The Control of Substances Hazardous to Health Regulations 1988

Made: 26th September 1988

Laid before Parliament: 12th October 1988

Coming into force: 1st October 1989

The Secretary of State, in the exercise of the powers conferred on him by sections 15(1), (2), (3)(a), (4), (5)(b), (6)(b) and (9) and 82(3)(a) of, and paragraphs 1(1) and (2), 2, 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 1974[^f00001] (“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 1988 and shall come into force on 1st October 1989.

Interpretation

2

• (1) In these Regulations, unless the context otherwise requires—

• “the 1974 Act” means the Health and Safety at Work etc. Act 1974;

• “approved” means approved for the time being in writing by the Health and Safety Commission or the Health and Safety Executive as the case may be;

• “approved list” means the list published by the Health and Safety Commission entitled “Information Approved for the Classification, Packaging and Labelling of Dangerous Substances (2nd edition)” as revised or re-issued from time to time;

• “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;

• “micro-organism” includes any microscopic biological entity which is capable of replication;

• “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;

• “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 substance which is listed in Part 1A of the approved list as dangerous for supply within the meaning of the Classification, Packaging and Labelling Regulations 1984[^f00002] and for which the general indication of nature of risk is specified as very toxic, toxic, harmful, corrosive or irritant; a substance for which a maximum exposure limit is specified in Schedule 1 or for which the Health and Safety Commission has approved an occupational exposure standard; a micro-organism which creates a hazard to the health of any person; dust of any kind, when present at a substantial concentration in air; 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 reference to a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and

• (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) under regulation 11 (health surveillance) shall not extend to persons who are not his employees; and

• (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 of the following substances and articles is prohibited, namely—

• (a) 2-naphthylamine, benzidine, 4—aminodiphenyl, 4—nitrodiphenyl, their salts and any substance containing any of those compounds in a total concentration exceeding 0.1 per cent.;

• (b) matches made with white phosphorus,

and any contravention of this paragraph shall be punishable under the Customs and Excise Management Act 1979[^f00003] 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 the importation of which is prohibited by paragraph (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) where and to the extent that the following Regulations apply, namely—

• (i) the Control of Lead at Work Regulations 1980[^f00004],

• (ii) the Control of Asbestos at Work Regulations 1987[^f00005];

• (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) 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) below ground in any mine within the meaning of section 180 of the Mines and Quarries Act 1954[^f00006].

• (2) In paragraph 1(c) “medical treatment” means medical or dental examination or treatment which is conducted under the direction of a registered medical or dental practitioner 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) Subject to regulation 17(1) (which relates to transitional provisions), 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 employees and of the steps that need to be taken to meet the requirements of these Regulations.

• (2) The assessment required by paragraph (1) shall be reviewed forthwith if—

• (a) there is reason to suspect that the assessment is no longer valid; or

• (b) there has been a significant change in the work to which the assessment relates,

and, where as a result of the review, changes in the assessment are required, those changes shall be made.

Prevention or control of exposure to substances hazardous to health

7

• (1) 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.

• (2) So far as is reasonably practicable, the prevention or adequate control of exposure of employees to a substance hazardous to health shall be secured by measures other than the provision of personal protective equipment.

• (3) Where the measures taken in accordance with paragraph (2) do not prevent, or provide adequate control of, exposure to substances hazardous to the health of employees, then, in addition to taking those measures, the employer shall provide those employees with such suitable personal protective equipment as will adequately control their exposure to substances hazardous to health.

• (4) Where there is exposure to a substance for which a maximum exposure limit is specified in Schedule 1, the 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.

• (5) Without prejudice to the generality of paragraph (1), where there is exposure to a substance for which an occupational exposure standard has been approved, the control of exposure shall, so far as the inhalation of that substance is concerned, be treated as being adequate if—

• (a) that occupational exposure standard is not exceeded; or

• (b) 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.

• (6) Subject to regulation 17(2) (which relates to transitional provisions), where respiratory protective equipment is provided in pursuance of this regulation, then it shall—

• (a) be suitable for the purpose; and

• (b) be of a type approved or shall conform to a standard approved, in either case, by the Health and Safety Executive.

• (7) 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 and “adequately” shall be construed accordingly.

Use of control measures etc.

8

• (1) Every employer who provides any control measure, personal protective equipment or other thing or facility pursuant to these regulations shall take all reasonable steps to ensure that it is properly used or applied as the case may be.

• (2) Every employee shall make full and proper use of any control measure, personal protective equipment or other thing or facility provided pursuant to these regulations and, if he discovers any defect therein, he shall report it forthwith to his employer.

Maintenance, examination and test of control measures etc.

9

• (1) Every employer who provides any control measure to meet the requirements of regulation 7 shall ensure that it is maintained in an efficient state, in efficient working order and in good repair.

• (2) Subject to regulation 17(3) (which relates to transitional provisions), where engineering controls are provided to meet the requirements of regulation 7, the employer shall ensure that thorough examinations and tests of those engineering controls are carried out—

• (a) 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 3, at the interval specified in the corresponding entry in column 2 of that Schedule;

• (b) in any other case, at suitable intervals.

• (3) Where respiratory protective equipment (other than disposable respiratory protective equipment) is provided to meet the requirements of regulation 7, the employer shall ensure that at suitable intervals thorough examinations and, where appropriate, tests of that equipment are carried out.

• (4) Every employer shall keep a suitable record of the examinations and tests carried out in pursuance of paragraphs (2) and (3) and of any 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.

Monitoring exposure at the workplace

10

• (1) In any case in which—

• (a) it is requisite for ensuring the maintenance of adequate control of the exposure of employees to substances hazardous to health; or

• (b) it is otherwise requisite for protecting the health of employees,

the employer shall ensure that the exposure of employees to substances hazardous to health is monitored in accordance with a suitable procedure.

• (2) Where a substance or process is specified in column 1 of Schedule 4, monitoring shall be carried out at the frequency specified in the corresponding entry in column 2 of that Schedule.

• (3) The employer shall keep a suitable record of any monitoring carried out for the purpose of this regulation and that record or a suitable summary thereof shall be kept available—

• (a) where the record is representative of the personal exposures of identifiable employees, for at least 30 years;

• (b) in any other case, for at least 5 years.

Health surveillance

11

• (1) 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.

• (2) Health surveillance shall be treated as being appropriate where—

• (a) the employee is exposed to one of the substances and is engaged in a process specified in Schedule 5, unless that exposure is not significant; or

• (b) 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 the effect.

• (3) The employer shall ensure that a health record, containing particulars approved by the Health and Safety Executive, in respect of each of his employees to whom paragraph (1) relates is made and maintained and that that record or a copy thereof is kept in a suitable form for at least 30 years from the date of the last entry made in it.

• (4) Where an employer who holds records in accordance with paragraph (3) ceases to trade, he shall forthwith notify the Health and Safety Executive thereof in writing and offer those records to the Executive.

• (5) Subject to regulation 17(4) (which relates to transitional provisions), if an employee is exposed to a substance specified in Schedule 5 and is engaged in a process specified therein, the health surveillance required under paragraph (1) shall include medical surveillance under the supervision of an employment medical adviser or appointed doctor at intervals of not more than 12 months or at such shorter intervals as the employment medical adviser or appointed doctor may require.

• (6) Where an employee is subject to medical surveillance in accordance with paragraph (5) and an employment medical adviser or appointed doctor has certified 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 an employment medical adviser or appointed doctor.

• (7) Where an employee is subject to medical surveillance in accordance with paragraph (5) and an employment medical adviser or appointed doctor has certified by an entry in his health record that medical surveillance should be continued after his exposure to that substance has ceased, the employer shall ensure that the medical surveillance of that employee is continued in accordance with that entry while he is employed by the employer, unless that entry has been cancelled by an employment medical adviser or appointed doctor.

• (8) On reasonable notice being given, the employer shall allow any of his employees access to the health record which relates to him.

• (9) 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 employment medical adviser or appointed doctor with such information concerning his health as the employment medical adviser or appointed doctor may reasonably require.

• (10) Where, for the purpose of carrying out his functions under these regulations, an employment medical adviser or appointed doctor requires to inspect any workplace or any record kept for the purposes of these Regulations, the employer shall permit him to do so.

• (11) Where an employee or an employer is aggrieved by a decision recorded in the health record by an employment medical adviser or appointed 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 Executive 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 Health and Safety Commission, 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.

• (12) In this regulation—

• “appointed doctor” means a fully registered medical practitioner who is appointed for the time being in writing by the Health and Safety Executive for the purposes of this regulation;

• “employment medical adviser” means an employment medical adviser appointed under section 56 of the 1974 Act;

• “health surveillance” includes biological monitoring.

Information, instruction and training for persons who may be exposed to substances hazardous to health

12

• (1) An employer who undertakes work which may expose any of his employees to substances hazardous to health shall provide that employee with such information, instruction and training as is suitable and sufficient for him to know—

• (a) the risks to health created by such exposure; and

• (b) the precautions which should be taken.

• (2) Without prejudice to the generality of paragraph (1), the information provided under that paragraph shall include—

• (a) information on the results of any monitoring of exposure at the workplace in accordance with regulation 10 and, in particular, in the case of any substance hazardous to health specified in Schedule 1, the employee or his representatives shall be informed forthwith, if the results of such monitoring show that the maximum exposure limit has been exceeded; and

• (b) information on the collective results of any health surveillance undertaken in accordance with regulation 11 in a form calculated to prevent it from being identified as relating to any particular person.

• (3) Every employer shall ensure that any person (whether or not his employee) who carries out any work in connection with the employer’s duties under these regulations has the necessary information, instruction and training.

Provisions relating to certain fumigations

13

• (1) This regulation shall apply to fumigations in which the fumigant used or intended to be used is hydrogen cyanide, ethylene oxide, phosphine or methyl bromide, except that this regulation shall not apply to fumigations using the fumigant specified in column 1 of Schedule 6 when the nature of the fumigation is that specified in the corresponding entry in column 2 of that Schedule.

• (2) An employer shall not undertake any fumigation to which this regulation applies unless he has—

• (a) notified the persons specified in Part I of Schedule 7 of his intention to undertake the fumigation; and

• (b) provided to those persons the information specified in Part II of that Schedule,

at least 24 hours in advance, or such shorter time in advance, as the persons required to be notified may agree.

• (3) An employer who undertakes a fumigation to which this regulation applies shall ensure that, before the fumigant is released, suitable warning notices have been affixed at all points of reasonable access to the premises or to those parts of the premises in which the fumigation is to be carried out and that after the fumigation has been completed, and the premises are safe to enter, those warning notices are removed.

Exemption certificates

14

• (1) Subject to paragraph (2) and to any of the provisions imposed by the European Communities in respect of the protection of workers from the risks related to exposure to chemical, physical and biological agents at work, the Executive may, by a certificate in writing, exempt any person or class of persons or any substance or class of substances from all or any of the requirements or prohibitions imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time.

• (2) The Executive shall not grant any such exemption unless having regard to the circumstances of the case and, in particular, to—

• (a) the conditions, if any, which it proposes to attach to the exemption; and

• (b) any other requirements imposed by or under any enactments which apply to the case,

it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.

Extension outside Great Britain

15

These Regulations shall apply to any work outside Great Britain to which sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of Article 7 of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1977[^f00007] as they apply to work in Great Britain.

Defence in proceedings for contravention of these Regulations

16

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.

Transitional provisions

17

• (1) Where work which is liable to expose employees to substances hazardous to health was commenced before 1st October 1989 or within 3 months after that date, it shall be a sufficient compliance with regulation 6(1) if the assessment required by that regulation is made before 1st January 1990.

• (2) Until 1st January 1990, respiratory protective equipment required to be approved in accordance with regulation 7(6) need not be so approved, but until that date any such equipment which was required to be approved under any regulation revoked by these Regulations shall be approved in accordance with those Regulations or in accordance with the said regulation 7(6).

• (3) Where, in respect of the engineering controls to which regulation 9(2) applies, immediately before 1st October 1989 local exhaust ventilation plant was required to be thoroughly examined and tested under any of the relevant statutory provisions then in force, the first thorough examination and test under regulation 9(2) shall not be required until the date on which it would have next been required under the former provision had that provision not been revoked.

• (4) Where, in respect of an employee to whom regulation 11(1) applies, immediately before 1st October 1989 the employee was subject to health surveillance under any of the relevant statutory provisions then in force, he shall not be required to be medically examined for the first time under regulation 11(5) until the date on which he would have next been required to be so examined under the former provision had that provision not been revoked.

Modifications relating to the Ministry of Defence etc.

18

• (1) In this regulation, any reference to—

• (a) “visiting forces” is a reference to visiting forces within the meaning of any provision of Part I of the Visiting Forces Act 1952[^f00008]; and

• (b) “headquarters or organisation” is a reference to a headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964[^f00009].

• (2) The Secretary of State for Defence may, in the interests of national security, by a certificate in writing exempt—

• (a) Her Majesty’s Forces;

• (b) visting forces;

• (c) any member of a visiting force working in or attached to any headquarters or organisation; or

• (d) any person engaged in work involving substances hazardous to health, if that person is under the direct supervision of a representative of the Secretary of State for Defence,

from all or any of the requirements or prohibitions imposed by 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, except that, where any such exemption is granted, suitable arrangements shall be made for the assessment of the health risks created by the work involving substances hazardous to health and for adequately controlling the exposure to those substances of persons to whom the exemption relates.

• (3) Regulation 11(11) shall not apply in relation to—

• (a) Her Majesty’s Forces;

• (b) visiting forces; or

• (c) any member of a visiting force working in or attached to any headquarters or organisation.

Repeals, revocations and savings

19

• (1) The provisions of—

• (a) the Mines and Quarries Act 1954[^f00010] specified in column 1 of Part I of Schedule 8; and

• (b) the Factories Act 1961[^f00011] specified in column 1 of Part II of Schedule 8,

are repealed to the extent set out in the entry opposite thereto in the corresponding entry in column 2 of the respective Part.

• (2) The Hydrogen Cyanide (Fumigation) Act 1937[^f00012] is repealed.

• (3) The regulations and orders specified in column 1 of Schedule 9 are revoked or, where expressly stated, modified to the extent set out in the entry opposite thereto in column 2 of that Schedule.

• (4) Any record or register required to be kept under any regulations or orders revoked by paragraph (3) shall, notwithstanding those revocations, be kept in the same manner and for the same period as if these Regulations had not been made, except that the Health and Safety Executive may approve the keeping of records at a place or in a form other than at the place where, or in the form in which, records were required to be kept under the regulations or orders so revoked.

SCHEDULE 1 — LIST OF SUBSTANCES ASSIGNED MAXIMUM EXPOSURE LIMITS

		Reference periods	Reference periods	Reference periods	Reference periods
		Long-term maximum exposure limit (8-hour TWA reference period)	Long-term maximum exposure limit (8-hour TWA reference period)	Short-term maximum exposure limit (10-minute reference period)	Short-term maximum exposure limit (10-minute reference period)
		ppm		ppm
Substance	Formula		mg m—³		mg m—³
* Limit relates to cyclohexane soluble material	* Limit relates to cyclohexane soluble material	* Limit relates to cyclohexane soluble material	* Limit relates to cyclohexane soluble material	* Limit relates to cyclohexane soluble material	* Limit relates to cyclohexane soluble material
† Vinyl chloride is also subject to an overriding annual maximum exposure limit of 3 ppm.	† Vinyl chloride is also subject to an overriding annual maximum exposure limit of 3 ppm.	† Vinyl chloride is also subject to an overriding annual maximum exposure limit of 3 ppm.	† Vinyl chloride is also subject to an overriding annual maximum exposure limit of 3 ppm.	† Vinyl chloride is also subject to an overriding annual maximum exposure limit of 3 ppm.	† Vinyl chloride is also subject to an overriding annual maximum exposure limit of 3 ppm.
Acrylonitrile	CH₂=CHCN	2	4	—	—
Arsenic & compounds, except arsine and lead arsenate (as As)	As	—	0.2	—	—
Buta—1, 3—diene	CH₂=CHCH=CH₂	10	—	—	—
2—Butoxyethanol	C₄H₉OCH₂CH₂OH	25	120	—	—
Cadmium & cadmium compounds, except cadmium oxide fume and cadmium sulphide pigments (as Cd)	Cd	—	0.05	—	—
Cadmium oxide fume (as Cd)	CdO	—	0.05	—	0.05
Cadmium sulphide pigments (respirable dust as Cd)	CdS	—	0.04	—	—
Carbon disulphide	CS₂	10	30	—	—
Dichloromethane	CH₂Cl₂	100	350	—	—
2,2'—Dichloro—4,4'—methylene dianiline (MbOCA)	CH₂(C₆H₃ClNH₂)₂	—	0.005	—	—
2—Ethoxyethanol	C₂H₅OCH₂CH₂OH	10	37	—	—
2—Ethoxyethyl acetate	C₂H₅OCH₂CH₂OOCCH₃L	10	54	—	—
Ethylene dibromide	BrCH₂CH₂Br	1	8	—	—
Ethylene oxide	CH₂CH₂O	5	10	—	—
Formaldehyde	HCHO	2	2.5	2	2.5
Hydrogen cyanide	HCN	—	—	10	10
Isocyanates, all (as—NCO)		—	0.02	—	0.07
Man-made mineral fibre		—	5	—	—
1—Methoxypropan—2—ol	CH₃OCH₂CHOHCH₃	100	360	—	—
2—Methoxyethanol	CH₃OCH₂CH₂OH	5	16	—	—
2—Methoxyethyl acetate	CH₃COOCH₂CH₂OCH₃	5	24	—	—
Rubber Process Dust		—	8	—	—
[^f01000]Rubber Fume		—	0.75	—	—
Styrene	C₆H₅CH=CH₂	100	420	250	1050
1,1,1—Trichloroethane	CH₃CCl₃	350	1900	450	2450
Trichloroethylene	CCl₂=CHCl	100	535	150	802
[^f01001]Vinyl chloride	CH₂=CHCl	7	—	—	—
Vinylidene chloride	CH₂=CCl₂	10	40	—	—
Wood dust (hard wood)		—	5	—	—

SCHEDULE 2 — PROHIBITION OF CERTAIN SUBSTANCES HAZARDOUS TO HEALTH FOR CERTAIN PURPOSES

Item No.	Column 1	Column 2
	Description of substance	Purpose for which the substance is prohibited
Notes “Blasting apparatus” means apparatus for cleaning, smoothing, roughening or removing of part of the surface of any article by the use as an abrasive of a jet of sand, metal shot or grit or other material propelled by a blast of compressed air or steam or by a wheel. This prohibition shall not prevent the use as a parting material of the following substances— natural sand; zirconium silicate (zircon); calcined china clay; calcined aluminous fireclay; sillimanite; calcined or fused alumina; olivine. “Use as a parting material” means the application of the material to the surface or parts of the surface of a pattern or of a mould so as to facilitate the separation of the pattern from the mould or the separation of parts of the mould. “White oil” means a refined mineral oil conforming to a specification approved by the Health and Safety Executive and certified by its manufacturer as so conforming. “Gassing powder” means a chemical compound in powder form which reacts with atmospheric moisture to generate hydrogen cyanide.	Notes “Blasting apparatus” means apparatus for cleaning, smoothing, roughening or removing of part of the surface of any article by the use as an abrasive of a jet of sand, metal shot or grit or other material propelled by a blast of compressed air or steam or by a wheel. This prohibition shall not prevent the use as a parting material of the following substances— natural sand; zirconium silicate (zircon); calcined china clay; calcined aluminous fireclay; sillimanite; calcined or fused alumina; olivine. “Use as a parting material” means the application of the material to the surface or parts of the surface of a pattern or of a mould so as to facilitate the separation of the pattern from the mould or the separation of parts of the mould. “White oil” means a refined mineral oil conforming to a specification approved by the Health and Safety Executive and certified by its manufacturer as so conforming. “Gassing powder” means a chemical compound in powder form which reacts with atmospheric moisture to generate hydrogen cyanide.	Notes “Blasting apparatus” means apparatus for cleaning, smoothing, roughening or removing of part of the surface of any article by the use as an abrasive of a jet of sand, metal shot or grit or other material propelled by a blast of compressed air or steam or by a wheel. This prohibition shall not prevent the use as a parting material of the following substances— natural sand; zirconium silicate (zircon); calcined china clay; calcined aluminous fireclay; sillimanite; calcined or fused alumina; olivine. “Use as a parting material” means the application of the material to the surface or parts of the surface of a pattern or of a mould so as to facilitate the separation of the pattern from the mould or the separation of parts of the mould. “White oil” means a refined mineral oil conforming to a specification approved by the Health and Safety Executive and certified by its manufacturer as so conforming. “Gassing powder” means a chemical compound in powder form which reacts with atmospheric moisture to generate hydrogen cyanide.
1.	2—naphthylamine; benzidine; 4—aminodiphenyl; 4—nitrodiphenyl; their salts and any substance containing any of those compounds, in any other substance in a total concentration exceeding 0.1 per cent.	Manufacture and use for all purposes including any manufacturing process in which a substance described in column 1 of this item is formed.
2.	Sand or other substance containing free silica.	Use as an abrasive for blasting articles in any blasting apparatus (see note 1).
3.	A substance— containing compounds of silicon calculated as silica to the extent of more than 3% by weight of dry material; or composed of or containing dust or other matter deposited from a fettling or blasting process.	Use as a parting material in connection with the making of metal castings (see notes 2 and 3).
4.	Carbon disulphide.	Use in the cold-cure process of vulcanising in the proofing of cloth with rubber.
5.	Oils other than white oil, or oil of entirely animal or vegetable origin or entirely of mixed animal and vegetable origin (see note 4).	Use for oiling the spindles of self-acting mules.
6.	Ground or powdered flint or quartz other than natural sand.	Use in relation to the manufacture or decoration of pottery for the following purposes— the placing of ware for the biscuit fire; the polishing of ware; as the ingredient of a wash for saggars, trucks, bats, cranks, or other articles used in supporting ware during firing; and as dusting or supporting powder in potters' shops.
7.	Ground or powdered flint or quartz other than— natural sand; or ground or powdered flint or quartz which forms part of a slop or paste.	Use in relation to the manufacture or decoration of pottery for any purpose except— use in a separate room or building for— the manufacture of powdered flint or quartz; or the making of frits or glazes or the making of colours or coloured slips for the decoration of pottery; use for the incorporation of the substance into the body of ware in an enclosure in which no person is employed and which is constructed and ventilated to prevent the escape of dust.
8.	Dust or powder of a refractory material containing not less than 80 per cent. of silica other than natural sand.	Use for sprinkling the moulds of silica bricks, namely bricks or other articles composed of refractory material and containing not less than 80 per cent. of silica.
9.	White phosphorus.	Use in the manufacture of matches.
10.	Hydrogen cyanide.	Use in fumigation except when— released from an inert material in which hydrogen cyanide is absorbed; generated from a gassing powder (see note 5); or applied from a cylinder through suitable piping and applicators other than for fumigations in the open air to control or kill mammal pests.

SCHEDULE 3 — FREQUENCY OF THOROUGH EXAMINATION AND TEST OF LOCAL EXHAUST VENTILATION PLANT USED IN CERTAIN PROCESSES

Column 1	Column 2
Process	Minimum Frequency
Processes in which blasting is carried out in or incidental to the cleaning of metal castings, in connection with their manufacture.	Every month.
Processes, other than wet processes, in which metal articles (other than of gold, platinum or iridium) are ground, abraded or polished using mechanical power, in any room for more than 12 hours in any week.	Every 6 months.
Processes giving off dust or fume in which non-ferrous metal castings are produced.	Every 6 months.
Jute cloth manufacture.	Every month.

SCHEDULE 4 — SPECIFIC SUBSTANCES AND PROCESSES FOR WHICH MONITORING IS REQUIRED

Column 1	Column 2
Substance or Process	Minimum Frequency
Vinyl chloride monomer.	Continuous or in accordance with a procedure approved by the Health and Safety Commission.
Vapour or spray given off from vessels at which an electrolytic chromium process is carried on, except trivalent chromium.	Every 14 days.

SCHEDULE 5 — MEDICAL SURVEILLANCE

Column 1	Column 2
Substances for which medical surveillance is appropriate	Processes
Vinyl chloride monomer (VCM).	In manufacture, production, reclamation, storage, discharge, transport, use or polymerisation.
Nitro or amino derivatives of phenol and of benzene or its homologues.	In the manufacture of nitro or amino derivatives of phenol and of benzene or its homologues and the making of explosives with the use of any of these substances.
Potassium or sodium chromate or dichromate.	In manufacture.
1—Naphthylamine and its salts Orthotolidine and its salts. Dianisidine and its salts. Dichlorbenzidine and its salts.	In manufacture, formation or use of these substances.
Auramine, Magenta.	In manufacture.
Carbon disulphide. Disulphur dichloride. Benzene, including benzol. Carbon tetrachloride. Trichlorethylene.	Processes in which these substances are used, or given off as vapour, in the manufacture of indiarubber or of articles or goods made wholly or partially of indiarubber.
Pitch.	In manufacture of blocks of fuel consisting of coal, coal dust, coke or slurry with pitch as a binding substance.

SCHEDULE 6 — FUMIGATIONS EXCEPTED FROM REGULATION 13

Column 1	Column 2
Fumigant	Nature of fumigation
Hydrogen cyanide.	Fumigations carried out for research.
Hydrogen cyanide.	Fumigations in fumigation chambers.
Hydrogen cyanide.	Fumigations in the open air to control or kill mammal pests.
Methyl bromide.	Fumigations carried out for research.
Methyl bromide.	Fumigations in fumigation chambers.
Methyl bromide.	Fumigations of soil outdoors under gas-proof sheeting where not more than 1000 kg is used in any period of 24 hours on the premises.
Methyl bromide.	Fumigations of soil under gas-proof sheeting in glasshouses where not more than 500 kg is used in any period of 24 hours on the premises.
Methyl bromide.	Fumigations of compost outdoors under gas-proof sheeting where not more than 10 kg of methyl bromide is used in any period of 24 hours on the premises.
Methyl bromide.	Fumigations under gas-proof sheeting inside structures other than glasshouses and mushroom houses where not more than 5 kg of methyl bromide is used in each structure during any period of 24 hours.
Methyl bromide.	Fumigations of soil or compost in mushroom houses where not more than 5 kg of methyl bromide is used in any one fumigation in any period of 24 hours.
Methyl bromide.	Fumigations of containers where not more than 5 kg of methyl bromide is used in any one fumigation in a period of 24 hours.
Phosphine.	Fumigations carried out for research.
Phosphine.	Fumigations in fumigation chambers.
Phosphine.	Fumigations under gas-proof sheeting inside structures where not more than 1 kg phosphine in each structure is used in any period of 24 hours.
Phosphine.	Fumigations in containers where not more than 0.5 kg phosphine is used in any one fumigation in any period of 24 hours.
Phosphine.	Fumigations in individual impermeable packages.
Phosphine.	Fumigations in the open air to control or kill mammal pests.
Ethylene oxide.	Fumigations carried out for research.
Ethylene oxide.	Fumigations in fumigation chambers.

SCHEDULE 7 — NOTIFICATION OF CERTAIN FUMIGATIONS

PART I — persons to whom notifications must be made

1

In the case of a fumigation to be carried out within the area of a harbour authority, advance notification of fumigation shall, for the purposes of regulation 13(2)(a), be given to—

• (a) that authority;

• (b) an inspector appointed under section 19 of the 1974 Act, if that inspector so requires; and

• (c) where the fumigation—

• (i) is to be carried out on a sea going ship, the chief fire officer of the area in which the ship is situated and the officer in charge of the office of Her Majesty’s Customs and Excise at the harbour, or

• (ii) is the space fumigation of a building, the chief fire officer of the area in which the building is situated.

2

In the case of a fumigation, other than a fumigation to which paragraph (1) applies, advance notification of fumigation shall be given to—

• (a) the police officer for the time being in charge of the police station for the police district in which the fumigation is carried out;

• (b) an inspector appointed under section 19 of the 1974 Act if that inspector so requires; and

• (c) where the fumigation is to be carried out on a sea going ship or is the space fumigation of a building, the chief fire officer of the area in which ship or building is situated.

PART II — information to be given in advance notice of fumigations

3

The information to be given in a notification made for the purposes of regulation 13(2) shall include the following—

• (a) the name, address and place of business of the fumigator and his telephone number;

• (b) the name of person requiring the fumigation to be carried out;

• (c) the address and description of premises where the fumigation is to be carried out;

• (d) the date on which the fumigation is to be carried out and the estimated time of commencement and completion;

• (e) the name of the operator in charge of the fumigation; and

• (f) the fumigant to be used.

SCHEDULE 8 — REPEALS

PART I — repeals of the provisions of the mines and quarries act 1954

Column 1	Column 2
Provision	Extent of repeal
Section 112.	The whole section.

PART II — repeals of the provisions of the factories act 1961

Column 1	Column 2
Provision	Extent of repeal
Section 4.	The words from “and for rendering harmless” to the end of the section.
Section 63.	The whole section.
Section 64.	The whole section.
Section 67.	The whole section.
Section 77.	The whole section.
Section 78.	The whole section.
Section 121.	Subsections (1)(d) and (3)(b).

SCHEDULE 9 — REVOCATIONS OF REGULATIONS AND ORDERS

Column 1	Column 2
Regulations or Order	Extent of Revocation
Regulations dated 12th December 1905 for the processes of sorting, willeying, washing, combing and carding wool, goat hair and camel hair and processes incidental thereto, (The Wool, Goat-Hair and Camel-Hair Regulations 1905), S.R. & O. 1905/1293, amended by S.I. 1980/1690.	The whole Regulations.
Regulations dated 26th February 1906 in respect of the processes of spinning and weaving flax and tow and processes incidental thereto, (The Flax and Tow Spinning and Weaving Regulations 1906), S.R. & O. 1906/177.	Regulations 1, 2 and 12.
Regulations dated 28th August 1907 for the processes of spinning and weaving hemp or jute, or hemp or jute tow and processes incidental thereto, (The Hemp Spinning and Weaving Regulations 1907), S.R. & O. 1907/660, amended by S.I. 1948/1696.	Regulations 1, 2 and 7.
Regulations dated 20th December 1907 in respect of processes involving the use of horsehair from China, Siberia or Russia, (The Horesehair Regulations 1907), S.R. & O. 1907/984, amended by S.I. 1980/1690.	The whole Regulations.
Regulations dated 18th December 1908 for the use of East Indian Wool, (The East India Wool Regulations 1908), S.R. & O. 1908/1287.	The whole Regulations.
Order dated 22nd March 1918 for securing the welfare of the workers employed in factories or parts of factories in which bichromate of potassium or sodium is used in tanning by the “two-bath” process (The Tanning (Two-Bath Process) Welfare Order 1918), S.R. & O. 1918/368, amended by S.R. & O. 1930/312.	The whole order.
Order dated 22nd March 1918 for securing the welfare of the workers employed in factories or parts of factories in which bichromate of potassium or sodium is used in dyeing other than job-dyeing, (The Dyeing (Use of Bichromate of Potassium or Sodium) Welfare Order 1918), S.R. & O. 1918/369.	The whole order.
Order dated 15th August 1919 (The Fruit Preserving Order 1919), S.R. & O. 1919/1136.	Article 6.
The Hollow-ware and Galvanising Welfare Order 1921, S.R. & O. 1921/2032.	The whole order.
The Hides and Skins Regulations 1921, S.R. & O. 1921/2076, amended by S.I. 1980/1690.	The whole Regulations
The Indiarubber Regulations 1922, S.R. & O. 1922/329, amended by S.I. 1973/36 and 1980/1248.	The definitions— “Appointed doctor”; “Employment medical adviser”; “Fume process”. The paragraph— “It shall be the duty of every person employed to observe Part II of these Regulations”. Regulations 2 to 19.
The Chemical Works Regulations 1922, S.R. & O. 1922/731, amended by S.I. 1973/36, 1974/1681, 1981/16 and 917	The whole Regulations.
The Grinding of Metals (Miscellaneous Industries) Regulations 1925, S.R. & O. 1925/904, amended by S.I. 1949/2225, 1950/688, 1970/535 and 1981/1486.	The whole Regulations.
The Grinding of Cutlery and Edge Tools Regulations 1925, S.R. & O. 1925/1089, amended by S.I. 1950/370, 1970/535 and 1981/1486.	The whole Regulations.
The Bakehouses Welfare Order 1927, S.R. & O. 1927/191.	The whole order.
The Biscuit Factories Welfare Order 1927, S.R. & O. 1927/872.	The whole order.
The Tanning Welfare Order 1930, S.R. & O. 1930/312.	Articles 6, 7 and 9.
The Refractory Materials Regulations 1931, S.R. & O. 1931/359.	The whole Regulations.
The Chromium Plating Regulations 1931, S.R. & O. 1931/455, amended by S.I. 1973/9.	The whole Regulations.
The Sugar Factories Welfare Order 1931, S.R. & O. 1931/684.	The whole order.
The Patent Fuel Manufacture (Health and Welfare) Special Regulations 1946, S.R. & O. 1946/258, amended by S.I. 1973/36.	The whole Regulations.
The Pottery (Health) Special Regulations 1947, S.R. & O. 1947/2161.	In Regulation 2, the definitions— “ground or powdered flint or quartz”; “potters' shops”. Regulations 5 and 6.
The Jute (Safety, Health and Welfare) Regulations 1948, S.I. 1948/1696.	Regulations 5 to 10. Regulation 12.
The Blasting (Castings and Other Articles) Special Regulations 1949, S.I. 1949/2225, amended by S.I. 1981/1332.	The whole Regulations.
The Pottery (Health and Welfare) Special Regulations 1950, S.I. 1950/65, amended by S.I. 1973/36, 1980/1248 and 1982/877.	In regulation 2(2) the definitions— “Damp fettling”; “Fettling”; “Flint or quartz milling”; “Flintless stoneware”; “Potters' shops”; “Slip-house”; “Suspension”; “Wedging of clay”. Regulation 6(1)(vii) to (ix) and (xi). In regulation 13(1) the words “in any potters' shop or in any place where clay dust is prepared or” and the words “flint or quartz milling or”. In regulation 14(2) the words “in any potters' shop or” and the words “clay dust is prepared or where any flint or quartz milling or”. Regulation 17(1)(i) to (xvi), (xxv) and (xxvii), 17(3), 17(6)(i) and (vi). Regulation 18(1) and 18(2). In regulation 18(3)(a) the words “all potters' shops, including such drying stoves as are entered by workpeople and in”. Regulation 18(3)(a)(i), 18(3)(b)(i) and (ii) and 18(3)(c). In regulation 18(3)(d) the words “potters' shops, including such drying stoves as are entered by workpeople and of” and in regulation 18(3)(d)(i) the words “and also, in the case of any potters' shop having an impervious floor, by washing or mopping with water on at least one day in each week”. Regulation 18(3)(e) to (g). In regulation 18(4) the words “biscuit placing or” in both places where they occur. In regulation 18(7) the reference to sub-paragraph “(c)”, “(e)” and “(f)”. Regulation 18(12) and (13). Regulation 19(4). Regulations 20 to 22. Regulation 26. Regulation 28(3). Regulation 29(1) to 29(3). In the table in Schedule 2 the entries numbered (1) to (4), (7) to (22), (24) and (27).
The Grinding of Cutlery and Edge Tools (Amendment) Special Regulations 1950, S.I. 1950/370.	The whole Regulations.
The Grinding of Metals (Miscellaneous Industries) (Amendment) Special Regulations 1950, S.I. 1950/688.	The whole Regulations.
The Foundries (Parting Materials) Special Regulations 1950, S.I. 1950/1700.	The whole Regulations.
The Hydrogen Cyanide (Fumigation of Buildings) Regulations 1951, S.I. 1951/1759, amended by S.I. 1982/695.	The whole Regulations.
The Hydrogen Cyanide (Fumigation of Ships) Regulations 1951, S.I. 1951/1760.	The whole Regulations.
The Iron and Steel Foundries Regulations 1953, S.I. 1953/1464, amended by S.I. 1974/1681 and 1981/1332.	In regulation 2(2) the definitions “approved respirator”; “dressing or fettling operations”; “knock-out operations”. The proviso to regulation 3(2). Regulation 7. Regulations 8(1)(b) and (2). In regulation 10(1), the number “7”.
The Mule Spinning (Health) Special Regulations 1953, S.I. 1953/1545, amended by S.I. 1973/36.	The whole Regulations.
The Indiarubber Regulations 1955, S.I. 1955/1626.	The whole Regulations.
The Shipbuilding and Ship-repairing Regulations 1960. S.I. 1960/1932, amended by S.I. 1974/1681, 1980/1248 and 1983/644.	Regulation 4(1)(a) shall be modified by substituting for the words “to 77” the words “and 74”. Regulation 4(8) shall be modified by substituting for the words “72 and 76(2)” the words “and 72”. Regulation 53. Regulations 76 and 77.
The Construction (General Provisions) Regulations 1961, S.I. 1961/1580, amended by S.I. 1966/94 and 1974/1681.	In regulation 3(1)(a) the number “20”. In the full out words at the end of regulation 3(1), the number “22”. Regulation 20. Regulation 22.
The Non-ferrous Metals (Melting and Founding) Regulations 1962, S.I. 1962/1667, amended by S.I. 1974/1681 and 1981/1332.	In regulation 2(2) the definition “approved”. In regulation 3(4) the words “Regulation 11(5) and”. Regulations 11 and 12. Regulation 13(1)(b). Regulation 13(3). Regulation 19.
The Carcinogenic Substances Regulations 1967, S.I. 1967/879, amended by S.I. 1973/36.	The whole Regulations.
The Carcinogenic Substances (Prohibition of Importation) Order 1967, S.I. 1967/1675.	The whole order.
The Anthrax (Cautionary Notice) Order 1968, S.I. 1968/2005.	The whole order.
The Abstract of Factories Act Order 1973, S.I. 1973/7, amended by S.I. 1983/978.	In Schedule 1— in paragraph 4 the words from “All practicable measures” to the end of that paragraph; paragraph 9; paragraph 13. In Schedule 3— in paragraph 8, the words from “Everyone who employs” to “are mixed”. In Schedule 4— in paragraph 8, the words from “Everyone who employs” to “are mixed”.
The Chromium Plating (Amendment) Regulations 1973, S.I. 1973/9.	The whole Regulations.
The Employment Medical Advisory Service (Factories Act Orders etc. Amendment) Order 1973, S.I. 1973/36.	In Part II of the Schedule the entries relating to— The Indiarubber Regulations 1922; The Chemical Works Regulations 1922; The Patent Fuel Manufacture (Health and Welfare) Regulations 1946; The Mule Spinning (Health) Special Regulations 1953; The Carcinogenic Substances Regulations 1967.
The Abstract of Special Regulations (Pottery — Health and Welfare) Order 1973, S.I. 1973/37.	In Schedules 1 and 2 (each of which abstracts parts of the Pottery (Health and Welfare) Special Regulations 1950 (No. 65), the following paragraphs in each Schedule shall be revoked in so far as the reference applies to that Schedule— In regulation 2(2) the definitions— “Damp fettling”; “Fettling”; “Flint or quartz milling”; “Flintless stoneware”; “Potters' shops”; “Slip-house”; “Wedging of clay”. Regulation 6(1)(vii) to (ix) and (xi). Regulation 13(1). Regulation 14(2). Regulation 17(1)(i) to (xvi), (xxv) and (xxvii), 17(3), 17(6)(i) and (vi). Regulation 18(1) and 18(2). In regulation 18(3)(a) the words “all potters' shops, including such drying stoves as are entered by workpeople and in” and the words “subject to sub-paragraphs (b) and (c) of this paragraph,”. Regulation 18(3)(a)(i), 18(3)(b) and 18(3)(c). In regulation 18(3)(d) the words “potters' shops, including such drying stoves as are entered by workpeople and of” and in regulation 18(3)(d)(i) the words “and also, in the case of any potters' shop having an impervious floor, by washing or mopping with water on at least one day in each week”. Regulation 18(3)(e) to (g). In regulation 18(4) the words “biscuit placing or” in both places where they occur. In regulation 18(7) the references to sub-paragraphs “(c)”, “(e)” and “(f)”. Regulation 18(12) and (13). Regulation 19(4). Regulations 20 to 22. Regulation 26. Regulation 28(3). Regulation 29(1) to 29(3). In the table in the Second Schedule the entries numbered (1) to (4), (7) to (22), (24) and (27).
The Hydrogen Cyanide (Fumigation) Act 1937 (Repeals and Modifications) Regulations 1974, S.I. 1974/1840.	The whole Regulations.
The Health and Safety (Animal Products) (Metrication) Regulations 1980, S.I. 1980/1690.	The whole Regulations.
The Chemical Works (Metrication) Regulations 1981, S.I. 1981/16.	The whole Regulations.
The Health and Safety (Foundries etc.) (Metrication) Regulations 1981, S.I. 1981/1332.	In the Schedule the entries relating to— The Blasting (Castings and other Articles) Special Regulations 1949.
The Grinding of Metals etc. (Metrication) Regulations 1981, S.I. 1981/1486.	The whole Regulations.
The Hydrogen Cyanide (Fumigation of Buildings) (Amendment) Regulations 1982, S.I. 1982/695.	The whole Regulations.
The Poisonous Substances in Agriculture Regulations 1984, S.I. 1984/1114.	The whole Regulations.

Signed

Signed by order of the Secretary of State.

Patrick Nicholls — Parliamentary Under Secretary of State, — Department of Employment — 26th September 1988

Explanatory note

(This note is not part of the Regulations)

1 The Regulations impose duties on employers to protect employees and other persons who may be exposed to substances hazardous to health and also impose certain duties on employees.

2 The terms used in the Regulations, including the term “substance hazardous to health” are defined in regulation 2. By regulation 3 duties are imposed on employers (who for the purposes of these Regulations include self-employed persons) for the protection of their employees and of other persons who may be affected by their work.

3 Regulation 4 prohibits the importation, supply and use at work of specified substances, and also prohibits the use of specified substances in specified processes (Schedule 2).

4 The application of the provisions which relate to the exposure of employees (set out in regulations 6 to 12) is defined by regulation 5.

5 Regulation 6 requires employers to assess the risks to health created by work which is liable to expose their employees to substances hazardous to health and the steps that need to be taken by them to meet the requirements of the Regulations.

6 Regulation 7 imposes a duty on employers to prevent or, where this is not reasonably practicable, adequately to control the exposure to substances hazardous to health of their employees. Where the substance is one for which a maximum exposure limit is specified in Schedule 1, that limit, so far as the inhalation of the substance is concerned, must not be exceeded and the exposure must be reduced so far as is reasonably practicable below it.

7 As respects a substance for which the Health and Safety Commission has approved an occupational exposure standard, control to that standard is to be treated as adequate so far as inhalation of the substance is concerned. Regulation 7 also requires prevention or adequate control to be achieved so far as is reasonably practicable by means other than the use of personal protective equipment and that where adequate control is achieved by the use of respiratory protective equipment, that equipment should be of a type or conform to a standard approved by the Health and Safety Executive.

8 Requirements are imposed by regulation 8 upon employers and employees to make proper use of the control measures provided, and by regulation 9 upon employers for the maintenance of those control measures. The monitoring of exposure to substances hazardous to health is required for the substances and processes specified in Schedule 4 and in any other case where such monitoring is requisite for maintaining adequate control or protecting the health of employees (regulation 10).

9 Regulation 11 requires that, where appropriate for the protection of the health of employees, they must be under health surveillance and in the case of employees who are exposed to one of the substances and engaged in a process specified in Schedule 5 that health surveillance must include medical surveillance by an employment medical adviser or appointed doctor. Regulation 12 requires that employees who may be exposed to substances hazardous to health are given suitable and sufficient information, instruction and training.

10 A person who undertakes fumigations with specified fumigants is required by regulation 13 to notify in advance the persons specified in Schedule 7. Exceptions to this notification requirement are listed in Schedule 6.

11 The regulations provide for exemptions in certain circumstances (regulation 14) and are applied by regulation 15 to certain activities in territorial waters adjacent to Great Britain. Regulation 16 provides for a defence in the case of a contravention of the regulations and regulation 17 for certain transitional provisions. Modifications relating to the Ministry of Defence are introduced by regulation 18.

12 The provisions of the Mines and Quarries Act 1954 (c. 70) and of the Factories Act 1961 (c. 34) which are specified in Schedule 8 are repealed by regulation 19, which also repeals the Hydrogen Cyanide (Fumigation) Act 1937 (c. 45) and revokes or modifies the regulations and orders specified in Schedule 9. This regulation also provides that notwithstanding those revocations, requirements in them for the keeping of any record or register shall remain in force.

13 The Regulations are consistent with the provisions of the Council Directive No. 80/1107/EEC on the protection of workers from the risk related to exposure to chemical, physical and biological agents at work (OJ No. L 327, 3.12.80, p.8).

14 Copies of the publications mentioned in the Regulations are obtainable as follows— a the approved list (ISBN 0 11 883888 1 revised by ISBN 0 11 8239012) are obtainable from Her Majesty’s Stationery Office. b a list of the occupational exposure standards which the Health and Safety Commission has approved is obtainable from the Health and Safety Executive, Baynards House, 1, Chepstow Place, London W2 4TF.

Footnotes

[^f00001]: 1974 c. 37; sections 15 and 50 were amended by Schedule 15 of the Employment Protection Act 1975 (c. 71), paragraphs 6 and 16 respectively.

[^f00002]: S.I. 1984/1244, amended by S.I. 1986/1922 and 1988/766.

[^f00003]: 1979 c. 2.

[^f00004]: S.I. 1980/1248.

[^f00005]: S.I. 1987/2115.

[^f00006]: 1954 c. 70, amended by S.I. 1974/2013.

[^f00007]: S.I. 1977/1232.

[^f00008]: 1952 c. 67.

[^f00009]: 1964 c. 5.

[^f00010]: 1954 c. 70, amended by S.I. 1974/2013.

[^f00011]: 1961 c. 34, amended by S.I. 1974/1941.

[^f00012]: 1937 c. 45, amended by S.I. 1974/1840.