Amendment of the Dangerous Substances and Explosive Atmospheres Regulations 2002

13.—(1) The Dangerous Substances and Explosive Atmospheres Regulations 2002(1) are amended as follows.

(2) In regulation 2—

(a) omit the definition of “approved classification and labelling guide”;

(b) omit the definition of “the CHIP Regulations”;

(c) before the definition of “dangerous substance” insert—

““the CLP Regulation” means Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation EC (No) 1907/2006, of which Articles 6(5), 11(3), 12, 14, 18(3)(b), 23, 25 to 29, 35(2) second and third sub-paragraphs and Annexes I to VII are to be read as amended from time to time;”;

(d) for the definition of “dangerous substance”, substitute—

““dangerous substance” means—

(a)

a substance or mixture which meets the criteria for classification as hazardous within any physical hazard class laid down in the CLP Regulation, whether or not the substance is classified under that Regulation;

(b)

a substance or mixture which because of its physico-chemical or chemical properties and the way it is used or is present in the workplace creates a risk, not being a substance or mixture falling within subparagraph (a) above; or

(c)

any dust, whether in the form of solid particles of fibrous materials or otherwise, which can form an explosive mixture with air or an explosive atmosphere, not being a substance or mixture falling within subparagraphs (a) or (b) above;”;

(e) for the definition of “hazard” substitute—

““hazard” means the physico-chemical or chemical property of a dangerous substance which has the potential to—

(a)

give rise to a fire, explosion or other events which can result in harmful physical effects of a kind similar to those which can be caused by fire or explosion; or

(b)

be corrosive to metals,

affecting the safety of a person, and references in these Regulations to “hazardous” is to be construed accordingly;;”;

(f) after the definition of “hazard”, insert—

““mixture” means a mixture or solution composed of two or more substances;”; and

(g) omit the definition of “preparation”.

(3) In Schedule 5—

(a) for “The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 (S.I. 2002/1689)”, substitute “the CLP Regulation”; and

(b) for “The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2007 (S.I. 2007/1573)”, substitute “The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 (S.I. 2009/1348)”.

(1)

S.I. 2002/2776; amended by S.I.2004/568, 2007/1573 and 2009/716; there are other amending instruments but none is relevant.