The Control of Substances Hazardous to Health (Amendment) Regulations 1996

Made: 11th December 1996

Laid before Parliament: 17th December 1996

Coming into force: 10th January 1997

The Secretary of State in the exercise of the powers conferred on him by section 15(1), (2), (4)(a), (5)(b), (6)(b) and (9) of, and paragraphs 1(1)(b) and (c), 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 modification 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, commencement and interpretation

1

• (1) These Regulations may be cited as the Control of Substances Hazardous to Health (Amendment) Regulations 1996 and shall come into force on 10th January 1997.

• (2) In these Regulations, “the principal Regulations” means the Control of Substances Hazardous to Health Regulations 1994[^f00002].

Amendment to the principal Regulations

2

• (1) The principal Regulations shall be amended in accordance with the following provisions of this regulation.

• (2) In regulation 2(1), after the definition “occupational exposure standard” the following definition shall be inserted—

• “preparation” means a mixture or solution of two or more substances;

• (3) In regulation 13(1)—

• (a) the words “ethylene oxide,” shall be deleted; and

• (b) for the words “except that this regulation” shall be substituted the words “except that paragraph (2)”.

• (4) In regulation 15(1), for the words “article 4, 5 or 7 of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1989” shall be substituted the words “article 4, 6 or 8 of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1995 (S.I. 1995 No. 263)”.

• (5) For Schedule 1 shall be substituted the Schedule set out in these Regulations.

• (6) In column 1 of Schedule 2, entry 11(b) shall be replaced by the following entry—

(b) waste covered by Council Directives 75/442/EEC (OJ No. L194, 25.7.75, p. 39), as amended by Council Directive 91/156/EEC (OJ No. L78, 26.3.91, p. 32), and 91/689/EEC (OJ No. L377, 31.12.91, p. 20).

• (7) In Schedule 4—

• (a) the words “Vapour or” shall be deleted from the second entry in column 1; and

• (b) the words “while the process is being carried on” shall be inserted after the words “Every 14 days” in the second entry in column 2.

• (8) In Schedule 5 the words “1-Naphthylamine and its salts.” shall be deleted from the fourth entry in column 1.

• (9) In Schedule 6 the words “Ethylene oxide” shall be deleted from column 1 and the words “Fumigations carried out for research.” and “Fumigations in fumigation chambers.” shall be deleted from the corresponding entry in column 2.

THE SCHEDULE — SCHEDULE TO BE SUBSTITUTED AS SCHEDULE 1 TO THE PRINCIPAL REGULATIONS

Signed

Signed by authority of the Secretary of State.

Paul Beresford — Parliamentary Under Secretary of State, — 11th December 1996

Explanatory note

(This note is not part of the Regulations)

1 These Regulations amend the Control of Substances Hazardous to Health Regulations 1994 (“the principal Regulations”) by — a substituting for Schedule 1 to the principal Regulations the Schedule set out in these Regulations which — i adds eighteen new substances to the list of those substances which are assigned maximum exposure limits, while removing two others previously included, ii amends the maximum exposure limits of thirteen other substances to take account of the adoption of a standard reference temperature and pressure, and iii amends the maximum exposure limits of two other substances or groups of substances to take account of the adoption of the ISO/CEN Respirable Dust Convention; and b making other minor amendments, including— i the insertion of a new definition of “preparation” in regulation 2(1), ii the amendment of regulation 13(1) to remove the reference to ethylene oxide as it can no longer be lawfully used as a fumigant, and iii the amendment, deletion and insertion of several entries in Schedules 4, 5 and 6 to — aa remove the need to monitor vapour given off from vessels at which an electrolytic chromium process is carried on, and to clarify the need for monitoring only when the process is being carried on, bb remove the requirement for health surveillance for workers exposed tol-naphthylamine and its salts because it is no longer listed as carcinogenic, and cc remove the reference to ethylene oxide (see (ii) above).

2 A copy of the cost benefit assessments prepared in respect of these Regulations can be obtained from the Health and Safety Executive, Economic Advisers Unit, Rose Court, 2 Southwark Bridge, London SE1 9HS. Copies have been placed in the Library of each House of Parliament.

Footnotes

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

[^f00002]: S.I. 1994/3246 as amended by S.I.s 1994/3247 and 1996/2001.