Hazard laws tightened up

Health and safety legislation on the control of hazardous substances, lead and asbestos has been tightened up in order to comply with European requirements. Legislation amending three existing sets of Regulations came into force on 21 November. New Regulations relating to explosive atmospheres came into force on 9 December.

The Control of Substances Hazardous to Health Regulations 20021 (COSHH), the Control of Lead at Work Regulations 2002 (CLAW)2 and the Control of Asbestos at Work Regulations 20023 (CAW) replace the COSHH Regulations 1999, CLAW Regulations 1998 and the CAW Regulations 1987. Revised Approved Codes of Practice (ACoPs) have also been published to support the new COSHH and CLAW Regulations. Both the new COSHH4 and CLAW5 ACoPs include advice on the duties to make arrangements to deal with accidents, incidents and emergencies. The COSHH ACoP also includes an appendix providing guidance on the control of substances that cause occupational asthma.

Proposals for the new sets of regulations were announced more than a year ago (see Changes to hazardous substances legislation) in order to meet health requirements of the European Union's Chemical Agents Directive (CAD). The Directive should, however, have been implemented by May 2002.

Emergency planning

The CAD requires employers to carry out risk assessments for chemical agents; prevent or adequately control exposure; monitor exposure; place employees under health surveillance; and provide employees with information, instruction and training. Thus, according to the Health and Safety Executive (HSE): "Most of the changes simply make explicit what is currently implicit in the current Regulations and Approved Codes of Practice." The Regulations, however, include a new requirement for employers, in certain circumstances, to draw up detailed procedures for dealing with accidents, incidents and emergencies that involve hazardous substances.

The HSE believes that employers already meeting current legislative requirements and ACoPs should largely be in compliance with the revised duties. However, the HSE says: "Many smaller firms which prefer legislation in a form that sets out more precisely what they must do to comply with the law are expected to welcome the increased prescription in the Regulations."

Other changes

In addition to amendments required by the CAD, the COSHH and CAW Regulations have been amended to bring in other changes:

  • The CAW Regulations include a new requirement to manage asbestos in workplace buildings (see Changes to hazardous substances legislation for details). The duty has a lead-in period of 18 months and comes into force on 21 May 2004. There is also a 24-month lead-in period for a new requirement for laboratories that analyse suspected asbestos-containing materials to be accredited by the United Kingdom Accreditation Service. This duty comes into force on 21 November 2004.

  • Certain sections of Schedule 3 of the COSHH Regulations (on biological agents) have been moved into the main Regulations to make it clear that COSHH covers all exposures to biological agents - in other words, deliberate working and incidental exposure.

  • A revised maximum exposure limit (MEL) for vinyl chloride monomer came into force on 21 November. The revised MEL, which implements part of an EC Directive on carcinogens, has been set at 3 parts per million (8-hour time-weighted average).

    Dr James Neilson, head of the HSE's Biological Agents Policy Unit, said: "Many of the changes to COSHH are designed to make it clear that the Regulations apply to both chemical and biological agents, whether or not exposure to such biological agents is deliberate, such as for laboratory workers, or incidental, for sewage workers, cleaners and farmers. The changes will help ensure that employers adequately assess the risks to their employees' health from exposure to biological agents at work and, where appropriate, take the necessary steps to prevent or adequately control the risks from that exposure."

    Fire and explosive atmospheres

    Not all the CAD's requirements are incorporated in the above new laws. Sections of the CAD dealing with safety risks, such as from fire and explosion, have been implemented by the Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEA Regulations)6. These Regulations also implement the requirements of the Explosive Atmospheres Directive.

    The DSEA Regulations, which will be accompanied by an ACoP and guidance, apply to all dangerous substances at almost every business in the UK. They set minimum requirements for the protection of workers from fire and explosion risks related to dangerous substances and potentially explosive atmospheres. They will also require the classification of workplaces where there is a risk of explosion to be demarcated into hazardous and non-hazardous areas. A synopsis of the DSEA Regulations is given in the box below.

  • The HSE has released a regulatory impact assessment (RIA) of the new COSHH and CLAW Regulations. RIAs are required by the government whenever regulations are proposed that will have "an impact on businesses, charities or voluntary bodies". It is available from Michael J Ryan, HSE, Rose Court, 2 Southwark Bridge, London SE1 9HS, tel: 020 7717 6140, fax: 020 7717 6190.

    The Dangerous Substances and Explosive Atmospheres Regulations 2002

    The DSEA Regulations apply to all workplaces where there are substances or mixtures of substances with the potential to create a risk from energy-releasing events such as fire, explosions and thermal runaway from exothermic reactions. Such substances include: petrol, liquefied petroleum gas, paints, varnishes, solvents and certain types of explosive dust (such as wood dust).

    Under the DSEA Regulations, employers and the self-employed must:

  • carry out an assessment of the fire and explosion risks of any work activities involving dangerous substances;

  • provide measures to eliminate, or reduce as far as is reasonably practicable, the identified fire and explosion risks;

  • apply measures, so far as is reasonably practicable, to control risks and to mitigate the detrimental effects of a fire or explosion;

  • provide equipment and procedures to deal with accidents and emergencies; and

  • provide employees with information and precautionary training.

    • Additionally, from 30 June 2003, where explosive atmospheres may occur:

  • the workplaces should be classified into hazardous and non-hazardous places, and any hazardous places classified into zones on the basis of the frequency and duration of an explosive atmosphere, and where necessary marked with a sign;

  • equipment in classified zones should be safe, and should satisfy the requirements of the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 1996; and

  • the workplaces should be verified by a competent person as meeting the requirements of the DSEA Regulations.

    • 1Control of Substances Hazardous to Health Regulations 2002, SI 2002 no.2677. ISBN 0 11 042919 2, the Stationery Office, London. Full text: www.legislation.hmso.gov.uk/si/si2002/20022677.htm .

    2Control of Lead at Work Regulations 2002, SI 2002 no.2676. ISBN 0 11 042917 6, the Stationery Office, London. Full text: www.legislation.hmso.gov.uk/si/si2002/20022676.htm .

    3Control of Asbestos at Work Regulations 2002, SI 2002 no.2675. ISBN 0 11 042918 4, the Stationery Office, London. Full text: www.legislation.hmso.gov.uk/si/si2002/20022675.htm .

    4Control of Substances Hazardous to Health Regulations 2002, Approved Code of Practice, L5, ISBN 0 7176 2534 6, available from HSE Books, PO Box 1999, Sudbury, Suffolk CO10 2WA, tel: 01787 881165 or fax: 01787 313995, price £10.50.

    5Control of Lead at Work Regulations 2002 (third edition). Approved Code of Practice and Guidance, L132, ISBN 0 7176 2565 6, available from HSE Books, price £10.50.

    6Dangerous Substances and Explosive Atmospheres Regulations 2002, SI 2002 no.2776. ISBN 0 11 042957 5, the Stationery Office, London. Full text: www.legislation.hmso.gov.uk/si/si2002/20022776.htm .