The Control of Substances Hazardous to Health (Amendment) Regulations (Northern Ireland) 2005

Amendment of the Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003 N.I.

3.  In the Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003(1) –

(a) in regulation 2(1) –

(i) the definition of “maximum exposure limit” shall be omitted;

(ii) the definition of “occupational exposure standard” shall be omitted;

(iii) after the definition of “the risk assessment” there shall be added 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” there shall be substituted the words “a workplace exposure limit”;

(v) after the definition of “workplace” there shall be added the following definition –

• ““workplace exposure limit” for a substance hazardous to health means the exposure limit approved by the Executive for that substance in relation to the specified reference period when calculated by a method approved by the Executive, as contained in the Great Britain Health and Safety Executive publication “EH/40 Workplace Exposure Limits 2005” as updated from time to time.”;

(b) in regulation 3, for paragraph (3) there shall be substituted 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)(f), for the words “occupational exposure standard, maximum exposure limit”, there shall be substituted the words “workplace exposure limit”;

(d) in regulation 7 –

(i) for paragraph (7), there shall be substituted 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 the Great Britain Health and Safety Executive publication “Asthmagen? Critical assessments of the evidence for agents implicated in occupational asthma”(2) 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.”; and

(ii) paragraph (8) shall be omitted;

(e) in regulation 9, for paragraph (1) there shall be substituted 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” there shall be substituted the words “workplace exposure limit”; and

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

(g) to the end of Schedule 2 there shall be added –

(i) in column 1 the entry –

“13.   Cement and cement-containing preparations which contain, when hydrated, more than 0·0002% soluble chromium (VI) of the total dry weight of the cement.”; and

(ii) to correspond with it in column 2 the entry –

• “Supply and use for all purposes except for controlled, closed and totally automated processes in which cement and cement-containing preparations are handled solely by machines and in which there is no possibility of contact with the skin.”; and

(h) after Schedule 2 there shall be inserted the Schedule set out in the Schedule to these Regulations.

Commencement Information

I1 Reg. 3(a)(c)(d)(e)(f)(h) in operation at 1.6.2005, see reg. 1

I2 Reg. 3(b)(g) in operation at 1.5.2005, see reg. 1

(1)

S.R. 2003 No. 34

(2)

HSE Books 1997 ISBN 0 7176 1465 4