Control of Substances Hazardous to Health (Amendment) Regulations (Northern Ireland) 1999

Explanatory Note

(This note is not part of the Regulations.)

1.  These Regulations implement, as regards Northern Ireland, that part of Commission Directive No. 96/55/EC (O.J. No. L231, 12.9.96, p. 20) adapting to technical progress for the second time Annex I to Council Directive No. 76/769/EEC (O.J. No. L262, 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 the supply of specified substances for use at work. They do so by amending the Control of Substances Hazardous to Health Regulations (Northern Ireland) 1995 (S.R. 1995 No. 51 as amended by S.R. 1995 No. 60 and S.R. 1998 No. 67) (COSHH).

2.  The Regulations amend the entry for vinylidene chloride in Schedule 1 (List of substances assigned maximum exposure limits) to COSHH to include an alternative name (“1,1-Dichloroethylene”) for that substance (regulation 2(2)).

3.  The Regulations substitute, for Schedule 2 (Prohibition of certain substances hazardous to health for certain purposes) to COSHH, the revised Schedule 2 set out in the Schedule to these Regulations. The main changes are:

(a) in column 1, at item 3, named substances whose use as a parting material in connection with the making of metal castings is not prohibited are specified;

(b) in column 1, after item 5, additional items 6 and 7 have been inserted specifying purposes for which the use of ground or powdered flint or quartz other than natural sand is prohibited;

(c) former items 6, 7 and 8 have been renumbered as items 8, 9 and 10;

(d) former item 9 has been renumbered item 11 and sub-paragraph (b) thereof has been amended to include references to European Council Directives Nos. 91/156/EEC (O.J. No. L78, 26.3.91, p. 32) and 91/689/EEC (O.J. No. L377, 31.12.91, p. 20) which amend Council Directive No. 75/442/EEC (O.J. No. L194, 25.7.75, p. 39) which approximates the laws, regulations and administrative provisions of the Member States relating to waste disposal;

(e) a new item 12 has been inserted which adds to the list of those substances hazardous to health whose use is prohibited for specified purposes certain chlorinated solvents whose supply for use at work in diffusive applications is prohibited (regulation 2(3)).

4.  The Regulations correct an error in Schedule 8 (Other substances and processes to which the definition of “carcinogen” relates to COSHH, in the chemical name of mustard gas by substituting for the words “B,B9Dichlorodiethyl” the words “b, b9-Dichlorodiethyl” (regulation 2(4)).