The Control of Substances Hazardous to Health Regulations 2002

Containment measures	Containment measures	Containment levels	Containment levels	Containment levels
		2	3	4
1	The workplace is to be separated from any other activities in the same building.	No	Yes	Yes
2	Input air and extract air to the workplace are to be filtered using HEPA or equivalent.	No	Yes, on extract air	Yes, on input and double on extract air
3	Access is to be restricted to authorised persons only.	Yes	Yes	Yes, via air-lock key procedure
4	The workplace is to be sealable to permit disinfection.	No	Yes	Yes
5	Specified disinfection procedure.	Yes	Yes	Yes
6	The workplace is to be maintained at an air pressure negative to atmosphere.	No	Yes	Yes
7	Efficient vector control eg rodents and insects.	Yes, for animal containment	Yes, for animal containment	Yes
8	Surfaces impervious to water and easy to clean.	Yes, for bench	Yes, for bench and floor (and walls for animal containment)	Yes, for bench, floor, walls and ceiling
9	Surfaces resistant to acids, alkalis, solvents, disinfectants.	Yes, for bench	Yes, for bench and floor (and walls for animal containment)	Yes, for bench, floor, walls and ceiling
10	Safe storage of biological agents.	Yes	Yes	Yes, secure storage
11	An observation window, or alternative, is to be present, so that occupants can be seen.	No	Yes	Yes
12	A laboratory is to contain its own equipment.	No	Yes, so far as is reasonably practicable	Yes
13	Infected material, including any animal, is to be handled in a safety cabinet or isolator or other suitable containment.	Yes, where aerosol produced	Yes, where aerosol produced	Yes
14	Incinerator for disposal of animal carcases.	Accessible	Accessible	Yes, on site

PART III — CONTAINMENT MEASURES FOR INDUSTRIAL PROCESSES

Containment measures	Containment measures	Containment levels	Containment levels	Containment levels
		2	3	4
1	Viable micro-organisms should be contained in a system which physically separates the process from the environment (closed system).	Yes	Yes	Yes
2	Exhaust gases from the closed system should be treated so as to—	Minimise release	Prevent release	Prevent release
3	Sample collection, addition of materials to a closed system and transfer of viable micro-organisms to another closed system, should be performed so as to—	Minimise release	Prevent release	Prevent release
4	Bulk culture fluids should not be removed from the closed system unless the viable micro-organisms have been—	Inactivated by validated means	Inactivated by validated chemical or physical means	Inactivated by validated chemical or physical means
5	Seals should be designed so as to—	Minimise release	Prevent release	Prevent release
6	Closed systems should be located within a controlled area—	Optional	Optional	Yes, and purpose-built
	(a)biohazard signs should be posted;	Optional	Yes	Yes
	(b)access should be restricted to nominated personnel only;	Optional	Yes	Yes, via air-lock
	(c)personnel should wear protective clothing;	Yes, work clothing	Yes	Yes, a complete change
	(d)decontamination and washing facilities should be provided for personnel;	Yes	Yes	Yes
	(e)personnel should shower before leaving the controlled area;	No	Optional	Yes
	(f)effluent from sinks and showers should be collected and inactivated before release;	No	Optional	Yes
	(g)the controlled area should be adequately ventilated to minimise air contamination;	Optional	Optional	Yes
	(h)the controlled area should be maintained at an air pressure negative to atmosphere;	No	Optional	Yes
	(i)input and extract air to the controlled area should be HEPA filtered;	No	Optional	Yes
	(j)the controlled area should be designed to contain spillage of the entire contents of closed system;	Optional	Yes	Yes
	(k)the controlled area should be sealable to permit fumigation.	No	Optional	Yes
7	Effluent treatment before final discharge.	Inactivated by validated means	Inactivated by validated chemical or physical means	Inactivated by validated physical means

PART IV — BIOHAZARD SIGN

The biohazard sign required by regulation 7(6)(a) shall be in the form shown below—

PART V — BIOLOGICAL AGENTS WHOSE USE IS TO BE NOTIFIED IN ACCORDANCE WITH PARAGRAPH 5(2) OF PART I OF THIS SCHEDULE

Any Group 3 or 4 agent.

The following Group 2 agents:

• Bordetella pertussis

• Corynebacterium diphtheriae

• Neisseria meningitidis

SCHEDULE 4 — 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.	1 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.	6 months
Processes giving off dust or fume in which non-ferrous metal castings are produced.	6 months
Jute cloth manufacture.	1 month

SCHEDULE 5 — 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 Executive.
Spray given off from vessels at which an electrolytic chromium process is carried on, except trivalent chromium.	Every 14 days while the process is being carried on.

SCHEDULE 6 — MEDICAL SURVEILLANCE

Column 1	Column 2
Substances for which medical surveillance is appropriate	Process
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.
Ortho-tolidine and its salts. Dianisidine and its salts. Dichlorobenzidine 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 7 — LEGISLATION CONCERNED WITH THE LABELLING OF CONTAINERS AND PIPES

• The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 (CHIP) (SI 2002/1689);

• The Health and Safety (Safety Signs and Signals) Regulations 1996 (SI 1996/341);

• The Radioactive Material (Road Transport) Regulations 2002 (SI 2002/1093);

• The Carriage of Dangerous Goods by Rail Regulations 1996 (SI 1996/2089);

• The Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 2002 (SI 2002/2099);

• The Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 (SI 1996/2092);

• The Carriage of Explosives by Road Regulations 1996 (SI 1996/2093);

• The Carriage of Dangerous Goods by Road Regulations 1996 (SI 1996/2095); and

• The Good Laboratory Practice Regulations 1999 (SI 1999/3106).

SCHEDULE 8 — FUMIGATIONS EXCEPTED FROM REGULATION 14

Column 1	Column 2
Fumigant	Nature of fumigation
Hydrogen cyanide.	Fumigations carried out for research.Fumigations in fumigation chambers.Fumigations in the open air to control or kill mammal pests.
Methyl bromide.	Fumigations carried out for research.Fumigations in fumigation chambers.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.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.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.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.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.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.Fumigations in fumigation chambers.Fumigations under gas-proof sheeting inside structures where not more than 1 kg of phosphine in each structure is used in any period of 24 hours.Fumigations in containers where not more than 0.5 kg of phosphine is used in any one fumigation in any period of 24 hours.Fumigations in individual impermeable packages.Fumigations in the open air to control or kill mammal pests.

SCHEDULE 9 — 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 14(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 carred out on a sea-going ship or is the space fumigation of a building, the chief fire officer of the area in which the 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 14(2) shall include the following—

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

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

• (c) the address and description of the 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.

Signed

Signed by authority of the Secretary of State.

N. Brown — Minister of State, — Department for Work and Pensions — 2002-10-24

Explanatory note

(This note is not part of the Regulations)

1These Regulations re-enact, with modifications, the Control of Substances Hazardous to Health Regulations 1999 (S.I. 1999/437) (“the 1999 Regulations”). The 1999 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, and prohibited the import into the United Kingdom of certain substances and articles from outside the European Economic Area.

2The Regulations, with the exception of regulations 8, 9, 11(8), (10) and (11) and 14, implement as respects Great Britain—

aCouncil Directive 78/610/EEC (OJ No. L 197, 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,

bpoint 3 of Article 1 of Council Directive 89/677/EEC (OJ No. L 398, 30.12.89, p.19) amending for the 8th time the Marketing and Use Directive insofar as that point relates to the importation, supply or use of benzene and substances containing benzene for such purposes,

cCouncil Directive 90/394/EEC (OJ No. L 196, 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,

dthat part of Commission Directive 96/55/EC (OJ No. L 231, 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”) (OJ No. L 262, 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,

eCouncil Directive 98/24/EC (OJ No. L 131, 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

fDirective 2000/54/EC (OJ No. L 262, 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).

3The Regulations are consistent with the provisions of Commission Directive 91/322/EEC (OJ No. L 177, 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.

4In addition to minor and drafting amendments, the Regulations make the following changes of substance—

ainclude certain further definitions (regulation 2);

bextend the matters to be considered when carrying out an assessment of the risk from exposure to substances hazardous to health (regulation 6);

cdetail the measures which the employer must take to prevent or adequately control the exposure of his employees to substances hazardous to health (regulation 7);

dprovide for further duties in respect of care and decontamination of personal protective equipment (regulation 9);

eprovide for the keeping of an individual record of air monitoring where an employee is required to be under health surveillance (regulation 10);

fextend 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);

gintroduce 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));

hintroduce 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

iapply the extension to the meaning of “work” in Part I of the 1974 Act to all Group 2, 3, or 4 biological agents and transfer certain provisions relating to biological agents which had been in Schedule 3 of the 1999 Regulations to regulations 7 and 12.

5Copies of the publications mentioned in the Regulations are obtainable as follows—

aa list of the maximum exposure limits and occupational exposure standards which the Health and Safety Commission has approved is available in the publication “EH40, Occupational Exposure Limits” obtainable from HSE Books, PO Box 1999, Sudbury, Suffolk CO10 2WA; and

bBritish 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.

6A copy of the regulatory impact assessment 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. A copy of the transposition note in relation to implementation of the Directives set out in paragraph 2 can be obtained from the Health and Safety Executive, International Branch at the same address. Copies of both these documents have been placed in the Library of each House of Parliament.

Footnotes

Aflatoxins.

Arsenic.

Auramine manufacture.

Calcining, sintering or smelting of nickel copper matte or acid leaching or electrorefining of roasted matte.

Coal soots, coal tar, pitch and coal tar fumes.

Hardwood dusts.

Isopropyl alcohol manufacture (strong acid process).

Leather dust in boot and shoe manufacture, arising during preparation and finishing.

Magenta manufacture.

Mustard gas (b,b’ –dichlorodiethyl sulphide).

Rubber manufacturing and processing giving rise to rubber process dust and rubber fume.

Used engine oils.

Column 1	Column 1	Column 2
Description of substance	Description of substance	Purpose for which the substance is prohibited
1.	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.	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.
3.	A substance—(a)containing compounds of silicon calculated as silica to the extent of more than 3 per cent by weight of dry material, other than natural sand, zirconium silicate (zircon), calcined china clay, calcined aluminous fireclay, sillimanite, calcined or fused alumina, olivine; or(b)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.
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.	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:(a)the placing of ware for the biscuit fire;(b)the polishing of ware;(c)as the ingredient of a wash for saggars, trucks, bats, cranks, or other articles used in supporting ware during firing; and(d)as dusting or supporting powder in potters’ shops.
7.	Ground or powdered flint or quartz other than—(a)natural sand; or(b)ground or powdered flint or quartzwhich forms parts of a slop or paste.	Use in relation to the manufacture or decoration of pottery for any purpose except—(a)use in a separate room or building for—(i)the manufacture of powdered flint or quartz, or(ii)the making of frits or glazes or the making of colours or coloured slips for the decoration of pottery;(b)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—(a)released from an inert material in which hydrogen cyanide is absorbed;(b)generated from a gassing powder; or(c)applied from a cylinder through suitable piping and applicators other than for fumigation in the open air to control or kill mammal pests.
11.	. . .	. . .
12.	. . .	. . .
13.	. . .	. . .

In this Schedule—

• “aerosol dispenser” means an article which consists of a non-reusable receptacle containing a gas compressed, liquefied or dissolved under pressure, with or without liquid, paste or powder and fitted with a release device allowing the contents to be ejected as solid or liquid particles in suspension in a gas, as a foam, paste or powder or in a liquid state;

• “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;

• “CAS No.” is the number assigned to a substance by the Chemical Abstract Service;

• “cosmetic product” has the meaning assigned to it in Article 2 of Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products (recast) as amended from time to time;

• “gassing powder” means a chemical compound in powder form which reacts with atmospheric moisture to generate hydrogen cyanide;

• ...

• “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 Executive and certified by its manufacturer as so conforming.

The biohazard sign required by regulation 7(6)(a) shall be in the form shown below—

Any Group 3 or 4 agent.

The following Group 2 agents:

• Bordetella pertussis

• Corynebacterium diphtheriae

• Neisseria meningitidis

• The Health and Safety (Safety Signs and Signals) Regulations 1996 (S.I. 1996/341);

• The Good Laboratory Practice Regulations 1999 (S.I. 1999/3106);

• ...

• the CLP Regulation; and

• The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 (S.I. 2009/1348)

The Health and Safety (Safety Signs and Signals) Regulations 1996 (SI 1996/341);

The Radioactive Material (Road Transport) Regulations 2002 (SI 2002/1093);

The Carriage of Dangerous Goods by Rail Regulations 1996 (SI 1996/2089);

The Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 2002 (SI 2002/2099);

The Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 (SI 1996/2092);

The Carriage of Explosives by Road Regulations 1996 (SI 1996/2093);

The Carriage of Dangerous Goods by Road Regulations 1996 (SI 1996/2095); and

The Good Laboratory Practice Regulations 1999 (SI 1999/3106).

Editorial notes

SCHEDULE 2A — PRINCIPLES OF GOOD PRACTICE FOR THE CONTROL OF EXPOSURE TO SUBSTANCES HAZARDOUS TO HEALTH

• (a) Design and operate processes and activities to minimise emission, release and spread of substances hazardous to health.

• (b) Take into account all relevant routes of exposure- inhalation, skin absorption and ingestion- when developing control measures.

• (c) Control exposure by measures that are proportionate to the health risk

• (d) Choose the most effective and reliable control options which minimise the escape and spread of substances hazardous to health.

• (e) Where adequate control of exposure cannot be achieved by other means, provide, in combination with other control measures, suitable personal protective equipment.

• (f) Check and review regularly all elements of control measures for their continuing effectiveness.

• (g) Inform and train all employees on the hazards and risks from the substances with which they work and the use of control measures developed to minimise the risks.

• (h) Ensure that the introduction of control measures does not increase the overall risk to health and safety.

Modifications relating to the Office of Rail and Road

16A

• (1) In so far as these Regulations apply to, or in connection with, any activities in relation to which the Office of Rail and Road is made the enforcing authority by regulation 3(1) of the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006, they shall have effect as if any reference to the Executive in the provisions specified in paragraph (2) were a reference to the Office of Rail and Road.

• (2) The provisions referred to in paragraph (1) are as follows—

• (a) regulation 10 (7) (b) (monitoring exposure at the workplace);

• (b) regulation 11 (4) (b) (health surveillance); and

• (c) regulation 18 (revocation and savings).

Extension outside Great Britain

Revocation and savings

Extension of meaning of “work”

Modification of section 3(2) of the 1974 Act

Defence