or
• there has been a significant change in the premises to which the assessment relates.
The dutyholder shall ensure that the conclusions of the assessment and every review are recorded.
Where the assessment shows that asbestos is or is liable to be present in any part of the premises the dutyholder shall ensure that:
• a determination of the risk from that asbestos is made;
• a written plan identifying those parts of the premises concerned is prepared; and
• the measures which are to be taken for managing the risk are specified in the written plan.
The measures to be specified in the plan for managing the risk shall include adequate measures for:
• monitoring the condition of any asbestos or any substance containing or suspected of containing asbestos;
• ensuring any asbestos or any such substance is properly maintained or where necessary safely removed; and
• ensuring that information about the location and condition of any asbestos or any such substance is:
– provided to every person liable to disturb it; and
– made available to the emergency services.
The dutyholder shall ensure that:
• the plan is reviewed and revised at regular intervals, and forthwith if:
– there is reason to suspect the plan is no longer valid; or
– there has been a significant change in the premises to which the plan relates;
• the measures specified in the plan are implemented; and
• the measures taken to implement the plan are recorded.
Identification of the type of asbestos (regulation 5)
An employer shall not carry out work which is liable to expose his employees to asbestos unless either:
• before commencing that work, he has identified, by analysis or otherwise, the type of asbestos involved in the work; or
• he has assumed that the asbestos is not chrysotile alone and for the purposes of these regulations has treated it accordingly.
Assessment of work which exposes employees to asbestos (regulation 6)
An employer shall not carry out work which is liable to expose his employees to asbestos unless he has:
• made a suitable and sufficient assessment of the risk created by that exposure to the health of those employees and of the steps that need to be taken to meet the requirements of these regulations;
• recorded the significant findings of that risk assessment as soon as is practicable after the risk assessment is made; and
• implemented the steps referred to in sub-paragraph (a) above.
Without prejudice to the generality of paragraph 1 above, the risk assessment shall:
• subject to regulation 5, identify the type of asbestos to which employees are liable to be exposed;
• determine the nature and degree of exposure which may occur in the course of the work;
• consider the effect of control measures which have been or will be taken in accordance with regulation 10;
• consider the results of monitoring of exposure in accordance with regulation 18;
• set out the steps to be taken to prevent that exposure or reduce it to the lowest level reasonably practicable;
• consider the results of relevant medical surveillance; and
• include such additional information as the employer may need in order to complete the risk assessment.
The risk assessment shall be reviewed regularly, and forthwith if:
• there is reason to suspect that the existing risk assessment is no longer valid;
• there is a significant change in the work to which the risk assessment relates; or
• the results of any monitoring carried out pursuant to regulation 18 show it to be necessary,
and where, as a result of the review, changes to the risk assessment are required, those changes shall be made.
Where the risk assessment has determined that the exposure of his employees to asbestos may exceed the action level, the employer shall keep a copy of the significant findings of that risk assessment of those premises at which, and for such time as, the work to which that risk assessment relates is being carried out.
Plans of work (regulation 7)
An employer shall not undertake any work with asbestos unless he has prepared a suitable written plan of work detailing how that work is to be carried out.
The employer shall keep a copy of the plan of work:
• at those premises at which; and
• for such time as,
the work to which the plan relates is being carried out.
The plan of work shall include in particular details of:
• the nature and probable duration of the work;
• the location of the place where the work is to be carried out;
• the methods to be applied where the work involves the handling of asbestos or materials containing asbestos;
• the characteristics of the equipment to be used for:
– protection and decontamination of those carrying out the work; and
– protection of other persons on or near the worksite; and
• the measures which the employer intends to take in order to comply with the requirements of regulation 10.
The employer shall ensure, so far as is reasonably practicable, that the work to which the plan of work relates is carried out in accordance with that plan.
Notification of work with asbestos (regulation 8)
This regulation shall apply to work at the premises of the employer in which an employee is or is liable to be exposed to asbestos unless:
• the extent of that exposure neither exceeds nor is liable to exceed the action level; or
• the work is work to which the Asbestos (Licensing) Regulations 1983 apply.
An employer shall not carry out work to which this regulation applies for the first time unless he has notified the enforcing authority in writing of the particulars specified in Schedule 1 at least 14 days before commencing that work or before such shorter time as the enforcing authority may agree.
Where an employer has notified work in accordance with the above paragraph and there is a material change in that work which might affect the particulars so notified (including the cessation of the work), the employer shall forthwith notify the enforcing authority of that change.
Information, instruction and training (regulation 9)
Every employer shall ensure that adequate information, instruction and training is given to those of his employees:
• who are liable to be exposed to asbestos, or who supervise such employees, so that they are aware of:
– the significant findings of the risk assessment;
– the risks to health from asbestos;
– the precautions which should be observed; and
– the relevant control limit and action level,
in order to safeguard themselves and other employees; and
• who carry out work in connection with the employer’s duties under these regulations, so that they can carry out that work effectively.
The information, instruction and training shall be:
• given at regular intervals;
• adapted to take account of significant changes in the type of work carried out or methods of work used by the employer; and
• provided in a manner appropriate to the nature and degree of exposure identified by the risk assessment.
Prevention or reduction of exposure to asbestos (regulation 10)
Every employer shall:
• prevent the exposure of his employees to asbestos so far as is reasonably practicable;
• where it is not reasonably practicable to prevent such exposure:
– reduce the exposure of his employees to asbestos to the lowest level reasonably practicable by measures other than the use of respiratory protective equipment (RPE); and
– ensure that the number of his employees who are exposed to asbestos is as low as is reasonably practicable.
Where employees may be exposed to asbestos in a manufacturing process or in the installation of a product, prevention of such exposure to asbestos shall be achieved, where it is practicable, by substituting for asbestos a substance which, under the conditions of its use, does not create a risk to the health of his employees or creates a lesser risk than that created by asbestos.
Where it is not practicable to avoid the use of asbestos by substitution in accordance with the above paragraph, the measures referred to in paragraph 1(b)(i) shall include, in order of priority:
• the design and use of appropriate work processes, systems and engineering controls and the provision and use of suitable work equipment and materials in order to avoid or minimise the release of asbestos; and
• the control of exposure at source, including adequate ventilation systems and appropriate organisational measures.
Where it is not reasonably practicable to reduce the exposure of an employee to below the control limits which apply to that exposure, then, in addition to taking the measures required by that paragraph, the employer shall provide that employee with suitable RPE which will reduce the concentration of asbestos in the air inhaled by the employee (after taking into account the effect of that RPE) to a concentration which is as low as is reasonably practicable and in any event below those control limits.
Personal protective equipment (PPE) provided by an employer shall be suitable for the purpose and shall:
• comply with any provision in the Personal Protective Equipment at Work Regulations 2002 which is applicable to that item of PPE; or
• in the case of RPE, where no provision referred to in the above sub-paragraph applies, be of a type approved or shall conform to a standard approved, in either case, by the HSE.
Every employer shall take immediate steps to remedy the situation where the concentration of asbestos in air inhaled by any employee exceeds the relevant control limit.
Where asbestos is used in a work process, or is produced by a work process, the employer shall ensure that the quantity of asbestos and materials containing asbestos at the premises where that work is carried out is reduced to as low a level as is reasonably practicable.
Use of control measures (regulation 11)
Every employer who provides any control measure, other thing or facility pursuant to these regulations shall ensure so far as is reasonably practicable that it is properly used or applied as the case may be.
Every employee shall make full and proper use of any control measure, other thing or facility provided pursuant to these regulations and, where relevant, shall:
• take all reasonable steps to ensure it is returned after use to any accommodation provided for it; and
• if he discovers a defect therein report it forthwith to his employer.
Maintenance of control measures etc. (regulation 12)
Every employer who provides any control measure shall ensure that, where relevant, it is maintained in an efficient state, in efficient working order, in good repair and in a clean condition.
Where exhaust ventilation equipment or RPE (except disposable RPE) is provided, the employer shall ensure that thorough examinations and tests of that equipment are carried out at suitable intervals by a competent person.
Every employer shall keep a suitable record of the examinations and tests carried out and of repairs carried out as a result of those examinations and tests, and that record or a suitable summary thereof shall be kept available for at least 5 years from the date on which it was made.
Provision and cleaning of protective clothing (regulation 13)
Every employer shall provide adequate and suitable protective clothing for such of his employees as are exposed or are liable to be exposed to asbestos, unless no significant quantity of asbestos is liable to be deposited on the clothes of the employee while he is at work.
The employer shall ensure that protective clothing provided is either disposed of as asbestos waste or adequately cleaned at suitable intervals.
The cleaning shall be carried out either on the premises where the exposure to asbestos has occurred, where those premises are suitably equipped for such cleaning, or in a suitably equipped laundry.
The employer shall ensure that protective clothing which has been used and is to be removed from the premises (whether for cleaning, further use or disposal) is packed, before being removed, in a suitable container which shall be labelled in accordance with the provisions of Schedule 2 as if it were a product containing asbestos or, in the case of protective clothing intended for disposal as waste, in accordance with regulation 23(3).
Where, as a result of the failure or improper use of the protective clothing, a significant quantity of asbestos is deposited on the personal clothing of an employee, that personal clothing shall be treated as if it were protective clothing.
Arrangements to deal with accidents, incidents and emergencies (regulation 14)
In order to protect the health of his employees from accident, incident or emergency related to the use of asbestos in a work process or to the removal or repair of asbestos-containing materials at the workplace, the employer shall ensure that:
• procedures, including the provision of relevant safety drills (which shall be tested at regular intervals), have been prepared which can be put into effect when such an event occurs;
• information on emergency arrangements including:
– details of relevant work hazards and hazard identification arrangements; and
– specific hazards likely to arise at the time of an accident, incident or emergency,
is available; and
• suitable warning and other communication systems are established to enable an appropriate response, including remedial actions and rescue operations, to be made immediately when such an event occurs.
The employer shall ensure that information on the procedure and systems is:
• made available to relevant accident and emergency services to enable those services, whether internal or external to the workplace, to prepare their own response procedures and precautionary measures; and
• displayed at the workplace, if this is appropriate.
Paragraph 1 shall not apply where:
• the results of the risk assessment show that, because of the quantity of the asbestos present at the workplace, there is only a slight risk to the health of the employees; and
• the measures taken by the employer to comply with the duty under regulation 10(1) are sufficient to control that risk.
In the event of an accident, incident or emergency related to the unplanned release of asbestos at the workplace, the employer shall ensure that:
• immediate steps are taken to:
– mitigate the effects of the event;
– restore the situation to normal; and
– inform any person who may be affected; and
• 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 RPE and protective clothing; and
– any necessary specialised safety equipment and plant,
which shall be used until the situation is restored to normal.
Duty to prevent or reduce the spread of asbestos (regulation 15)
Every employer shall prevent or, where this is not reasonably practicable, reduce to the lowest level reasonably practicable, the spread of asbestos from any place where work under his control is carried out.
Cleanliness of premises and plant (regulation 16)
Every employer who undertakes work which exposes or is liable to expose his employees to asbestos shall ensure that:
• the premises, or those parts of the premises where that work is carried out, and the plant used in connection with that work are kept in a clean state; and
• where such work has been completed, the premises, or those parts of the premises where the work was carried out, are thoroughly cleaned.
Where a manufacturing process which gives rise to asbestos dust is carried out in a building, the employer shall ensure that any part of the building in which the process is carried out is:
• so designed and constructed as to facilitate cleaning; and
• equipped with an adequate and suitable vacuum cleaning system which shall, where reasonably practicable, be a fixed system.
Designated areas (regulation 17)
Every employer shall ensure that any area in which work under his control is carried out is designated as:
• an asbestos area, where the exposure to asbestos of an employee who worked in that area for the whole of his working time would exceed or would be liable to exceed the action level; and
• a respirator zone, where the concentration of asbestos in that area would exceed or would be liable to exceed a relevant control limit.
Asbestos areas and respirator zones shall be clearly and separately demarcated and identified by notices indicating:
• that the area is an asbestos area or a respirator zone or both, as the case may be; and
• in the case of a respirator zone, that the exposure of an employee who enters it is liable to exceed a relevant control limit and, if it does, that RPE must be worn.
The employer shall not permit any employee, other than an employee who by reason of his work is required to be in an area designated in accordance with paragraph 1, to enter or remain in any such area and only employees who are so permitted shall enter or remain in any such area.
Every employer shall ensure that:
• his employees do not eat, drink or smoke in an area designated as an asbestos area or respirator zone; and
• arrangements are made for such employees to eat or drink in some other place.
Air monitoring (regulation 18)
Every employer shall monitor the exposure of his employees to asbestos by measurement of asbestos fibres present in the air:
• at regular intervals; and
• when a change occurs which may affect the exposure.
The above paragraph shall not apply where:
• the exposure of an employee is not liable to exceed the action level; or
• the employer is able to demonstrate by another method of evaluation that the requirements of regulation 10(1) have been complied with.
The employer shall keep a suitable record of:
• monitoring carried out in accordance with paragraph 1; or
• where he decides that monitoring is not required because paragraph 2(b) applies, the reason for that decision.
The record required by paragraph 3, or a suitable summary thereof, shall be kept:
• in a case where exposure is such that a health record is required to be kept under regulation 21, for at least 40 years; or
• in any other case, for at least 5 years,
from the date of the last entry made in it.
In relation to the record required by paragraph 3, the employer shall:
• on reasonable notice being given, allow an employee access to his personal monitoring record;
• provide the HSE with copies of such monitoring records as the HSE may require; and
• if he ceases to trade, notify the HSE forthwith in writing and make available to the HSE all monitoring records kept by him.
Standards for air testing (regulation 19)
Any employer who carries out any measurement of the concentration of asbestos fibres present in the air shall ensure that he meets criteria equivalent to those set out in the paragraphs of ISO 17025 which cover organisation, quality systems, control of records, personnel, accommodation and environmental conditions, test and calibration methods, method validation, equipment, handling of test and calibration items, and reporting results.
Every employer who requests a person to carry out any measurement of the concentration of asbestos fibres present in the air shall ensure that that person is accredited by an appropriate body as complying with ISO 17025.
Standards for analysis (regulation 20)
Every employer who analyses a sample of any material to determine whether it contains asbestos shall ensure that he meets criteria equivalent to those set out in the paragraphs of ISO 17025 which cover organisation etc. (as per regulation 19).
Every employer who requests a person to analyse a sample of any material to determine whether it contains asbestos shall ensure that that person is accredited by the appropriate body as complying with ISO 17025.
Health records and medical surveillance (regulation 21)
Every employer shall ensure that:
• a health record, containing particulars approved by the HSE, relating to each of his employees who is exposed to asbestos is maintained unless the exposure of that employee does not exceed the action level; and
• that record or a copy thereof is kept available in a suitable form for at least 40 years from the date of the last entry made in it.
Every employer shall ensure that each of his employees who is exposed to asbestos is under adequate medical surveillance by a relevant doctor unless the exposure of that employee does not exceed the action level.
The medical surveillance required shall include:
• a medical examination not more than 2 years before the beginning of such exposure; and
• periodic medical examinations at intervals of not more than 2 years or such shorter time as the relevant doctor may require while such exposure continues,
and each such medical examination shall include a specific examination of the chest.
Where an employee has been examined in accordance with the above, the relevant doctor shall issue a certificate to the employer and employee stating:
• that the employee has been so examined; and
• the date of the examination,
and the employer shall keep that certificate or a copy thereof for at least 40 years from the date on which it was issued.
An employee to whom this regulation applies shall, when required by his employer and at the cost of the employer, present himself during his working hours for such examination and tests as may be required and shall furnish the relevant doctor with such information concerning his health as the relevant doctor may reasonably require.
Where, for the purpose of carrying out his functions under these regulations, a relevant doctor requires to inspect any record kept for the purpose of these regulations, the employer shall permit him to do so.
Where medical surveillance is carried out on the premises of the employer, the employer shall ensure that suitable facilities are made available for the purpose.
The employer shall:
• on reasonable notice being given, allow an employee access to his personal health record;
• provide the HSE with copies of such personal health records as the HSE may require; and
• if he ceases to trade, notify the HSE forthwith in writing and make available to the HSE all personal health records kept by him.
Where, as a result of medical surveillance, an employee is found to have an identifiable disease or adverse health effect which is considered by a relevant doctor to be the result of exposure to asbestos at work the employer of that employee shall:
• ensure that a suitable person informs the employee accordingly and provides the employee with information and advice regarding further medical surveillance;
• review the risk assessment;
• review any measure taken to comply with regulation 10, taking into account any advice by a relevant doctor or by the HSE;
• consider assigning the employee to alternative work where there is no risk of further exposure to asbestos, taking into account any advice given by a relevant doctor; and
• provide a review of the health of every other employee who has been similarly exposed, including a medical examination (which shall include a specific examination of the chest) where such an examination is recommended by a relevant doctor or by the HSE.
Washing and changing facilities (regulation 22)
Every employer shall ensure that, for any of his employees who is exposed or liable to be exposed to asbestos, there are provided:
• adequate washing and changing facilities;
• where he is required to provide protective clothing, adequate facilities for the storage of:
– personal protective clothing; and
– personal clothing not worn during working hours;
• where he is required to provide RPE, adequate facilities for the storage of that equipment.
The facilities for the storage of personal protective clothing, personal clothing not worn during working hours and RPE shall be separate from each other.
Storage, distribution and labelling of raw asbestos and asbestos waste (regulation 23)
Every employer who undertakes work with asbestos shall ensure that raw asbestos or waste which contains asbestos is not:
• stored;
• received into or despatched from any place of work; or
• distributed within any place of work except in a totally enclosed distribution system, unless it is in a sealed container clearly marked in accordance with paragraphs 2 and 3 showing that it contains asbestos.
Raw asbestos shall be marked in accordance with the provision of Schedule 2.
Waste containing asbestos shall be labelled:
• where the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 apply, in accordance with those regulations;
• where the waste is conveyed by road in a road tanker or tank container in circumstances where the Carriage of Dangerous Goods by Road Regulations 1996 apply, in accordance with those regulations; and
• in any other case, in accordance with the provisions of Schedule 2.
Supply of products containing asbestos for use at work (regulation 24)
Subject to paragraph 2, a person shall not supply a product which contains asbestos, being an article or substance for use at work, unless that product is labelled in accordance with the provisions of Schedule 2.
Where a component of a product contains asbestos, it shall be sufficient compliance with this regulation if that component is labelled in accordance with the provisions of Schedule 2 except that where the size of the component makes it impossible for a label to be fixed to it neither that component nor the product need be labelled.
Defence (regulation 28)
Subject to regulation 21 of the Management of Health and Safety at Work Regulations 1999, in any proceedings for an offence consisting of a contravention of these regulations it shall be a defence for any person to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of that offence.
Schedule 1
Particulars to be included in a notification
The following particulars are to be included in a notification made in accordance with regulation 8(2), namely:
• the name of the notifier and the address and telephone number of his usual place of business;
• a brief description of:
– the type(s) of asbestos to used and handled (crocidolite, amosite, chrysotile or other);
– the maximum quantity of asbestos to be held at any one time on the premises at which the work is to take place;
• the activities or processes involved;
• the products to be manufactured, where applicable, and
• the date of commencement of the work activity.
Schedule 2
The labelling of raw asbestos, asbestos waste and products containing asbestos
Subject to sub-paragraphs 2 and 3 of this paragraph, the label to be used on:
• raw asbestos (together with the labelling required under the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 and the Carriage of Dangerous Goods (Classification, Packaging and Labelling and Use of Transportable Pressure Receptacles Regulations 1996),
• asbestos waste, when required to be so labelled by regulation 23(3), and
• products containing asbestos, including used protective clothing to which regulation 13(2) applies,
shall be in the form and in the colours of the following diagram and shall comply with the specifications set out in paragraphs 2 and 3.
In the case of a product containing crocidolite, the words ‘contains asbestos’ shown in the diagram shall be replaced by the words ‘contains crocidolite/blue asbestos’.
Where the label is printed directly onto a product, a single colour contrasting with the background colour may be used.
The dimensions in millimetres of the label referred to in paragraph 1(1) shall be those shown on the diagram in that paragraph, except that larger measurements may be used, but in that case the dimension indicated as h on the diagram shall be 40% of the dimension indicated as H.
The label shall be clearly and indelibly printed so that the words in the lower half of the label can be easily read, and those words shall be printed in black or white.
Where a product containing asbestos may undergo processing or finishing it shall bear a label containing safety instructions appropriate to the particular product and in particular the following instructions:
‘operate if possible out of doors or in a well ventilated place’;
‘preferably use hand tools or low speed tools equipped, if necessary, with an appropriate dust extraction facility. If high speed tools are used, they should always be so equipped.’;
‘if possible, dampen before cutting or drilling’; and
‘dampen dust, place it in a properly closed receptacle and dispose of it safely’.
Additional safety information given on a label shall not detract from or contradict the safety information given in accordance with sub-paragraph 1.
Labelling of packaged and unpackaged products containing asbestos in accordance with the foregoing paragraphs shall be effected by means of:
• an adhesive label firmly affixed to the product or its packaging, as the case may be;
• a tie-on label firmly attached to the product or its packaging, as the case may be; or
• direct printing onto the product or its packaging, as the case may be.
Where, in the case of an unpackaged product containing asbestos, it is not reasonably practicable to comply with the provisions of sub-paragraph 1 the label shall be printed on a suitable sheet accompanying the product.
Labelling of raw asbestos and asbestos waste shall be effected in accordance with sub-paragraph 1(a) or (c).
For the purposes of this Schedule but subject to sub-paragraph 5, a product supplied in loose plastic or other similar wrapping (including plastic and paper bags) but no other packaging, shall be treated as being supplied in a package whether the product is placed in such wrapping at the time of its supply or was already so wrapped previously.
No wrapping in which a product is placed at the time of its supply shall be regarded as packaging if any product contained in it is labelled in accordance with the requirements of this Schedule or any other packaging in which that product is contained is so labelled.
The Control of Major Accident Hazards (COMAH) Regulations 1999
The COMAH Regulations replaced the Control of Industrial Major Accident Hazard (CIMAH) Regulations 1984. As such, COMAH emphasises the control of risks both to people and the environment.
Under the regulations the HSE and the Environment Agency (EA) in England, together with the Scottish Environment Protection Agency (SEPA), are required to form a joint ‘competent authority’ for enforcing the regulations.
The regulations apply to defined ‘establishments’ where dangerous substances are present in quantities equal to or exceeding those specified in column 2 of Parts 2 or 3 or Schedule 1, with certain exceptions.
Definition of ‘establishment’
An establishment means the whole area under the control of the same person where dangerous substances are present in one or more installations, and for this purpose two or more areas under the control of the same person and separated only by a road, railway or inland waterway shall be treated as one whole area.
Major accident
This is defined as:
an occurrence (including, in particular, a major emission, fire or explosion) resulting from uncontrolled developments in the course of the operation of any establishment and leading to serious danger to human health or the environment, immediate or delayed, inside or outside the establishment, and involving one or more dangerous substances.
Application of COMAH to individual workplaces is based on the presence of specified quantities of dangerous substances. Under the COMAH Regulations, substances are both listed and classified by type.
Principal requirements of the regulations
The regulations:
• impose a duty on the operator of an establishment to take all measures necessary to prevent major accidents and limit their consequences for persons and the environment
• impose a duty on the operator to prepare a major accident prevention policy document containing specified information and to revise it in specified circumstances
• require the operator to notify the competent authority of specified matters at specific times
• require the operator to send at specified times a safety report to the competent authority containing specified information, to revise that report in specified circumstances, and not to start the construction of operation of the establishment until he has received from the competent authority the conclusions of its examination of the report
• require the operator to review and revise the safety report in specified circumstances
• require the operator to prepare an on-site emergency plan for specified purpose and containing specified information
• require, subject to any exemption that may be granted by the competent authority, the local authority to prepare an off-site emergency plan for specified purposes and containing specified information and require the operator to supply the local authority the information necessary to enable the plan to be prepared
• require on-site and off-site emergency plans to be reviewed, tested and implemented, and empower the local authority to charge the operator a fee for preparing, reviewing and testing the off-site emergency plan
• require the operator to provide, after consulting the local authority, specified information to specified persons at specified times and to make that information publicly available
• require the operator to demonstrate to the competent authority that he has taken all measures to comply with regulations
• require the operator to provide, when requested to do so by the competent authority, information to the authority for specified purposes
• require the operator to notify major accidents to the competent authority
• require the operator to provide information to, and co-operate with, other establishments in a group designated by the competent authority
• impose functions on the competent authority with respect to:
– its consideration of the safety report sent by the operator;
– prohibiting the operation of the establishment;
– inspections and investigations;
– enforcement; and
– the provision of information
• provide for fees to be payable by the operator to the HSE in relation to the performance of specified functions of the Executive or competent authority
• amend the Petroleum Consolidation Act 1928, the Petroleum-Spirit (Motor Vehicles etc) Regulations 1929 and the Petroleum-Spirit (Plastic Containers) Regulations 1982 so as to disapply those regulations to establishments subject to these regulations and to sites subject to the Notification of Installations Handling Hazardous Substances Regulations 1982.
Site classification and reporting
All high hazard sites are covered by the regulations, being classified into ‘top tier’ and ‘lower tier’ according to their inventories of hazardous substances held.
Operators of low tier sites must notify the competent authorities and prepare a Major Accident Prevention Policy (MAPP). Top tier sites may include their MAPP document in the safety report covering, for instance, preparation of on-site emergency plans and the provision of certain information to the public.
Charging arrangements
The HSE is empowered to charge organisations for inspections carried out under the regulations.
Enforcement committees
Because COMAH covers both health and safety and environmental issues, an enforcement committee must be formed for each site which includes experts from both the HSE and the EA.
Appointment of lead person
One person from this committee (the lead person) must take the lead in liaising with the organisation in order to prevent confusion. The identity of the lead person is determined by the dominant hazards on site. Where the hazards are mainly to human life, the HSE takes the lead, and where the hazards are mainly environmental, the EA takes the lead.
The Control of Lead at Work Regulations 2002
These regulations define ‘lead’ as meaning lead (including lead alkyls, lead alloys, any compounds of lead and lead as a constituent of any substance or material) which is liable to be inhaled, ingested or otherwise absorbed by persons except where it is given off from the exhaust system of a vehicle on a road within the meaning of section 192 of the Road Traffic Act 1988.
The regulations:
• specify occupational exposure limits for lead and lead alkyls (i.e. tetraethyl lead and tetramethyl lead);
• specify suspension levels with respect to:
– blood-lead concentrations (in respect of women of reproductive capacity, young persons and other employees); and
– urinary lead concentrations (in respect of women of reproductive capacity and other employees);prohibit the use of glazes in the manufacture of pottery, other than a leadless glaze or a low solubility glaze;
• prohibit the employment of young persons and women of reproductive capacity in any activity specified in Schedule 1 (involving specified lead smelting and refining process and lead-acid battery manufacturing processes);
• require an employer to make a sufficient assessment of the risk created by the work to the health of employees and of the steps that need to be taken to meet the requirements of the regulations; a risk assessment shall include consideration of:
– the hazardous properties of the lead;
– information on health effects provided by the supplier, including information contained in any relevant safety data sheet;
– the level, type and duration of exposure;
– the circumstances of the work, including the amount of lead involved;
– activities, such as maintenance, where there is the potential for high level of exposure;
– any relevant occupational exposure limit, action level and suspension level;
– the effect of prevention and control measures which have been or will be taken in accordance with regulation 6;
– the results of relevant medical surveillance;
– the results of monitoring of exposure in accordance with regulation 9;
– in circumstances where the work will involve exposure to lead and another substance hazardous to health, the risk presented by exposure to those substances in combination;
– whether the exposure of any employee to lead is liable to be significant; and
– such additional information as the employer may need in order to complete the risk assessment;
• require an employer to ensure that the exposure of his employees to lead is either prevented or, where this is not reasonably practicable, adequately controlled; where the substitution of lead with a safer substance cannot be undertaken, the employer must apply protective measures appropriate to the activity and consistent with the risk assessment;
• require an employer to take measures to prevent eating, drinking or smoking in any place which is or is liable to be contaminated by lead;
• require any physical control measure to be maintained in an efficient state, in efficient working order, in good repair and in a clean condition; local exhaust ventilation systems to be examined and tested at least once every 14 months;
• where there is risk of ‘significant’ exposure, the employer must operate a suitable procedure for air monitoring, maintaining a suitable record of such monitoring;
• require an employer to ensure that each of his employees who is or is liable to be exposed to lead is under suitable medical surveillance by a relevant doctor;
• require an employer to provide suitable and sufficient information, instruction and training to employees who are liable to be exposed to lead;
• require employers to have appropriate procedures for dealing with accidents, incidents and emergencies.
Schedule 1 specifies activities in which the employment of young persons and women of reproductive capacity is prohibited, e.g. in lead smelting and refining processes.
The Control of Pesticides Regulations 1986
The regulations apply to substances used for:
• protecting plants from harmful organisms
• regulating plant growth
• giving protection, for example, against harmful insects, and rendering them harmless
• controlling organisms with harmful effects, such as in buildings
• protecting animals, against parasites, for example.
Prohibitions (regulation 4)
There is a general prohibition on advertising, selling, supplying, storing or using a pesticide without the approval of the Minister of Agriculture, Fisheries and Food and the Secretary of State, as per regulation 5, below.
Approvals (regulation 5)
This regulation authorises the Minister and Secretary of State to give approval to a pesticide of any description.
Consents (regulation 6)
This regulation authorises the Minister and Secretary of State to consent to the advertising, sale, supply, storage and use of pesticides under certain conditions.
The seizure or disposal of pesticides (regulation 7)
Under this regulation, the Minister and Secretary of State have the power to seize or dispose of pesticides used in breach of regulation 4.
The release of information to the public (regulation 8)
Evaluations of pesticides may be revealed to any member of the public who requests them, for a fee.
Schedules 1–3
These Schedules detail the conditions operating with regard to giving consent to advertise, sell, store or use pesticides.
Schedule 4
This Schedule details the conditions that apply to regulate crop spraying by air.
The Control of Substances Hazardous to Health (COSSH) Regulations 2002
The COSSH Regulations apply to every form of workplace and every type of work activity involving the use of substances which may be hazardous to health to people at work. The regulations are supported by a number of HSC Approved Codes of Practice, including:
‘Control of substances hazardous to health’
‘Control of carcinogenic substances’ and
‘Control of biological agents’.
Regulation 2 – Definitions
The following definitions are important:
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) a substance or preparation which is classified in accordance with the classification provided for by regulation 4 of the CHIP Regulations 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) a 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.
Control measure means a measure taken to reduce exposure to a substance hazardous to health (including the provision of systems of work and supervision, the cleaning of workplaces, premises, plant and equipment, the provision and use of engineering controls and personal protective equipment).
Hazard, in relation to a substance, means the intrinsic property of that substance which has the potential to cause harm to the health of a person, and ‘hazardous’ shall be construed accordingly.
Health surveillance means the assessment of the state of health of an employee, as related to exposure to substances hazardous to health, and includes biological monitoring.
Inhalable dust means airborne material which is capable of entering the nose and mouth during breathing, as defined by BS EN 481 1993.
Maximum exposure limit for a substance hazardous to health means the maximum exposure limit approved by the HSC for that substance in relation to a specified reference period when calculated by a method approved by the HSC.
Micro-organism means a microbiological entity, cellular or non-cellular, which is capable of replication or of transferring genetic material.
Occupational exposure standard for a substance hazardous to health means the standard approved by the HSC for that substance in relation to the specified reference period when calculated by a method approved by the HSC.
Preparation means a mixture or solution of two or more substances.
Respirable dust means airborne material which is capable of penetrating the gas exchange region of the lung, as defined by BS EN 481 1993.
Risk, in relation to the exposure of an employee to a substance hazardous to health, means the likelihood that the potential for harm to the health of a person will be attained under the conditions of use and exposure and also the extent of that harm.
Substance means any natural or artificial substance whether in solid or liquid form or in the form of a gas or vapour (including micro-organism).
Substance hazardous to health means a substance (including any preparation):
(a) which is listed for supply in Part 1 of the Approved Supply List as dangerous for supply within the meaning of the CHIP Regulations and for which an indication of danger specified for the substance is very toxic, toxic, harmful, corrosive or irritant;
(b) for which the HSC has approved a maximum exposure limit or an occupational exposure standard;
(c) which is a biological agent;
(d) which is 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 inhalable dust; or
(ii) 4 mg/m3, as a time-weighted average over an 8-hour period, of respirable dust;
(e) which, not being a substance falling within sub-paragraphs (a) to (d), because of its chemical or toxicological properties and the way it is used or is present at the workplace creates a risk to health.
Regulation 3 – Duties under these regulations
Where a duty is placed by these regulations on an employer in respect of his employees, he shall, so far as is reasonably practicable, be under a like duty in respect of any other person, whether at work or not, who may be affected by the work carried out by the employer except that the duties of the employer:
• under regulations 11 (health surveillance) shall not extend to persons who are not his employees; and
• under regulations 10, 12(1) and (2) and 13 (which relate respectively to monitoring, information and training and dealing with accidents) shall not extend to persons who are not his employees, unless those persons are on the premises where the work is being carried out.
Regulation 4 – Prohibitions relating to certain substances
Those substances described in Column 1 of Schedule 2 are prohibited to the extent set out in the corresponding entry in Column 2 of that Schedule.
Regulation 5 – Application of regulations 6 to 13
Regulations 6 to 13 shall have effect with a view to protecting persons against a risk to their health, whether immediate or delayed, arising from exposure to substances hazardous to health except:
• where and to the extent that the following Regulations apply, namely:
– the Coal Mines (Respirable Dust) Regulations 1975;
– the Control of Lead at Work Regulations 2002;
– the Control of Asbestos at Work Regulations 2002;
• 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;
• 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.
Regulation 6 – Assessment of the risk to health created by work involving substances hazardous to health
An employer shall not carry out work which is liable to expose any employees to any substance hazardous to health unless he has:
• made a suitable and sufficient assessment of the risk created by that work to the health of those employees and of the steps that need to be taken to meet the requirements of these regulations; and
• implemented the steps referred to in sub-paragraph (a) above.
The risk assessment shall include consideration of:
• the hazardous properties of the substance;
• information on health effects provided by the supplier, including information contained in any relevant safety data sheet;
• the level, type and duration of exposure;
• the circumstances of the work, including the amount of the substance involved;
• activities, such as maintenance, where there is a potential for a high level of exposure;
• any relevant occupational exposure standard, maximum exposure limit or similar occupational exposure limit;
• the effect of preventive and control measures which have been or will be taken in accordance with regulation 7;
• the results of relevant health surveillance;
• the results of monitoring of exposure in accordance with regulation 10;
• in circumstances where the work will involve exposure to more than one substance hazardous to health, the risk presented by exposure to such substances in combination;
• the approved classification of any biological agent; and
• such additional information as the employer may need in order to complete the risk assessment.
The risk assessment shall be reviewed regularly and forthwith if:
• there is reason to suspect that the risk assessment is no longer valid;
• there has been a significant change in the work to which the assessment relates; or
• the results of any monitoring carried out in accordance with regulation 10 show it to be necessary,
and where, as a result of the review, changes to the risk assessment are required, those changes shall be made.
Where the employer employs five or more employees, he shall record:
• the significant findings of the risk assessment as soon as is practicable after the risk assessment is made; and
• the steps he has taken to meet the requirements of regulation 7.
Regulation 7 – Prevention or control of exposure to substances hazardous to health
Every employer shall ensure that the exposure of his employees to substances hazardous to health is either prevented or, where this is not reasonably practicable, adequately controlled.
In complying with his duty under the above paragraph, substitution shall by preference be undertaken, whereby the employer shall avoid, so far as is reasonably practicable, the use of a substance hazardous to health at the workplace by replacing it with a substance or process which, under the conditions of its use, either eliminates or reduces the risk to the health of his employees.
Where it is not reasonably practicable to prevent exposure to a substance hazardous to health, the employer shall comply with his duty of control under paragraph 1 by applying protection measures appropriate to the activity and consistent with the risk assessment, including in order of priority:
• the design and use of appropriate work processes, systems and engineering controls and the provision and use of suitable work equipment and materials;
• the control of exposure at source, including adequate ventilation systems and appropriate organisational measures; and
• where adequate control of exposure cannot be achieved by other means, the provision of suitable personal protective equipment in addition to the measures required by the above sub-paragraphs.
The measures referred to in the above paragraph shall include:
• arrangements for the safe handling, storage and transport of substances hazardous to health, and waste containing such substances, at the workplace;
• the adoption of suitable maintenance procedures;
• reducing, to the minimum required for the work concerned:
– the number of employees subject to exposure;
– the level and duration of exposure; and
– the quantity of substances hazardous to health present at the workplace;
• the control of the working environment, including appropriate general ventilation; and
• appropriate hygiene measures including adequate washing facilities.
Without prejudice to the generality of paragraph 1, where it is not reasonably practicable to prevent exposure to a carcinogen, the employer shall apply the following measures in addition to those required by paragraph 3 above:
• totally enclosing the process and handling systems, unless this is not reasonably practicable;
• the prohibition of eating, drinking and smoking in areas that may be contaminated by carcinogens;
• cleaning floors, walls and other surfaces at regular intervals and whenever necessary;
• designating those areas and installations which may be contaminated by carcinogens and using suitable and sufficient warning signs; and
• storing, handling and disposing of carcinogens safely, including closed and clearly labelled containers.
Without prejudice to the generality of paragraph 1, where it is not reasonably practicable to prevent exposure to a biological agent, the employer shall apply the following measures in addition to those required by paragraph 3 above:
• displaying suitable and sufficient warning signs, including the biohazard sign shown in Part IV of Schedule 3;
• specifying appropriate decontamination and disinfection procedures;
• instituting means for the safe collection, storage and disposal of contaminated waste, including the use of secure and identifiable containers, after suitable treatment where appropriate;
• testing, where it is necessary and technically possible, for the presence, outside the primary physical confinement, of biological agents used at work;
• specifying procedures for working with, and transporting at the workplace, a biological agent or material that may contain such an agent;
• where appropriate, making available effective vaccines for those employees who are not already immune to the biological agent to which they are exposed or are liable to be exposed;
• instituting hygiene measures compatible with the aim of preventing or reducing the accidental transfer or release of a biological agent from the workplace, including:
– the provision of appropriate and adequate washing and toilet facilities; and
– where appropriate, the prohibition of eating, drinking, smoking and the application of cosmetics in working areas where there is a risk of contamination by biological agents;
and
• where there are human patients or animals which are, or are suspected of being, infected with a Group 3 or 4 biological agent, the employer shall select the most suitable control and containment measures from those listed in Part II of Schedule 3 with a view to controlling adequately the risk of infection.
Without prejudice to the generality of paragraph 1, where there is exposure to a substance for which a maximum exposure limit has been approved, control of exposure shall, so far as the inhalation of that substance is concerned, only be treated as being adequate if the level of exposure is reduced so far as is reasonably practicable and in any case below the maximum exposure limit.
Without prejudice to the generality of paragraph 1, where there is exposure to a substance for which an occupational exposure standard has been approved, control of exposure shall, so far as the inhalation of that substance is concerned, only be treated as being adequate if:
• that occupational exposure standard is not exceeded; or
• where that occupational exposure standard is exceeded, the employer identifies the reasons for the standard being exceeded and takes appropriate action to remedy the situation as soon as is reasonably practicable.
Personal protective equipment provided by an employer in accordance with this regulation shall be suitable for the purpose and shall:
• comply with any provision in the Personal Protective Equipment Regulations 2002 which is applicable to that item of personal protective equipment; or
• in the case of respiratory protective equipment, where no provision referred to in the above sub-paragraph applies, be of a type approved or shall conform to a standard approved, in either case, by the HSE.
Without prejudice to the provisions of this regulation, Schedule 3 shall have effect in relation to work with biological agents.
In this regulation adequate means adequate having regard only to the nature of the substance and the nature and degree of exposure to substances hazardous to health.
Regulation 8 – Use of control measures, etc.
Every employer who provides any control measure, other thing or facility in accordance with these Regulations shall take all reasonable steps to ensure that it is properly used or applied as the case may be.
Every employee shall make full and proper use of any control measure, other thing or facility provided in accordance with these Regulations and, where relevant, shall:
• take all reasonable steps to ensure it is returned after use to any accommodation provided for it; and
• if he discovers a defect therein, report it forthwith to his employer.
Regulation 9 – Maintenance, examination and testing of control measures
Every employer who provides any control measure to meet the requirements of regulation 7 shall ensure that, where relevant, it is maintained in efficient state, in efficient working order and in good repair and in a clean condition.
Where engineering controls are provided to meet the requirements of regulation 7, the employer shall ensure that thorough examination and testing of those controls is carried out:
• in the case of local exhaust ventilation plant, at least once every 14 months, or for local exhaust ventilation plant used in conjunction with a process specified in Column 1 of Schedule 4, at not more than the interval specified in the corresponding entry in Column 2 of that Schedule; or
• in any other case, at suitable intervals.
Where respiratory protective equipment (other than disposable respiratory protective equipment) is provided to meet the requirements of regulation 7, the employer shall ensure that thorough examination and, where appropriate, testing of that equipment is carried out at suitable intervals.
Every employer shall keep a suitable record of the examination and tests carried out in accordance with paragraphs 2 and 3 above and of repairs carried out as a result of those examinations and tests, and that record or a suitable summary thereof shall be kept for at least 5 years from the date on which it was made.
Every employer shall ensure that personal protective equipment, including protective clothing, is:
• properly stored in a well-defined place;
• checked at suitable intervals; and
• when discovered to be defective, repaired or replaced before further use.
Personal protective equipment which may be contaminated by a substance hazardous to health shall be removed on leaving the working area and kept apart from uncontaminated clothing and equipment.
The employer shall ensure that the equipment referred to in paragraph 6 is subsequently decontaminated and cleaned or, if necessary, destroyed.
Regulation 10 – Monitoring exposure at the workplace
Where the risk assessment indicates:
• it is a requisite for ensuring the maintenance of adequate control of the exposure of employees to substances hazardous to health; or
• it is otherwise requisite for protecting the health of employees,
the employer shall ensure the exposure of employees to substances hazardous to health is monitored in accordance with a suitable procedure.
Paragraph 1 shall not apply where the employer is able to demonstrate by another method of evaluation that the requirements of regulation 7(1) have been complied with.
The monitoring referred to in paragraph 1 shall take place:
• at regular intervals; and
• when any change occurs which may affect that exposure.
Where a substance or process is specified in Column 1 of Schedule 5, monitoring shall be carried out at least at the frequency specified in the corresponding entry in Column 2 of that Schedule.
The employer shall ensure that a suitable record of monitoring carried out for the purpose of this regulation is made and maintained and that that record or a suitable summary thereof is kept available:
• where the record is representative of the personal exposures of identifiable employees, for at least 40 years; or
• in any other case, for at least 5 years,
from the date of the last entry made in it
The employer shall:
• on reasonable notice being given, allow an employee access to his personal monitoring record;
• provide the HSE with copies of such monitoring records as the HSE may require; and
• if he ceases to trade, notify the HSE forthwith in writing and make available to the HSE all monitoring records kept by him.
Regulation 11 – Health surveillance
Where it is appropriate for the protection of the health of his employees who are, or are liable to be exposed to a substance hazardous to health, the employer shall ensure that such employees are under suitable health surveillance.
Health surveillance shall be treated as being appropriate where:
• the employee is exposed to one of the substances specified in Column 1 of Schedule 6 and is engaged in a process specified in Column 2 of that Schedule, and there is a reasonable likelihood that an identifiable disease or adverse health effect will result from that exposure; or
• the exposure of the employee to a substance hazardous to health is such that:
– an identifiable disease or adverse health effect may be related to the exposure;
– there is a reasonable likelihood that the disease or effect may occur under the particular conditions of his work; and
– there are valid techniques for detecting indications of the disease or effect,
and the technique of investigation is of low risk to the employee.
The employer shall ensure that a health record, containing particulars approved by the HSE, in respect of each of his employees to whom paragraph 1 applies, is made and maintained and that that record or a copy thereof is kept available in a suitable form for at least 40 years from the date of the last entry made in it.
The employer shall:
• on reasonable notice being given, allow an employee access to his personal health record;
• provide the HSE with copies of such health records as the HSE may require; and
• if he ceases to trade, notify the HSE forthwith in writing and make available to the HSE all health records kept by him.
If an employee is exposed to a substance specified in Schedule 6 and is engaged in a process specified therein, the health surveillance required under paragraph 1 shall include medical surveillance under the supervision of a relevant doctor at intervals of not more than 12 months or at such shorter intervals as the relevant doctor may require.
Where an employee is subject to medical surveillance and a relevant doctor has certified by an entry in the health record of that employee that in his professional opinion that employee should not be engaged in work which exposes him to that substance or that he should only be so engaged under conditions specified in the record, the employer shall not permit the employee to be engaged in such work except in accordance with the conditions, if any, specified in the health record, unless that entry has been cancelled by a relevant doctor.
An employee to whom this regulation applies shall, when required by his employer and at the cost of the employer, present himself during his working hours for such health surveillance procedures as may be required for the purposes of paragraph 1 and, in the case of an employee who is subject to medical surveillance in accordance with paragraph 5, shall furnish the relevant doctor with such information concerning his health as the relevant doctor may reasonably require.
Where, as a result of health surveillance, an employee is found to have an identifiable disease or adverse health effect which is considered by a relevant doctor or other occupational health professional to be the result of exposure to a substance hazardous to health the employer of that employee shall:
• ensure that a suitably qualified person informs the employee accordingly and provides the employee with information and advice regarding further health surveillance;
• review the risk assessment;
• review any measures taken to comply with regulation 7, taking into account any advice given by a relevant doctor, occupational health professional or by the HSE;
• consider assigning the employee to alternative work where there is no risk of further exposure to that substance, taking into account any advice given by a relevant doctor or occupational health professional; and
• provide for a review of the health of any employee who has been similarly exposed, including a medical examination where such an examination is recommended by a relevant doctor, occupational health professional or by the HSE.
Where, for the purpose of carrying out his functions under these regulations, a relevant doctor requires to inspect any workplace or any record kept for the purposes of these regulations, the employer shall permit him to do so.
Where an employee or an employer is aggrieved by a decision recorded in the health record by a relevant doctor to suspend an employee from work which exposes him to a substance hazardous to health (or to impose conditions on such work), he may, by an application in writing to the HSE within 28 days of the date on which he was notified of the decision, apply for that decision to be reviewed in accordance with a procedure approved for the purposes of this paragraph by the HSC, and the result of that review shall be notified to the employee and employer and entered in the health record in accordance with the approved procedure.
Regulation 12 – Information, instruction and training for persons who may be exposed to substances hazardous to health
Every employer who undertakes work which is liable to expose an employee to a substance hazardous to health shall provide that employee with suitable and sufficient information, instruction and training.
Without prejudice to the generality of paragraph 1, the information, instruction and training provided under that paragraph shall include:
• details of the substances hazardous to health to which the employee is liable to be exposed including:
– the names of those substances and the risk which they present to health;
– any relevant occupational exposure standard, maximum exposure limit or similar occupational exposure limit;
– access to any relevant safety data sheet; and
– other legislative provisions which concern the hazardous properties of those substances;
• the significant findings of the risk assessment;
• the appropriate precautions and action to be taken by the employee in order to safeguard himself and other employees at the workplace;
• the results of any monitoring of exposure in accordance with regulation 10 and, in particular, in the case of a substance hazardous to health for which a maximum exposure limit has been approved, the employee or his representatives shall be informed forthwith, if the results of such monitoring show that the maximum exposure limit has been exceeded;
• the collective results of any health surveillance undertaken in accordance with regulation 11 in a form calculated to prevent those results from being identified as relating to a particular person; and
• where employees are working with a Group 4 biological agent or material that may contain such an agent, the provision of written instructions and, if appropriate, the display of notices which outline the procedures for handling such an agent or material.
The information, instruction and training required by paragraph 1 shall be:
• adapted to take account of significant changes in the type of work carried out or methods of work used by the employer; and
• provided in a manner appropriate to the level, type and duration of exposure identified by the risk assessment.
Every employer shall ensure that any person (whether or not his employee) who carries out work in connection with the employer’s duties under these regulations has suitable and sufficient information, instruction and training.
Where containers and pipes for substances hazardous to health used at work are not marked in accordance with any relevant legislation listed in Schedule 7, the employer shall, without prejudice to any derogations provided for in that legislation, ensure that the contents of those containers and pipes, together with the nature of those contents and any associated hazards, are clearly identifiable.
Regulation 13 – Arrangements to deal with accidents, incidents and emergencies
Subject to paragraph 4 and without prejudice to the relevant provisions of the MHSWR, in order to protect the health of his employees from an accident, incident or emergency related to the presence of a substance hazardous to health at the workplace, the employer shall ensure that:
• procedures, including the provision of appropriate first aid facilities and relevant safety drills (which shall be tested at regular intervals), have been prepared which can be put into effect when such an event occurs;
• information on emergency arrangements, including:
– details of relevant work hazards and hazard identification arrangements; and
– specific hazards likely to arise at the time of an accident, incident or emergency,
is available;
• suitable warning and other communication systems are established to enable an appropriate response, including remedial actions and rescue operations, to be made immediately when such an event occurs.
The employer shall ensure that information on the procedures and systems and on the information required is:
• made available to relevant accident and emergency services to enable those services, whether internal or external to the workplace, to prepare their own response procedures and precautionary measures; and
• displayed at the workplace, if this is appropriate.
Subject to paragraph 4 below, in the event of an accident, incident or emergency related to the presence of a substance hazardous to health at the workplace, the employer shall ensure that:
• immediate steps are taken to:
– mitigate the effects of the event;
– restore the situation to normal; and
– inform those of his employees who may be affected.
• only those persons who are essential for the carrying out of repairs and other necessary work are permitted in the affected area and they are provided with:
– appropriate personal protective equipment; and
– any necessary specialised safety equipment and plant;
which shall be used until the situation is restored to normal; and
• in the case of an incident or accident which has or may have resulted in the release of a biological agent which could cause severe human disease, as soon as practicable thereafter his employees or their representatives are informed of:
• the causes of the incident or accident; and
• the measures taken or to be taken to rectify the situation.
Paragraph 1 and, provided the substance hazardous to health is not a carcinogen or biological agent, paragraph 3 above shall not apply where:
• the results of the risk assessment show that, because of the quantity of each substance hazardous to health present at the workplace, there is only a slight risk to the health of employees; and
• the measures taken by the employer to comply with the duty under regulation 7(1) are sufficient to control that risk.
An employee shall report forthwith to his employer or to any other employee of that employer with specific responsibility for the health and safety of his fellow employees, any accident or incident which has or may have resulted in the release of a biological agent which could cause severe human disease.
Provisions relating to certain fumigations (regulation 14)
This regulation lays down specific requirements with respect to fumigations in which the fumigant used or intended to be used is hydrogen cyanide, phosphine or methyl bromide. It should be read in conjunction with Schedule 8 (Fumigations excepted from regulation 14) and Schedule 9 (Notification of certain fumigations).
Extension of the meaning of ‘work’ (regulation 19)
For the purposes of Part I of the HSWA, the meaning of ‘work’ shall be extended to include any activity involving the consignment, storage or use of a Group 2, 3 or 4 biological agent and the meaning of ‘at work’ shall be extended accordingly, and in that connection the references to employer in paragraphs 5 and 6 of Schedule 3 include references to any persons carrying out such an activity.
Defence (regulation 21)
Subject to regulation 21 of the MHSWR 1999, in any proceedings for an offence consisting of a contravention of these Regulations, it shall be a defence for any person to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of that offence.
Schedules
1. Other substances and processes to which the definition of ‘carcinogen’ exists
2. Prohibition of certain substances hazardous to health for certain purposes
3. Additional provisions relating to work with biological agents
4. Frequency of thorough examination and test of local exhaust ventilation plant used in certain processes
5. Specific substances and processes for which monitoring is required
6. Medical surveillance
7. Legislation concerned with the labelling of containers and pipes
8. Fumigations excepted from regulation 14
9. Notification of certain fumigations.
Transport of Dangerous Goods
Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004
These regulations (‘the Carriage Regulations’) implement:
• the European Agreement concerning the International Carriage of Dangerous Goods by Road 2003 (ADR 2003) with a number of exceptions; and
• the Council Directive 96/49/EEC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail (as amended); this Directive applies the Regulations concerning the International Carriage of Dangerous Goods by Rail (RID) which form Annex 1 to Appendix B to the Convention concerning International Carriage by Rail (RID 2003).
ADR 2003 sets out the conditions under which dangerous goods can be carried by road, with detailed requirements incorporated in two Annexes to the Agreement.
The Carriage Regulations also implement a further Directive on transportable pressure equipment and replace 12 previous statutory instruments that regulated the carriage of dangerous goods by road and rail in the United Kingdom. Detailed guidance on the requirements of ADR and the Carriage Regulations is incorporated in the HSE publication Working with ADR: an introduction to the carriage of dangerous goods by road.
The scope of the Carriage Regulations is extensive. Part II of the regulations details the requirements for RID and ADR, including training requirements, the safety obligations of those involved in the carriage of dangerous goods, the functions of safety advisers, reporting procedures for accidents and incidents, emergency plans for marshalling yards, classification of goods and the use, construction and testing of packagings and packages.
The regulations take account of national derogations agreed with the European Commission in respect of certain transport operations involving local journeys or the movement of dangerous goods in small quantities. They retain the mandatory Emergency Action Code system for placarding certain GB-registered vehicles on journeys in Great Britain. The regulations will be supported by a number of letters of authorisation allowing time-limited relaxations to some requirements.
The main changes include:
• revised limited quantity and load thresholds for transporting dangerous goods;
• packaging requirements which are based on RID or ADR;
• the transport of diesel, gas oil and heating oil come within the scope of the regulations;
• revised reporting requirements; and
• the phasing out of the competent person periodic inspection regime for transportable pressure equipment by 1 July 2006.
The functions of the ‘competent authority’ are specified in Part III, together with requirements for transportable pressure equipment in Part IV. Additional requirements to RID and ADR are dealt with in Part V.
There are 14 Schedules to the Carriage Regulations, which include detailed requirements for placards, marks and plate marking for carriage within Great Britain.
Classification of dangerous goods
There are nine classifications of dangerous goods, thus:
1. Explosives
These are sub-divided into six groups, Classes 1.1 to 1.3 being the most dangerous. Different substances are also assigned a ‘compatibility group’ which help a carrier determine which substances may be carried together.
2. Gases
This classification covers all compressed gases including those classified as ‘flammable’ and ‘toxic’, thus:
2.1 Flammable gases
2.2 Non-toxic, non-flammable compressed gases
2.3 Toxic gases.
3. Flammable liquids
These are liquids which give off a vapour and which burn in air if ignited.
4. Other flammables
These are sub-divided into:
4.1 Flammable solids which ignite and burn when heated
4.2 Spontaneously combustible (pyrophoric) which ignite when they come into contact with air
4.3 Dangerous when wet, which ignite or give off flammable gas when wet.
5. Oxidisers
These are sub-divided into:
5.1 Oxidising agents which produce oxygen helping to sustain any fire that may start
5.2 Organic peroxides – unstable compounds which give off oxygen and may heat up; can explode.
6. Toxics
These are sub-divided into:
6.1 Poisonous/toxic substances which may be inhaled, swallowed or absorbed through eyes
6.2 Infectious substances which may represent a biological hazard.
7. Radioactives
These are not sub-divided but there are three levels of danger. The most dangerous, ‘Radioactive’, should be accompanied by a sign with three red bars upon it.
8. Corrosives
These substances may cause serious burns.
9. Miscellaneous
This classification covers any other substance regarded as dangerous by the UN which does not readily fit into the classes above.
Warning diamonds
Each class or sub-class is assigned a warning diamond depicting the nature of the associated hazard. Warning diamonds are colour coded depending upon the nature of the hazard and incorporate a pictorial representation of the hazard within the diamond and its class.
The Dangerous Substances (Notification and Marking of Sites) Regulations 1990
These regulations are principally directed at the safety of fire authority personnel attending incidents at premises containing large quantities of dangerous substances, and apply where the aggregate quantity of dangerous substances on a site is 25 tonnes or more.
The person in control of a site must notify both the HSE or the local authority and the fire authority prior to storage in excess of the aggregate quantity on site and mark the site accordingly.
All sites to which the regulations apply (with the exception of petrol filling stations) must display the appropriate signs, namely access signs and location signs, which must be kept clean and free from obstruction.
The Dangerous Substances and Explosive Atmospheres Regulations 2002
These regulations impose requirements for the purpose of eliminating or reducing risks to safety from fire, explosion or other events arising from the hazardous properties of a ‘dangerous substance’! in connection with work.
The regulations implement:
• Council Directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work, so far as that Directive relates to safety; and
• Council Directive 99/92/EC on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres.
Important definitions
Dangerous substance means:
(a) a substance or preparation which meets the criteria in the approved classification and labelling guide for classification as a substance or preparation which is explosive, oxidising, extremely flammable, highly flammable or flammable, whether or not that substance or preparation is classified under the CHIP Regulations;
(b) a substance or preparation which because of its physico-chemical or chemical properties and the way it is used or is present at the workplace creates a risk, not being a substance or preparation falling within sub-paragraph (a) above; or
(c) any dust, whether in the form of solid particles or fibrous materials or otherwise, which can form an explosive mixture with air or an explosive atmosphere, not being a substance or preparation falling within sub-paragraphs (a) or (b) above.
Explosive atmosphere means a mixture, under atmospheric conditions, of air and one or more dangerous substances in the form of gases, vapours, mists or dusts in which, after ignition has occurred, combustion spreads to the entire unburned mixture.
Hazard means the physico-chemical or chemical property of a dangerous substance which has the potential to give rise to fire, explosion, or other events which can result in harmful physical effects of a kind similar to those which can be caused by fire or explosion, affecting the safety of a person.
Preparation means a mixture or solution of two or more substances.
Risk means the likelihood of a person’s safety being affected by harmful physical effects being caused to him from fire, explosion or other events arising from the hazardous properties of a dangerous substance in connection with work and also the extent of that harm.
Safety data sheet means a safety data sheet within the meaning of regulation 5 of the CHIP Regulations.
Substance means any natural or artificial substance whether in solid or liquid form or in the form of a gas or vapour.
Work processes means all technical aspects of work involving dangerous substances and includes:
(a) appropriate technical means of supervision;
(b) connecting devices;
(c) control and protection systems;
(d) engineering controls and solutions;
(e) equipment;
(f) materials;
(g) machinery;
(h) plant;
(i) protective systems; and
(j) warning and other communication systems.
Regulation 4 – Duties under these regulations
1. Where a duty is placed by these regulations on an employer in respect of his employees, he shall, so far as is reasonably practicable, be under a like duty in respect of any other person, whether at work or not, who may be affected by the work carried on by the employer, except that:
(a) the duties of the employer under regulations 6(5)(f) and 7(5) (which relate, respectively, to the provision of suitable personal protective equipment and the provision of appropriate work clothing) shall not extend to the persons who are not his employees; and
(b) the duties of the employer under regulations 8 and 9 (which relate, respectively, to dealing with accidents and to provision of information, instruction and training) shall not extend to persons who are not his employees, unless those persons are at the workplace where the work is being carried on and subject to the following, namely, that, in relation to the application of regulation 9 to such persons, regulation 9 shall apply to the extent that is required by the nature and degree of that risk.
2. These regulations shall apply to a self-employed person as they apply to an employer and an employee and as if that self-employed person were both an employer and employee.
Regulation 5 – Risk assessment
1. Where a dangerous substance is or is liable to be present at the workplace, the employer shall make a suitable and sufficient assessment of the risks to his employees which arise from that substance.
2. The risk assessment shall include consideration of:
(a) the hazardous properties of the substance;
(b) information on safety provided by the supplier, including information contained in any relevant safety data sheet;
(c) the circumstances of the work including:
(i) the work processes and substances used and their possible interactions;
(ii) the amount of the substance involved;
(iii) where work will involve more than one dangerous substance, the risk presented by such substances in combination; and
(iv) the arrangements for the safe handling, storage and transport of dangerous substances and of waste containing dangerous substances;
(d) activities, such as maintenance, where there is the potential for a high level of risk;
(e) the effect of measures which have been or will be taken pursuant to these regulations;
(f) the likelihood that an explosive atmosphere will occur and its persistence;
(g) the likelihood that ignition sources, including electrostatic discharges, will be present and become active and effective;
(h) the scale of the anticipated effects of a fire or an explosion;
(i) any places which are or can be connected via openings to places in which explosive atmospheres may occur; and
(j) such additional information as the employer may need in order to complete the risk assessment.
3. The risk assessment shall be reviewed by the employer regularly so as to keep it up to date and particularly if:
(a) there is reason to suspect that the risk assessment is no longer valid; or
(b) there has been a significant change in the matters to which the risk assessment relates including when the workplace, work processes or organisation of the work undergoes significant changes, extensions or conversions;
and where, as a result of the review, changes to the risk assessment are required, those changes shall be made.
4. Where the employer employs five or more employees, the employer shall record the significant findings of the risk assessment as soon as is practicable after that assessment is made, including in particular:
(a) the measures which have been or will be taken by him pursuant to these regulations;
(b) sufficient information to show that the workplace and work processes are designed, operated and maintained with due regard for safety and that, in accordance with the Provision and Use of Work Equipment Regulations 1998, adequate arrangements have been made for the safe use of work equipment;
(c) where an explosive atmosphere may occur at the workplace, sufficient information to show:
(i) those places which have been classified into zones pursuant to regulation 7(1);
(ii) equipment which is required for, or helps to ensure, the safe operation of equipment located in places classified as hazardous pursuant to regulation 7(1);
(iii) that any verification of overall explosive safety required by regulation 7(4) has been carried out; and
(iv) the aim of any co-ordination required by regulation 11 and the measures and procedures for implementing it.
5. No new work activity involving a dangerous substance shall commence unless:
(a) an assessment has been made; and
(b) the measures required by these regulations have been implemented.
Regulation 6 – Elimination or reduction of risks from dangerous substances
1. Every employer shall ensure that risk is either eliminated or reduced so far as is reasonably practicable.
2. In complying with his duty under paragraph 1, substitution shall by preference be undertaken, whereby the employer shall avoid, so far as is reasonably practicable, the presence or use of a dangerous substance at the workplace by replacing it with a substance or process which either eliminates or reduces the risk.
3. Where it is not reasonably practicable to eliminate risk, the employer shall, so far as is reasonably practicable, apply measures, consistent with the risk assessment and appropriate to the nature of the activity or operation:
(a) to control risks, including the measures specified in paragraph 4; and
(b) to mitigate the detrimental effects of a fire or explosion or the other harmful physical effects arising from dangerous substances, including the measures specified in paragraph 5.
4. The following measures are, in order of priority, those specified for the purposes of paragraph 3(a):
(a) the reduction of the quantity of dangerous substances to a minimum;
(b) the avoidance or minimising of the release of a dangerous substance;
(c) the control of the release of a dangerous substance at source;
(d) the prevention of the formation of an explosive atmosphere, including the application of appropriate ventilation;
(e) ensuring that any release of a dangerous substance which may give rise to risk is suitably collected, safely contained, removed to a safe place, or otherwise rendered safe, as appropriate;
(f) the avoidance of:
(i) ignition sources including electrostatic discharges; and
(ii) adverse conditions which could cause dangerous substances to give rise to harmful physical effects; and
(g) the segregation of incompatible dangerous substances.
5. The following measures are those specified for the purposes of paragraph 3(b):
(a) the reduction to a minimum of the number of employees exposed;
(b) the avoidance of the propagation of fires or explosions;
(c) the provision of explosion pressure relief arrangements;
(d) the provision of explosion suppression equipment;
(e) the provision of plant which is constructed so as to withstand the pressure likely to be produced by an explosion; and
(f) the provision of suitable personal protective equipment.
6. The employer shall arrange for the safe handling, storage and transport of dangerous substances and waste containing dangerous substances.
7. The employer shall ensure that any conditions necessary pursuant to these regulations for ensuring the elimination or reduction of risk are maintained.
8. The employer shall, so far as is reasonably practicable, take the general safety measures specified in Schedule 1, subject to those measures being consistent with the risk assessment and appropriate to the nature of the activity or operation.
Regulation 7 – Places where explosive atmospheres may occur
1. Every employer shall classify places at the workplace where an explosive atmosphere may occur into hazardous or non-hazardous places in accordance with paragraph 1 of Schedule 2 and shall classify those places so classified as hazardous into zones in accordance with paragraph 2 of that Schedule; and that Schedule shall have effect subject to the notes at the end of that Schedule.
2. The employer shall ensure that the requirements specified in Schedule 3 are applied to equipment and protective systems in the places classified as hazardous.
3. Where necessary, places classified as hazardous shall be marked by the employer with signs at their points of entry in accordance with Schedule 4.
4. Before a workplace containing places classified as hazardous is used for the first time, the employer shall ensure that its overall explosion safety is verified by a person who is competent in the field of explosion protection as a result of his experience and or professional training or both.
5. The employer shall ensure that appropriate work clothing which does not give rise to electrostatic discharges is provided for use in places classified as hazardous.
Regulation 8 – Arrangements to deal with accidents, incidents and emergencies
1. Subject to paragraph 4, in order to protect the safety of his employees from an accident, incident or emergency related to the presence of a dangerous substance at the workplace, the employer shall ensure that:
(a) procedures, including the provision of appropriate first aid facilities and relevant safety drills (which shall be tested at regular intervals) have been prepared which can be put into effect when such an event occurs;
(b) information on emergency arrangements, including:
(i) details of relevant work hazards and hazard identification arrangements; and
(ii) specific hazards likely to arise at the time of an accident, incident or emergency
is available;
(c) suitable warning and other communication systems are established to enable an appropriate response, including remedial actions and rescue operations, to be made immediately when such an event occurs;
(d) where necessary, before any explosion conditions are reached, visual, or audible, warnings are given and employees withdrawn; and
(e) where the risk assessment indicates it is necessary, escape facilities are provided and maintained to ensure that, in the event of danger, employees can leave endangered places promptly and safely.
2. Subject to paragraph 4, the employer shall ensure that information on the matters referred to in paragraph 1(a), (c) to (e) and the information required by paragraph 1(b) is:
(a) made available to relevant accident and emergency services to enable those services, whether internal or external to the workplace, to prepare their own response procedures and precautionary measures; and
(b) displayed at the workplace, unless the results of the risk assessment make this unnecessary.
3. Subject to paragraph 4, in the event of an accident, incident or emergency related to the presence of a dangerous substance at the workplace, the employer shall ensure that:
(a) immediate steps are taken to:
(i) mitigate the effects of the event;
(ii) restore the situation to normal; and
(iii) inform those of his employees who may be affected; and
(b) only those persons who are essential for the carrying out of repairs and other necessary work are permitted in the affected area and that they are provided with:
(i) appropriate personal protective equipment and protective clothing; and
(ii) any necessary specialised safety equipment and plant, which shall be used until the situation is restored to normal.
4. Paragraphs 1 to 3 shall not apply where:
(a) the results of the risk assessment show that, because of the quantity of each dangerous substance at the workplace, there is only a slight risk to employees; and
(b) the measures taken by the employer to comply with his duty under regulation 6(1) are sufficient to control that risk.
Regulation 9 – Information, instruction and training
1. Where a dangerous substance is present at the workplace, the employer shall provide his employees with:
(a) suitable and sufficient information, instruction and training on the appropriate precautions and actions to be taken by the employee in order to safeguard himself and other employees at the workplace:
(b) the details of any such substance including:
(i) the name of the substance and the risk which it presents;
(ii) access to any relevant safety data sheet; and
(iii) legislative provisions which concern the hazardous properties of the substance; and
(c) the significant findings of the risk assessment.
2. The information, instruction and training required shall be:
(a) adapted to take account of significant changes in the type of work carried out or the methods of work used by the employer; and
(b) provided in a manner appropriate to the risk assessment.
Regulation 10 – Identification of hazardous contents of containers and pipes
Where containers and pipes used at work for dangerous substances are not marked in accordance with relevant requirements of the legislation listed in Schedule 5, the employer shall, subject to any derogations provided for in that legislation, ensure that the contents of those containers and pipes, together with the nature of those contents and any associated hazards, are clearly identifiable.
Regulation 11 – Duty of co-ordination
Where two or more employers share the same workplace (whether on a temporary or permanent basis) where an explosive atmosphere may occur, the employer responsible for the workplace shall co-ordinate the implementation of all the measures required by these regulations to be taken to protect employees from any risk from the explosive atmosphere.
Schedule 1 (regulation 6(8))
General safety measures
1. The following measures are those specified for the purposes of regulation 6(8).
Workplace and work processes
2. Ensuring that the workplace is designed, constructed and maintained so as to reduce risk.
3. Designing, constructing, assembling, installing, providing and using suitable work processes so as to reduce risk.
4. Maintaining work processes in an efficient state, in efficient working order and in good repair.
5. Ensuring that equipment and protective systems meet the following requirements:
(a) where power failure can give rise to the spread of additional risk, equipment and protective systems must be able to be maintained in a safe state of operation independently of the rest of the plant in the event of power failure;
(b) means for manual override must be possible, operated by employees competent to do so, for shutting down equipment and protective systems incorporated within automatic processes which deviate from the intended operating conditions, provided that the provision or use of such means does not compromise safety;
(c) on operation of emergency shutdown, accumulated energy must be dissipated as quickly and as safely as possible or isolated so that it no longer constitutes a hazard; and
(d) necessary measures must be taken to prevent confusion between connecting devices.
Organisational measures
6. The application of appropriate systems of work including:
(a) the issuing of written instructions for the carrying out of the work; and
(b) a system of permits to work with such permits being issued by a person with responsibility for this function prior to the commencement of the work concerned,
where the work is carried out in hazardous places or involves hazardous activities.
Schedule 2 (regulation 7(1))
Classification of places where explosive atmospheres may occur (which substantially reproduces the provisions of Annex 1 of Council Directive 99/92/EC)
1. Places where explosive atmospheres may occur
A place in which an explosive atmosphere may occur in such quantities as to require special precautions to protect the health and safety of the workers concerned is deemed to be hazardous within the meaning of these Regulations.
A place in which an explosive atmosphere is not expected to occur in such quantities as to require special precautions is deemed to be non-hazardous within the meaning of these Regulations.
2. Classification of hazardous places
Hazardous places are classified in terms of zones on the basis of the frequency and duration of the occurrence of an explosive atmosphere.
Zone 0 A place in which an explosive atmosphere consisting of a mixture with air of dangerous substances in the form of gas, vapour or mist is present continuously or for long periods or frequently.
Zone 1 A place in which an explosive atmosphere consisting of a mixture with air of dangerous substances in the form of gas, vapour or mist is likely to occur in normal operation occasionally.
Zone 2 A place in which an explosive atmosphere consisting of a mixture with air of dangerous substances in the form of gas, vapour or mist is not likely to occur in normal operation but, if it does occur, will persist for a short period only.
Zone 20 A place in which an explosive atmosphere in the form of a cloud of combustible dust in air is present continuously, or for long periods or frequently.
Zone 21 A place in which an explosive atmosphere in the form of a cloud of combustible dust in air is likely to occur in normal operation occasionally.
Zone 22 A place in which an explosive atmosphere in the form of a cloud of combustible dust in air is not likely to occur in normal operation but, if it does occur, will persist for a short period only.
Notes
1. Layers, deposits and heaps of combustible dust must be considered as any other source which can form an explosive atmosphere.
2. ‘Normal operation’ means the situation when installations are used within their design parameters.
Schedule 3 (regulation 7(2))
Criteria for the selection of equipment and protective systems
1. Equipment and protective systems for all places in which explosive atmospheres may occur must be selected on the basis of the requirements set out in the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 1996 unless the risk assessment finds otherwise.
2. In particular, the following categories of equipment must be used in the zones indicated, provided they are suitable for gases, vapours, mists, dusts or mists and dusts, as appropriate:
– in zone 0 or zone 20, category 1 equipment
– in zone 1 or zone 21, category 1 or 2 equipment
– in zone 2 or zone 22, category 1, 2 or 3 equipment.
3. For the purposes of this Schedule and regulations 7(2) and 17(1) –
(a) equipment means machines, apparatus, fixed or mobile devices, control components and instrumentation thereof and detection or prevention systems which, separately or jointly, are intended for the generation, transfer, storage, measurement, control and conversion of energy and the processing of material, as the case may be, and which are capable of causing an explosion through their own potential sources of ignition;
(b) protective systems means devices other than components of equipment which are intended to halt incipient explosions immediately or limit the effective range of an explosion or both, as the case may be, and which systems are separately placed on the market for use as autonomous systems;
(c) devices means safety devices, controlling devices and regulating devices intended for use outside potentially explosive atmospheres but required for or contributing to the safe functioning of equipment and protective systems with respect to the risks of explosion;
(d) component means any item essential to the safe functioning of equipment and protective systems but with no autonomous function; and
(e) potentially explosive atmosphere means an atmosphere which could become explosive due to local and operational conditions.
Schedule 4 (regulation 7(3))
(This schedule substantially reproduces the provisions of Annex III of Council Directive 99/92/EC)
Warning sign for places where explosive atmospheres may occur
Distinctive features:
(a) triangular shape;
(b) black letters on a yellow background with black edging (the yellow part to take up at least 50% of the area of the sign).
The Electricity at Work Regulations 1989
These regulations are made under the HSWA and apply to all work associated with electricity. The purpose of the regulations is to require that precautions be taken against the risk of death or personal injury from electricity when it is involved in work activities.
The regulations impose duties on duty holders (see regulation 3) in respect of systems, electrical equipment and conductors, and work activities on or near electrical equipment. They replace the 1908 and 1944 regulations and extend to all premises.
The regulations also establish general principles for electrical safety rather than state detailed requirements. Further detailed advice is given in the supporting Memorandum of Guidance and other authoritative documents, such as the IEE Wiring Regulations, British and European standards and HSE publications.
As the regulations state principles of electrical safety in a form that may be applied to any work activity having a bearing on electrical safety, they apply to all electrical equipment and systems, wherever manufactured, purchased, installed or taken into use, even if this predates them. If, however, electrical equipment does predate the regulations, it does not, of itself, mean that the continued use of such equipment is prohibited. The equipment may continue to be used, provided the requirements of the regulations can continue to be satisfied. In other words, the equipment need only be replaced if it becomes unsafe or there is a risk of injury when it is used.
The duties in some of the regulations are subject to the qualifying term ‘reasonably practicable’. Where qualifying terms are absent, the requirement is said to be absolute, which means that it must be met, regardless of cost or any other consideration.
Regulation 29 provides a defence for a duty holder who can establish that they took all reasonable steps and exercised all due diligence to avoid committing an offence under certain regulations.
Part I: Introduction
Interpretation (regulation 2)
This regulation incorporates a number of important definitions, including:
• circuit conductor, meaning any conductor in a system that is intended to carry electric current in normal conditions, or to be energised in normal conditions, and includes a combined neutral and earth conductor, but does not include a conductor provided solely to perform a protective function by connection to earth or other reference point
• conductor means a conductor of electrical energy
• danger means risk of injury
• electrical equipment includes anything used, intended to be used or installed for use, to generate, provide, transmit, transform, rectify, convert, conduct, distribute, control, store, measure or use electrical energy
• injury means death or personal injury from electric shock, electric burns, electrical explosion or arcing, or from fire or explosion initiated by electrical energy, where any such death or injury is associated with the generation, provision, transmission, rectification, conversion, conduction, distribution, control, storage, measurement or use of electrical energy
• system means any electrical system in which all the electrical equipment is, or may be, electrically connected to a common source of electrical energy, and includes such source and such equipment.
Those on whom duties are imposed (regulation 3)
It shall be the duty of every:
• employer and self-employed person to comply with the provisions of these regulations, in so far as they relate to matters that are within their control
• manager of a mine or quarry to ensure that all requirements or prohibitions imposed by or under these regulations are complied with in so far as they related to the mine or quarry or part of a quarry of which they are the manager and to matters that are within their control
It shall be the duty of every employee while at work to:
• co-operate with their employer so far as is necessary to enable any duty placed on that employer by the provisions of these regulations to be complied with
• comply with the provisions of these regulations in so far as they relate to matters that are within their control.
Part II: General
Systems, work activities and protective equipment (regulation 4)
All systems shall, at all times, be of such construction as to prevent danger, so far as is reasonably practicable.
As may be necessary to prevent danger, all systems shall be maintained so as to prevent, so far as is reasonably practicable such danger.
Every work activity, including operation, use and maintenance of a system and work near a system, shall be carried out in such a manner as not to give rise, so far as is reasonably practicable, to danger.
Any equipment provided under these regulations for the purpose of protecting those at work on or near electrical equipment shall be suitable for this purpose, be maintained in a condition suitable for this use and be properly used.
The strength and capability of electrical equipment (regulation 5)
No electrical equipment shall be put into use where its strength and capability may be exceeded in such a way as to give rise to danger.
Adverse or hazardous environments (regulation 6)
Electrical equipment that may, reasonably foreseeably, be exposed to:
• mechanical danger
• the effects of the weather, natural hazards, temperature or pressure
• the effects of wet, dirty, dusty or corrosive conditions
• any flammable or explosive substance including dusts, vapours or gases, shall be of such construction or, as necessary, protected so as to prevent, so far as is reasonably practicable, danger arising from such exposure.
Insulation, protection and placing of conductors (regulation 7)
All conductors in a system that may give rise to danger shall either:
• be suitably covered with insulating material and, as necessary, protected so as to prevent danger, so far as is reasonably practicable
• have such precautions taken in respect of them (including, where appropriate, their being suitably placed) as will prevent danger, so far as is reasonably practicable.
Earthing or other suitable precautions (regulation 8)
Precautions shall be taken, either by earthing or other suitable means, to prevent danger arising when any conductor (other than a circuit conductor) that may, reasonably foreseeably, become charged as a result of either the use of the system or a fault in a system becomes so charged. Also, for the purposes of complying with this regulation, a conductor shall be regarded as earthed when it is connected to the general mass of earth by conductors of sufficient strength and current-carrying capability to discharge electrical energy to earth.
Integrity of referenced conductors (regulation 9)
If a circuit conductor is connected to earth or to any other reference point, nothing that might reasonably be expected to give rise to danger by breaking the electrical continuity or introducing high impedance shall be placed in that conductor unless suitable precautions are taken to prevent danger.
Connections (regulation 10)
Where necessary to prevent danger, every joint and connection in a system shall be mechanically and electrically suitable for use.
The means for protecting from excess current (regulation 11)
Efficient means, suitably located, shall be provided for protecting every part of a system from excess current as may be necessary to prevent danger.
The means for cutting off the supply and for isolation (regulation 12)
Where necessary, to prevent danger, suitable means (including, where appropriate, methods of identifying circuits) shall be available for:
• cutting off the supply of electrical energy to any electrical equipment
• the isolation of any electrical equipment.
Isolation here means the disconnection and separation of the electrical equipment from every source of electrical energy in such a way that this disconnection and separation is secure.
These means shall not apply to electrical equipment that is itself a source of electrical energy, but, in such a case, as is necessary, precautions shall be taken to prevent danger, so far as is reasonably practicable.
Precautions for work on equipment made dead (regulation 13)
Adequate precautions shall be taken to prevent electrical equipment that has been made dead in order to prevent danger while work is carried out on or near that equipment from becoming electrically charged during that work if danger may arise as a result.
Work on or near live conductors (regulation 14)
No one shall be engaged in any work activity on or so near any live conductor (other than one suitably covered with insulating material so as to prevent danger) such that danger may arise unless:
• it is unreasonable in all circumstances for it to be dead
• it is reasonable in all circumstances for the person concerned to be at work on or near it while it is live
• suitable precautions (including, where necessary, the provision of suitable protective equipment) are taken to prevent injury.
Working space, access and lighting (regulation 15)
For the purposes of enabling injury to be prevented, adequate working space, adequate means of access and adequate lighting shall be provided at all electrical equipment on which, or near which, work is being done in curcumstances that may give rise to danger.
People to be competent to prevent danger and injury (regulation 16)
No one shall be engaged in any work activity where technical knowledge or experience is necessary to prevent danger or, where appropriate, injury, unless they possess such knowledge or experience, or are under such degree of supervision as may be appropriate, having regard to the nature of the work.
Part III: Regulations applying only to mines
Part III of the regulations makes specific provision for electrical safety in mines.
Part IV: Miscellaneous and general
Regulation 29 defence
In any proceedings for an offence consisting of a contravention of regulations 4(4), 5, 8, 9, 10, 11, 12, 13, 14, 15, 16 or 25, it shall be a defence for any person to prove that they took all reasonable precautions and exercised all due diligence to avoid the commission of that offence.
IEE Regulations (the wiring regulations)
These regulations are produced by the Institution of Electrical Engineers as a code of best practice. They establish safety standards for people who design and work with electrical installations, e.g. designers, installers, erectors and testers of both permanent and temporary installations.
Designed to protect employees and people generally from the hazards associated with electricity, the regulations apply only to installations operating at up to 1000 volts AC. They emphasise the needs for sound standards of workmanship and the competence of operators, and the use of suitable and correct materials to the relevant standard/specification.
The regulations define:
• extra-low voltage – not exceeding 50 volts AC or 120 volts DC;
• low voltage – exceeding extra low but not over 1000 volts AC or 1500 volts DC between conductors, or 600 volts AC or 900 volts DC between conductors and earth.
They also provide guidance on factors which installation designers must consider including the purpose of the installation, any external influences, maintainability, maximum demand, the number of conductors, earthing arrangements, type of supply and possible future extensions to the installation.
Extensive guidance is provided on methods of protection against the hazards of shock, fire, burns and excess current.
The selection and erection of equipment to ensure fitness for the purpose is an important feature of the regulations.
Procedures for inspection and testing to ensure an installation is safe, including the necessity for undertaking tests in a certain order to identify faults before an installation is energised by the supply are further incorporated in the regulations.