Control of Substances Hazardous to Health Regulations 1994
| Jurisdiction | UK Non-devolved |
| Citation | SI 1994/3246 |
| Year | 1994 |
1994 No. 3246
HEALTH AND SAFETY
The Control of Substances Hazardous to Health Regulations 1994
Made 12th December 1994
Laid before Parliament 22th December 1994
Coming into force 16th January 1995
The Secretary of State being the Minister designated1for the purpose of section 2(2) of the European Communities Act 19722in relation to the abolition of restrictions on the import or export of goods, in the exercise of the powers conferred on him by the said section 2(2) and sections 15(1), (2), (3)(a) and (b), (4), (5)(b), (6)(b) and (9), 52(2) and (3) and 82(3)(a) of, and paragraphs 1(1) and (2), 2, 3(1), 6(1), 8, 9, 11, 13(1) and (3), 14, 15(1) and 16 of Schedule 3 to, the Health and Safety at Work etc.Act 19743(“the 1974 Act”) and of all other powers enabling him in that behalf and for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Control of Substances Hazardous to Health Regulations 1994 and shall come into force on 16th January 1995.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires—
“the 1974 Act” means the Health and Safety at Work etc.Act 1974;
“the Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 19934and adopted as respects Great Britain by the European Economic Area Act 19935;
“approved” means approved for the time being in writing;
“approved supply list” has the meaning assigned to it in regulation 4(1) of the Chemicals (Hazard Information and Packaging) Regulations 19936;
“biological agent” means any micro-organism, cell culture, or human endoparasite, including any which have been genetically modified, which may cause any infection, allergy, toxicity or otherwise create a hazard to human health;
“carcinogen” means—
(a) any substance or preparation which if classified in accordance with the classification provided for by regulation 5 of the Chemicals (Hazard Information and Packaging) Regulations 1993 would be in the category of danger, carcinogenic (category 1) or carcinogenic (category 2) whether or not the substance or preparation would be required to be classified under those Regulations; or
(b) any substance or preparation—
(i) listed in Schedule 8; and
(ii) any substance or preparation arising from a process specified in Schedule 8 which is a substance hazardous to health;
“the Executive” means the Health and Safety Executive;
“fumigation” means an operation in which a substance is released into the atmosphere so as to form a gas to control or kill pests or other undesirable organisms and “fumigate” and “fumigant” shall be construed accordingly;
“maximum exposure limit” for a substance hazardous to health means the maximum exposure limit for that substance set out in Schedule 1 in relation to the reference period specified therein when calculated by a method approved by the Health and Safety Commission;
“member State” means a State which is a Contracting Party to the Agreement, but until the Agreement comes into force in relation to Liechenstein does not include the State of Liechenstein;
“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 Health and Safety Commission for that substance in relation to the specified reference period when calculated by a method approved by the Health and Safety Commission;
“registered dentist” has the meaning assigned to it in section 53(1) of the Dentists Act 19847;
“registered medical practitioner” means a fully registered person within the meaning of the Medical Act 19838;
“substance” means any natural or artificial substance whether in solid or liquid form or in the form of a gas or vapour (including micro-organisms);
“substance hazardous to health” means any substance (including any preparation) which is—
(a) a substance which is listed in Part 1 of the approved supply list as dangerous for supply within the meaning of the Chemicals (Hazard Information and Packaging) Regulations 1993 and for which an indication of danger specified for the substance in Part V of that list is very toxic, toxic, harmful, corrosive or irritant;
(b) a substance specified in Schedule 1 (which lists substances assigned maximum exposure limits) or for which the Health and Safety Commission has approved an occupational exposure standard;
(c) a biological agent;
(d) dust of any kind, when present at a substantial concentration in air;
(e) a substance, not being a substance mentioned in sub-paragraphs (a) to (d) above, which creates a hazard to the health of any person which is comparable with the hazards created by substances mentioned in those sub-paragraphs.
(2) In these Regulations, any reference to an employee being exposed to a substance hazardous to health is a reference to the exposure of that employee to a substance hazardous to health arising out of or in connection with work which is under the control of his employer.
(3) In these Regulations, unless the context otherwise requires—
(a)
(a) a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and
(b)
(b) a reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which that reference appears.
Duties under these Regulations
3.—(1) Where any 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 the duties of the employer—
(a)
(a) under regulation 11 (health surveillance) shall not extend to persons who are not his employees; and
(b)
(b) under regulations 10 and 12(1) and (2) (which relate respectively to monitoring and information, training etc.) shall not extend to persons who are not his employees, unless those persons are on the premises where the work is being carried on.
(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, except that regulations 10 and 11 shall not apply to a self-employed person.
(3) The duties imposed by these Regulations shall not extend to the master or crew of a sea-going ship or to the employer of such persons in relation to the normal shipboard activities of a ship’s crew under the direction of the master.
Prohibitions relating to certain substances
4.—(1) 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.
(2) The importation into the United Kingdom, other than from another member State, of the following substances and articles is prohibited, namely—
(a)
(a) 2-naphthylamine, benzidine, 4-aminodiphenyl, 4-nitrodiphenyl, their salts and any substance containing any of those compounds in a total concentration equal to or greater than 0.1 per cent. by mass;
(b)
(b) matches made with white phosphorus,
and any contravention of this paragraph shall be punishable under the Customs and Excise Management Act 19799 and not as a contravention of a health and safety regulation.
(3) A person shall not supply during the course of or for use at work any substance or article specified in paragraph (2).
(4) A person shall not supply during the course of or for use at work, benzene or any substance containing benzene unless its intended use is not prohibited by item 11 of Schedule 2.
Application of regulations 6 to 12
5.—(1) Regulations 6 to 12 shall have effect with a view to protecting persons against risks to their health, whether immediate or delayed, arising from exposure to substances hazardous to health except—
(a)
(a) where and to the extent that the following Regulations apply, namely—
(i) the Control of Lead at Work Regulations 198010,
(ii) the Control of Asbestos at Work Regulations 198711;
(b)
(b) where the substance is hazardous to health solely by virtue of its radioactive, explosive or flammable properties, or solely because it is at a high or low temperature or a high pressure;
(c)
(c) where the risk to health is a risk to the health of a person to whom the substance is administered in the course of his medical treatment;
(d)
(d) below ground in any mine within the meaning of section 180 of the Mines and Quarries Act 195412.
(2) In paragraph 1(c) “medical treatment” means medical or dental examination or treatment which is conducted by, or under the direction of, a registered medical practitioner or registered dentist and includes any such examination, treatment or administration of any substance conducted for the purpose of research.
(3) Nothing in these Regulations shall prejudice any requirement imposed by or under any enactment relating to public health or the protection of the environment.
Assessment of health risks created by work involving substances hazardous to health
6.—(1) An employer shall not carry on any 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 risks created by that work to the health of those...
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