Control of Substances Hazardous to Health (Amendment) Regulations (Northern Ireland) 2003

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003 (S.R. 2003 No. 34) by adding –

(a) a definition of “mutagen” to regulation 2(1) and amending references in regulations 7 and 13 to “carcinogen” to include “mutagen” thereby implementing paragraphs 2 to 4 of article 1 of Council Directive 1999/38/EC (O.J. No. L138, 1.6.1999, p. 66) amending for the second time Council Directive 90/394/EEC (O.J. No. L196, 26.7.90, p. 1) on the protection of workers from the risks related to exposure to carcinogens at work; and

(b) 17 polychlorodibenzodioxins and polychlorodibenzofurans to the list of substances in Schedule 1 to which the definition of “carcinogen” relates.

In Great Britain, the corresponding Regulations are the Control of Substances Hazardous to Health (Amendment) Regulations 2003 (S.I. 2003/978). Copies of the Regulatory Impact Assessment relating to those Regulations together with a Northern Ireland Supplement are held at the offices of the Health and Safety Executive for Northern Ireland at 83 Ladas Drive, Belfast BT6 9FR from where copies may be obtained on request.

A person who contravenes these Regulations or any requirement or prohibition imposed thereunder, is guilty of an offence under Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978 and is liable, on summary conviction, to a fine not exceeding the statutory maximum (currently £5,000) or, on conviction on indictment, to a fine.