The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Employment of Young Persons) Regulations 1998

Regulation 5

SCHEDULE Non-exhaustive list of agents, process and work

I. Agents

Physical agents

1.—(a) Ionising radiation;

(b) Work in a high pressure atmosphere, eg in pressurised containers, diving.

Biological agents

2.—(a) Biological agents belonging to groups 3 and 4 within the meaning of Article 2(d) of Council Directive 90/679/EEC of 26 November 1990 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)(1).

Chemical Agents

3.—(a) Substances and preparations classified according to Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances(2) with amendments and Council Directive 88/379/EEC of 7 June 1988 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations(3) as toxic (T), very toxic (Tx), corrosive (C) or explosive (E);

(b) Substances and preparations classified according to Directives 67/548/EEC and 88/379/EEC as harmful (Xn) and with one or more of the following risk phrases:

• danger of very serious irreversible effects (R29),

• possible risk of irreversible effects (R40),

• may cause sensitisation by inhalation (R42),

• may cause sensitisation by skin contact (R43),

• may cause cancer (R45),

• may cause heritable genetic damage (R46),

• danger of serious damage to health by prolonged exposure (R48),

• may impair fertility (R60),

• may cause harm to the unborn child (R61);

(c) Substances and preparations classified according to Directives 67/548/EEC and 88/379/EEC as irritant (Xi) and with one or more of the following risk phrases:

• highly flammable (R12);

• may cause sensitisation by inhalation (R42);

• may cause sensitisation by skin contact (R43);

(d) Substances and preparations referred to in Article 2(c) of Council Directive 90/394/EEC of 28 June 1990 on the protection of workers from the risks related to exposure to carcinogens at work (Sixth individual directive within the meaning of Article 16(1) of Directive 89/391/EEC)(4);

(e) Lead and compounds thereof, inasmuch as the agents in question are absorbable by the human organism;

(f) asbestos.

Processes and work

1.  Processes at work referred to in Annex I to Directive 90/394/EEC.

2.  Manufacture and handling of devices, fireworks or other objects containing explosives.

3.  Work with fierce or poisonous animals.

4.  Animal slaughtering on an industrial scale.

5.  Work involving the handling or equipment for the production, storage or application of compressed, liquefied or dissolved gases.

6.  Work with vats, tanks, reservoirs or carboys containing chemical agents referred to in paragraph 1.3.

7.  Work involving a risk of structural collapse.

8.  Work involving high-voltage electrical hazards.

9.  Work the pace of which is determined by machinery and involving payment by results.

(1)

O.J. No. L374, 31.12.1990, p.1.

(2)

O.J. No. 196, 16.8.1967, p.1. As last amended by Directive 93/697/EEC (O.J. No. L268, 29.10.1993, p.71).

(3)

O.J. No. L187, 16.7.1988, p.14. As last amended by Directive 93/18/EEC (O.J. No. L104, 29.4.1993, p.46).

(4)

O.J. No. L196, 26.7.1990, p.1.