Control of Substances Hazardous to Health (Amendment) Regulations (Northern Ireland) 1999

Made: 29th January 1999

Coming into operation: 15th March 1999

The Department of Economic Development, being the Department concerned[^f00001], in exercise of the powers conferred on it by Article 17(1), (2) and (4) of, and paragraph 1(1) of Schedule 3 to, the Health and Safety at Work (Northern Ireland) Order 1978[^f00002] and of every other power enabling it in that behalf, after consultation in accordance with Article 46(1) of that Order with the Health and Safety Agency for Northern Ireland and such other bodies as appeared to the Department to be appropriate, hereby makes the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Control of Substances Hazardous to Health (Amendment) Regulations (Northern Ireland) 1999 and shall come into operation on 15th March 1999.

Amendment of the Control of Substances Hazardous to Health Regulations (Northern Ireland) 1995

2

• (1) The Control of Substances Hazardous to Health Regulations (Northern Ireland) 1995[^f00003] shall be amended in accordance with paragraphs (2) to (4).

• (2) In Schedule 1 (List of substances assigned maximum exposure limits) after the words “Vinylidene chloride” in the first column, there shall be inserted, in that column, the words “(1, 1-Dichloroethylene)”.

• (3) For Schedule 2 (Prohibition of certain substances hazardous to health for certain purposes) there shall be substituted the Schedule set out in the Schedule to these Regulations.

• (4) In Schedule 8 (Other substances and processes to which the definition of “carcinogen” relates), in the entry relating to “mustard gas”, for the words “B,B'Dichlorodiethyl” there shall be substituted the words “β, β'-Dichlorodiethyl”.

SCHEDULE

Signed

Sealed with the Official Seal of the Department of Economic Development on

R. G. F. Fry — Assistant Secretary — 29th January 1999.

Explanatory note

(This note is not part of the Regulations.)

1 These Regulations implement, as regards Northern Ireland, that part of Commission Directive No. 96/55/EC (O.J. No. L231, 12.9.96, p. 20) adapting to technical progress for the second time Annex I to Council Directive No. 76/769/EEC (O.J. No. L262, 27.9.76, p. 201) on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations which relates to the supply of specified substances for use at work. They do so by amending the Control of Substances Hazardous to Health Regulations (Northern Ireland) 1995 (S.R. 1995 No. 51 as amended by S.R. 1995 No. 60 and S.R. 1998 No. 67) (COSHH).

2 The Regulations amend the entry for vinylidene chloride in Schedule 1 (List of substances assigned maximum exposure limits) to COSHH to include an alternative name (“1,1-Dichloroethylene”) for that substance (regulation 2(2)).

3 The Regulations substitute, for Schedule 2 (Prohibition of certain substances hazardous to health for certain purposes) to COSHH, the revised Schedule 2 set out in the Schedule to these Regulations. The main changes are: a in column 1, at item 3, named substances whose use as a parting material in connection with the making of metal castings is not prohibited are specified; b in column 1, after item 5, additional items 6 and 7 have been inserted specifying purposes for which the use of ground or powdered flint or quartz other than natural sand is prohibited; c former items 6, 7 and 8 have been renumbered as items 8, 9 and 10; d former item 9 has been renumbered item 11 and sub-paragraph (b) thereof has been amended to include references to European Council Directives Nos. 91/156/EEC (O.J. No. L78, 26.3.91, p. 32) and 91/689/EEC (O.J. No. L377, 31.12.91, p. 20) which amend Council Directive No. 75/442/EEC (O.J. No. L194, 25.7.75, p. 39) which approximates the laws, regulations and administrative provisions of the Member States relating to waste disposal; e a new item 12 has been inserted which adds to the list of those substances hazardous to health whose use is prohibited for specified purposes certain chlorinated solvents whose supply for use at work in diffusive applications is prohibited (regulation 2(3)).

4 The Regulations correct an error in Schedule 8 (Other substances and processes to which the definition of “carcinogen” relates to COSHH, in the chemical name of mustard gas by substituting for the words “B,B9Dichlorodiethyl” the words “b, b9-Dichlorodiethyl” (regulation 2(4)).

Footnotes

[^f00001]: See Article 2(2) of S.I. 1978/1039 (N.I. 9)

[^f00002]: S.I. 1978/1039 (N.I. 9)

[^f00003]: S.R. 1995 No. 51 as amended by S.R. 1995 No. 60 and S.R. 1998 No. 67

[^f00004]: S.I. 1996/2925 to which there are amendments not relevant to these Regulations

[^f00005]: 1968 c. 67