The Control of Substances Hazardous to Health (Amendment) Regulations 2004

• Citation: S.I. 2004/3386
• Sections: 4

Section 1 Citation and Commencement

These Regulations may be cited as the Control of Substances Hazardous to Health (Amendment) Regulations 2004 and shall come into force on 17th January 2005, except for regulations 2(a), (c) to (f) and (h), and 4(b), which shall come into force on 6th April 2005.

Section 2 Amendments of the Control of Substances Hazardous to Health Regulations 2002

In the Control of Substances Hazardous to Health Regulations 2002 —

(a) in regulation 2(1)—

(i) delete the definition of “maximum exposure limit”;

(ii) delete the definition of “occupational exposure standard”;

(iii) after the definition of “risk assessment” add the following definition—

“ risk phrase ” has the meaning assigned to it in regulation 2(1) of the CHIP Regulations;

(iv) in the definition of “substance hazardous to health” in sub-paragraph (b), for the words “a maximum exposure limit or an occupational exposure standard” substitute the words “ a workplace exposure limit ” ;

(v) after the definition of “workplace” add the following definition—

“ workplace exposure limit ”for a substance hazardous to health means the exposure limit 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, as contained in HSE publication “EH/40 Workplace Exposure Limits 2005” as updated from time to time.

(b) in regulation 3, for paragraph (3) substitute the following paragraph—

(3) These Regulations shall not apply to the master or crew of a ship or to the employer of such persons in respect of the normal shipboard activities of a ship’s crew which—

(a) are carried out solely by the crew under the direction of the master; and

(b) are not liable to expose persons other than the master and crew to a risk to their health and safety,

and for the purposes of this paragraph “ ship ” includes every description of vessel used in navigation, other than a ship forming part of Her Majesty’s Navy.

(c) in regulation 6(2) sub-paragraph (f), for the words “occupational exposure standard, maximum exposure limit” substitute the words “ workplace exposure limit ” ;

(d) in regulation 7—

(i) for paragraph (7) substitute the following paragraph—

(7) Without prejudice to the generality of paragraph (1), where there is exposure to a substance hazardous to health, control of that exposure shall only be treated as adequate if—

(a) the principles of good practice for the control of exposure to substances hazardous to health set out in Schedule 2A are applied;

(b) any workplace exposure limit approved for that substance is not exceeded; and

(c) for a substance—

(i) which carries the risk phrase R45, R46 or R49, or for a substance or process which is listed in Schedule 1; or

(ii) which carries the risk phrase R42 or R42/43, or which is listed in section C of HSE publication “Asthmagen? Critical assessments of the evidence for agents implicated in occupational asthma” as updated from time to time, or any other substance which the risk assessment has shown to be a potential cause of occupational asthma,

exposure is reduced to as low a level as is reasonably practicable.

(ii) delete paragraph (8);

(e) in regulation 9, for paragraph (1) substitute the following paragraph—

(1) Every employer who provides any control measure to meet the requirements of regulation 7 shall ensure that—

(a) in the case of plant and equipment, including engineering controls and personal protective equipment, it is maintained in an efficient state, in efficient working order, in good repair and in a clean condition; and

(b) in the case of the provision of systems of work and supervision and of any other measure, it is reviewed at suitable intervals and revised if necessary.

(f) in regulation 12(2)—

(i) in sub-paragraph (a)(ii) for the words “occupational exposure standard, maximum exposure limit” substitute the words “ workplace exposure limit ” ;

(ii) in sub-paragraph (d) for the words “maximum exposure limit”, in each place where they occur, substitute the words “ workplace exposure limit ” ;

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) after Schedule 2 insert the Schedule contained in the Schedule to these Regulations.

Section 3 Amendment of the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002

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Section 4 Amendments of the Control of Lead at Work Regulations 2002

In the Control of Lead at Work Regulations 2002 —

(a) in regulation 3, for paragraph (3) substitute the following paragraph—

(3) These Regulations shall not apply to the master or crew of a ship or to the employer of such persons in respect of the normal shipboard activities of a ship’s crew which—

(a) are carried out solely by the crew under the direction of the master; and

(b) are not liable to expose persons other than the master and crew to a risk to their health and safety,

and for the purposes of this paragraph “ ship ” includes every description of vessel used in navigation, other than a ship forming part of Her Majesty’s Navy.

(b) in regulation 8, for paragraph (1) substitute the following paragraph—

(1) Every employer who provides any control measure to meet the requirements of regulation 6 shall ensure that—

(a) in the case of plant and equipment, including engineering controls and personal protective equipment, it is maintained in an efficient state, in efficient working order, in good repair and in a clean condition; and

(b) in the case of the provision of systems of work and supervision and any other measure, it is reviewed at suitable intervals and revised if necessary.