Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003

• (a) any offshore installation and any activity on it;

• (b) any activity in connection with an offshore installation, or any activity which is immediately preparatory thereto, whether carried on from the installation itself, in or from a vessel or in any other manner, other than–

• (i) transporting, towing or navigating the installation; and

• (ii) any activity in or from a vessel being used as a stand-by vessel;

• (c) a diving operation involving–

• (i) the survey and preparation of the sea bed for an offshore installation;

• (ii) the survey and restoration of the sea bed consequent on the removal of an offshore installation.

• (2) Subject to sub-paragraph (3), in this Schedule, “offshore installation” means a structure which is, or is to be, or has been, used while standing or stationed in water, or on the foreshore or other land intermittently covered with water–

• (a) for the exploitation, or exploration with a view to exploitation, of mineral resources by means of a well;

• (b) for the storage of gas in or under the shore or bed of any water or the recovery of gas so stored;

• (c) for the conveyance of things by means of a pipe; or

• (d) mainly for the provision of accommodation for persons who work on or from a structure falling within any of the provisions of this sub-paragraph,

together with any supplementary unit which is ordinarily connected to it, and all the connections.

• (3) Any reference in sub-paragraph (2) to a structure or unit does not include–

• (a) a structure which is connected with dry land by a permanent structure providing access at all times and for all purposes;

• (b) a well;

• (c) a structure which has ceased to be used for any of the purposes specified in sub-paragraph (2) and has since been used for a purpose not so specified;

• (d) a mobile structure which has been taken out of use and is not yet being moved with a view to its being used for any of the purposes specified in sub-paragraph (2); and

• (e) any part of a pipeline.

Wells

3

• (1) Subject to sub-paragraph (2), this paragraph applies to and in relation to–

• (a) a well and any activity in connection with it; and

• (b) an activity which is immediately preparatory to any activity in sub-paragraph (a).

• (2) Sub-paragraph (1) includes keeping a vessel on station for the purpose of working on a well but otherwise does not include navigation or an activity connected with navigation.

Pipelines

4

• (1) This paragraph applies to and in relation to–

• (a) any pipeline;

• (b) any pipeline works;

• (c) the following activities in connection with pipeline works–

• (i) the loading, unloading, fuelling or provisioning of a vessel;

• (ii) the loading, unloading, fuelling, repair and maintenance of an aircraft in a vessel,

being in either case a vessel which is engaged in pipeline works.

• (2) In this paragraph–

• “pipeline” means a pipe or system of pipes for the conveyance of any thing, together with– any apparatus for inducing or facilitating the flow of any thing through, or through part of, the pipe or system; any apparatus for treating or cooling any thing which is to flow through, or through part of, the pipe or system; valves, valve chambers and similar works which are annexed to, or incorporated in the course of, the pipe or system; apparatus for supplying energy for the operation of any such apparatus or works as are mentioned in heads (a) to (c); apparatus for the transmission of information for the operation of the pipe or system; apparatus for the cathodic protection of the pipe or system; and a structure used or to be used solely for the support of a part of the pipe or system; but not including a pipeline of which no initial or terminal point is situated in the United Kingdom, within the territorial sea adjacent to the United Kingdom, or within a designated area;

• “pipeline works” means– assembling or placing a pipeline or length of pipeline including the provision of internal or external protection for it; inspecting, testing, maintaining, adjusting, repairing, altering or renewing a pipeline or length of pipeline; changing the position of or dismantling or removing a pipeline or length of pipeline; opening the bed of the sea for the purposes of the works mentioned in heads (a) to (c), and tunnelling or boring for those purposes; any activities incidental to the activities described in heads (a) to (d); a diving operation in connection with any of the works mentioned in heads (a) to (e) or for the purpose of determining whether a place is suitable as part of the site of a proposed pipeline and the carrying out of surveying operations for settling the route of a proposed pipeline.

Mines

5

This paragraph applies to and in relation to a mine within the territorial sea or extending beyond it, and any activity in connection with it, while it is being worked.

Other activities

6

• (1) Subject to paragraph (2), this paragraph applies to and in relation to–

• (a) the construction, reconstruction, alteration, repair, maintenance, cleaning, use, operation, demolition and dismantling of any building, energy structure or other structure, not being in any case a vessel, or any preparation for any such activity;

• (b) the transfer of people or goods between a vessel or aircraft and a structure (including a building) mentioned in head (a);

• (c) the loading, unloading, fuelling or provisioning of a vessel;

• (d) a diving operation;

• (e) the construction, reconstruction, finishing, refitting, repair, maintenance, cleaning or breaking up of a vessel except when carried out by the master or any officer or member of the crew of that vessel;

• (f) the maintaining on a station of a vessel which would be an offshore installation were it not a structure to which paragraph 2(3)(d) applies;

• (g) the operation of a cable for transmitting electricity from an energy structure to shore;

• (h) the transfer of people or goods between a vessel or aircraft and a structure mentioned in head (f).

• (2) This paragraph shall not apply–

• (a) to a case where paragraph 2, 3, 4 or 5 applies; or

• (b) to vessels which are registered outside the United Kingdom and are on passage through the territorial sea.

Signed

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 24th January 2003.

Michael J. Bohill — A senior officer of the — Department of Enterprise, Trade and Investment

Explanatory note

(This note is not part of the Regulations.)

1 These Regulations revoke and re-make, with amendments, the Control of Substances Hazardous to Health Regulations (Northern Ireland) 2000 (S.R. 2000 No. 120) (“the 2000 Regulations”). The 2000 Regulations imposed duties on employers to protect employees and other persons who may be exposed to substances hazardous to health and also imposed certain duties on employees concerning their own protection from such exposure.

2 The Regulations, with the exception of regulations 8, 9, 11(8), (10) and (11) and 14, implement as respects Northern Ireland– a Council Directive 78/610/EEC (O.J. No. L197, 22.7.78, p. 12) on the approximation of the laws, regulations and administrative provisions of the Member States on the protection of the health of workers exposed to vinyl chloride monomer; b point 3 of Article 1 of Council Directive 89/677/EEC (O.J. No. L398, 30.12.89, p. 19) amending for the 8th time the Marketing and Use Directive in so far as that point relates to the supply or use of benzene and substances containing benzene for such purposes; c Council Directive 90/394/EEC (O.J. No. L196, 26.7.90, p. 1) on the protection of workers from risks related to exposure to carcinogens at work (sixth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) insofar as it relates to carcinogens other than asbestos; d that part of Commission Directive 96/55/EC (O.J. No. L231, 12.9.96, p. 20) adapting to technical progress for the 2nd time Annex I to Council Directive 76/769/EEC (“the Marketing and Use Directive”) (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 supply of specified substances for use at work; e Council Directive 98/24/EC (O.J. No. L131, 5.5.98, p. 11) on the protection of the health and safety of workers from risks related to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) insofar as it relates to risks to health from exposure to substances other than asbestos or lead; and f Directive 2000/54/EC (O.J. No. L262, 17.10.2000, p. 21) of the European Parliament and of the Council on the protection of workers from risks related to exposure to biological agents at work (seventh individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC).

3 The Regulations are consistent with the provisions of Commission Directive 91/322/EEC (O.J. No. L177, 5.7.91, p. 22) on establishing indicative limit values by implementing Council Directive 80/1107/EEC on the protection of workers from risks related to exposure to chemical, physical and biological agents at work.

4 In addition to minor and drafting amendments, the Regulations make the following changes of substance– a include certain further definitions (regulation 2); b extend the matters to be considered when carrying out an assessment of the risk from exposure to substances hazardous to health (regulation 6); c detail the measures which the employer must take to prevent or adequately control the exposure of his employees to substances hazardous to health (regulation 7); d provide for further duties in respect of care and decontamination of personal protective equipment (regulation 9); e provide for the keeping of an individual record of air monitoring where an employee is required to be under health surveillance (regulation 10); f extend the duties on employers with respect to health surveillance where an employee is found to have an identifiable disease or adverse health effect caused by exposure to a substance hazardous to health (regulation 11); g introduce a duty to ensure that the contents of containers and pipes for substances hazardous to health used at work are clearly identifiable (regulation 12(5)); h introduce a duty on the employer to prepare procedures, provide information and establish warning systems to deal with an emergency in the workplace related to the presence of a substance hazardous to health (regulation 13); and i apply the extension to the meaning of “work” in Part II of the Health and Safety at Work (Northern Ireland) Order 1978 to all Group 2, 3 or 4 biological agents and transfer certain provisions relating to biological agents which had been in Schedule 3 to the 2000 Regulations to regulations 7 and 12.

5 Copies of the publications mentioned in the Regulations are obtainable as follows– a a list of the maximum exposure limits and occupational exposure standards which the Health and Safety Executive for Northern Ireland has approved is available in the publication EH40, Occupational Exposure Limits obtainable from HSE Books, PO Box 1999, Sudbury, Suffolk CO10 2WA; and b British Standard BS EN 481 1993, referred to in regulation 2(1), relating to workplace atmospheres is obtainable from the British Standards Institution, BSI House, 389 Chiswick High Road, London, W4 4AL.

6 The numbers assigned to substances by the Chemical Abstract Service and referred to in Schedule 2 are given in the CAS Registry Handbook, ISSN 0093-058X, which may be inspected at the Royal Society of Chemistry, Burlington House, Piccadilly, London W1V 0BN. Details of how to obtain copies of the handbook on microfilm or microfiche may be obtained from the CAS customer website at: http://www.cas.org/Support/custserv.html.

7 In Great Britain, the corresponding Regulations are the Control of Substances Hazardous to Health Regulations 2002 (S.I. 2002/2175). Copies of the Regulatory Impact Assessment relating to those Regulations together with a Northern Ireland Supplement are held at the offices of the Health and Safety Executive for Northern Ireland at 83 Ladas Drive, Belfast BT6 9FR from where copies may be obtained on request.

8 A person who contravenes these Regulations or any requirement or prohibition imposed thereunder, is guilty of an offence under Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978 and is liable, on summary conviction, to a fine not exceeding the statutory maximum (currently £5,000) or, on conviction on indictment, to a fine.

Footnotes

[^f00001]: Formerly the Department of Economic Development; see S.I. 1999/283 (N.I. 1), Article 3(5)

[^f00002]: See Article 2(2) of S.I. 1978/1039 (N.I. 9)

[^f00003]: Article 17 must be read with S.I. 1992/1728 (N.I. 17), Articles 3(2) and 4(2)

[^f00004]: S.I. 1978/1039 (N.I. 9); the general purposes of Part II referred to in Article 17(1) were extended by S.I. 1992/1728 (N.I. 17), Articles 3(1) and 4(1). Article 47A was inserted by Article 3, and Article 2 was amended by Articles 4 and 8, of S.I. 1997/1774 (N.I. 16)

[^f00005]: Article 13(1) was substituted by S.I. 1998/2795 (N.I. 18), Article 4

[^f00006]: Article 46(3) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1, paragraphs 8 and 18

[^f00007]: S.R. 2002 No. 301

[^f00008]: 1969 c. 6 (N.I.)

[^f00009]: S.I. 1995/2994 (N.I. 18)

[^f00010]: 1984 c. 24

[^f00011]: 1983 c. 54

[^f00012]: S.R. 2003 No. 35

[^f00013]: S.R. 2003 No. 33

[^f00014]: 1968 c. 67

[^f00015]: S.I. 2002/1144

[^f00016]: S.R. 2000 No. 388

[^f00017]: 1952 c. 67

[^f00018]: S.I. 1999/1736

[^f00019]: S.R. 2000 No. 120

[^f00020]: S.R. 2000 No. 388

[^f00021]: S.I. 1996/2925

[^f00022]: 1968 c. 67

[^f00023]: The order-making power conferred by sections 104 and 105 of the Medicines Act 1968 was extended as respects Northern Ireland by section 134 of, and Schedule 4 to, that Act

[^f00024]: S.R. 2001 No. 295

[^f00025]: 1964 c. 29; section 1 was amended by the Oil and Gas (Enterprise) Act 1982 (1982 c. 23), Schedule 3, paragraph 1

[^f00026]: S.R. 1994 No. 146