The Control of Substances Hazardous to Health Regulations 1999

Made: 20th February 1999

Laid before Parliament: 4th March 1999

Coming into force: 25th March 1999

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Citation and commencement

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Interpretation

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Duties under these Regulations

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Prohibitions relating to certain substances

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Application of regulations 6 to 12

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Assessment of health risks created by work involving substances hazardous to health

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Prevention or control of exposure to substances hazardous to health

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Use of control measures etc.

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Maintenance, examination and test of control measures etc.

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Monitoring exposure at the workplace

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Health surveillance

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Information, instruction and training for persons who may be exposed to substances hazardous to health

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Provisions relating to certain fumigations

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Exemption certificates

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Extension outside Great Britain

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Defence in proceedings for contravention of these Regulations

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Exemptions relating to the Ministry of Defence etc.

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Revocations, amendments and savings

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Extension of meaning of “work"

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Modification of section 3(2) of the 1974 Act

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SCHEDULE 1 — OTHER SUBSTANCES AND PROCESSES TO WHICH THE DEFINITION OF “CARCINOGEN" RELATES

• Aflatoxins.

• Arsenic.

• Auramine manufacture.

• Calcining, sintering or smelting of nickel copper matte or acid leaching or electrorefining of roasted matte.

• Coal soots, coal tar, pitch and coal tar fumes.

• Hard wood dusts.

• Isopropyl alcohol manufacture (strong acid process).

• Leather dust in boot and shoe manufacture, arising during preparation and finishing.

• Magenta manufacture.

• Mustard gas (β,β' -dichlorodiethyl sulphide).

• Rubber manufacturing and processing giving rise to rubber process dust and rubber fume.

• Used engine oils.

SCHEDULE 2 — PROHIBITION OF CERTAIN SUBSTANCES HAZARDOUS TOHEALTH FOR CERTAIN PURPOSES

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2-naphthylamine; benzidine;

• 4-aminodiphenyl; 4-nitrodiphenyl;

• their salts and any substance containing any of those compounds, in a total concentration equal to or greater than 0.1 per cent by mass.

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Sand or other substance containing free silica.

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A substance—

• (a) containing compounds of silicon calculated as silica to the extent of more than 3 per cent by weight of dry material, other than natural sand, zirconium silicate (zircon), calcined china clay, calcined aluminous fireclay, sillimanite, calcined or fused alumina, olivine; or

• (b) composed of or containing dust or other matter deposited from a fettling or blasting process.

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Carbon disulphide.

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Oils other than white oil, or oil of entirely animal or vegetable origin or entirely of mixed animal and vegetable origin.

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Ground or powdered flint or quartz other than natural sand.

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Ground or powdered flint or quartz other than—

• (a) natural sand; or

• (b) ground or powdered flint or quartz which forms parts of a slop or paste.

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Dust or powder of a refractory material containing not less than 80 per cent of silica other than natural sand.

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White phosphorus.

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Hydrogen cyanide.

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Benzene and any substance containing benzene in a concentration equal to or greater than 0.1 per cent by mass, other than—

• (a) motor fuels covered by Council Directive 85/210/EEC (OJ No. L96, 3.4.85, p. 25);

• (b) waste covered by Council Directives 75/442/EEC (OJ No. L194, 25.7.75, p. 39), as amended by Council Directive 91/156/EEC (OJ No. L78, 26.3.91, p. 32), and 91/689/EEC (OJ No. L377, 31.12.91, p. 20).

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The following substances—

• Chloroform CAS No. 67–66–3;

• Carbon Tetrachloride CAS No. 56–23–5;

• 1,1,2 Trichloroethane CAS No. 79–00–5;

• 1,1,2,2 Tetrachloroethane CAS No. 79–34–5;

• 1,1,1,2 Tetrachloroethane CAS No. 630–20–6;

• Pentachloroethane CAS No. 76–01–7;

• Vinylidene chloride (1,1 Dichloroethylene) CAS No. 75–35–4;

• 1,1,1 Trichloroethane CAS No. 71–55–6,

and any substance containing one or more of those substances in a concentration equal to or greater than 0.1 per cent by mass, other than—

• (a) medicinal products;

• (b) cosmetic products.

SCHEDULE 3 — SPECIAL PROVISIONS RELATING TO BIOLOGICAL AGENTS

PART I — PROVISIONS OF GENERAL APPLICATION TO BIOLOGICAL AGENTS

Interpretation

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In this Schedule—

• “cell culture” means the in-vitro growth of cells derived from multicellular organisms;

• “diagnostic service” means any activity undertaken solely with the intention of— testing for the presence of or identifying a biological agent, isolating or identifying other organisms from specimens or samples containing or suspected of containing a biological agent, analysing specimens or samples from a human patient or animal in which a biological agent is or is suspected of being present for purposes relating to the assessment of the clinical progress, or assistance in the clinical management, of that patient or animal, and “diagnosis” shall be construed accordingly;

• “Group” means one of the four hazard Groups specified in paragraph 3 to which biological agents are assigned.

Application

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• (1) This Schedule shall have effect with a view to protecting employees against risks to their health, whether immediate or delayed, arising from exposure to biological agents except that paragraph 11 shall not apply in relation to a particular biological agent where the results of the assessment made under regulation 6 indicate that—

• (a) the activity does not involve a deliberate intention to work with or use that biological agent; and

• (b) there is no significant risk to the health of employees associated with that biological agent.

• (2) Unless otherwise expressly provided, the provisions of this Schedule shall have effect in addition to and not in substitution for other provisions of these Regulations.

Classification of biological agents

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• (1) The Health and Safety Commission shall approve and publish for the purposes of this Schedule a document, which may be revised or re-issued from time to time, entitled “Categorisation of Biological Agents according to hazard and categories of containment” containing a list of biological agents together with the classification of each agent which it has approved, and any reference in this Schedule to “approved classification” in relation to a particular biological agent shall be construed as a reference to the classification of that agent which appears in the said document.

• (2) Where a biological agent has an approved classification, any reference in these Regulations to a particular Group in relation to that agent shall be taken as a reference to the Group to which that agent has been assigned in that approved classification.

• (3) Where a biological agent does not have an approved classification, the employer shall provisionally classify that agent in accordance with sub-paragraph (4) below, having regard to the nature of the agent and the properties of which he may reasonably be expected to be aware.

• (4) When provisionally classifying a biological agent the employer shall assign that agent to one of the following Groups according to its level of risk of infection and, if in doubt as to which of two alternative Groups is the most appropriate, he shall assign it to the higher of the two—

• (a) Group 1—unlikely to cause human disease;

• (b) Group 2—can cause human disease and may be a hazard to employees; it is unlikely to spread to the community and there is usually effective prophylaxis or treatment available;

• (c) Group 3—can cause severe human disease and may be a serious hazard to employees; it may spread to the community, but there is usually effective prophylaxis or treatment available;

• (d) Group 4—causes severe human disease and is a serious hazard to employees; it is likely to spread to the community and there is usually no effective prophylaxis or treatment available.

Assessment of health risks

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Without prejudice to the generality of regulation 6, every employer who intends to carry on any work which is liable to expose his employees to any biological agent shall take account of the Group into which that agent is classified when making an assessment of the risks created by that work.

Prevention of exposure to a biological agent

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Without prejudice to the generality of regulation 7(1), if the nature of the activity so permits, every employer shall ensure that the exposure of his employees to a particular biological agent is prevented by substituting a biological agent which is less hazardous.

Control of exposure to biological agents

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• (1) Where there is a risk of exposure to a biological agent and it is not otherwise reasonably practicable to prevent that exposure then it shall be adequately controlled, in particular by the following measures which are to be applied in the light of the results of the assessment—

• (a) keeping as low as practicable the number of employees exposed or likely to be exposed to the biological agent;

• (b) designing work processes and engineering control measures so as to prevent or minimise the release of biological agents into the place of work;

• (c) displaying the biohazard sign shown in Part IV of this Schedule and other relevant warning signs;

• (d) drawing up plans to deal with accidents involving biological agents;

• (e) specifying appropriate decontamination and disinfection procedures;

• (f) instituting means for the safe collection, storage and disposal of contaminated waste, including the use of secure and identifiable containers, after suitable treatment where appropriate;

• (g) making arrangements for the safe handling and transport of biological agents, or materials that may contain such agents, within the workplace;

• (h) specifying procedures for taking, handling and processing samples that may contain biological agents;

• (i) providing collective protection measures and, where exposure cannot be adequately controlled by other means, individual protection measures including, in particular, the supply of appropriate protective clothing or other special clothing;

• (j) where appropriate, making available effective vaccines for those employees who are not already immune to the biological agent to which they are exposed or are liable to be exposed;

• (k) instituting hygiene measures compatible with the aim of preventing or reducing the accidental transfer or release of a biological agent from the workplace, including, in particular—

• (i) the provision of appropriate and adequate washing and toilet facilities, and

• (ii) the prohibition of eating, drinking, smoking and application of cosmetics in working areas where there is a risk of contamination by biological agents.

• (2) In this paragraph, “appropriate” in relation to clothing and hygiene measures means appropriate for the risks involved and the conditions at the place where exposure to the risk may occur.

Special control measures for health and veterinary care facilities

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In health and veterinary care isolation facilities where there are human patients or animals which are, or are suspected or being, infected with a Group 3 or Group 4 biological agent, the employer shall select the most suitable containment measures from those listed in Part II of this Schedule with a view to controlling adequately the risk of infection.

Special control measures for laboratories, animal rooms and industrial processes

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• (1) Every employer who is engaged in any of the activities specified in sub-paragraph (3) below shall ensure that measures taken to control adequately the exposure of his employees to biological agents include, in particular, the most suitable combination of containment measures from those listed in Parts II and III of this Schedule as appropriate, taking into account—

• (a) the nature of the activity specified in sub-paragraph (3) below;

• (b) the minimum containment level specified in sub-paragraph (4) below;

• (c) the assessment of risk made under regulation 6; and

• (d) the nature of the biological agent concerned.

• (2) An employer who is engaged in—

• (a) any of the activities specified in paragraph (a) or (b) of sub-paragraph (3) below shall select measures from Part II of this Schedule;

• (b) the activity specified in paragraph (c) of sub-paragraph (3) below shall select measures from Part III of this Schedule and, subject to sub-paragraph (4) below, when making that selection he may combine measures from different categories of containment on the basis of a risk assessment related to any particular process or part of a process.

• (3) The activities referred to in sub-paragraph (1) above are—

• (a) research, development, teaching or diagnostic work in laboratories which involves the handling of a Group 2, Group 3 or Group 4 biological agent or material containing such an agent;

• (b) keeping or handling of laboratory animals which have been deliberately infected with a Group 2, Group 3 or Group 4 biological agent or which are, or are suspected of being, naturally infected with such an agent; and

• (c) industrial processes which involve the use of a Group 2, Group 3 or Group 4 biological agent.

• (4) The minimum containment level referred to in sub-paragraph (1) above shall be—

• (a) level 2 for activities involving the handling of a Group 2 biological agent;

• (b) level 3 for activities involving the handling of a Group 3 biological agent;

• (c) level 4 for activities involving the handling of a Group 4 biological agent;

• (d) level 2 for laboratories which do not intentionally work with biological agents but handle materials in respect of which there exist uncertainties about the presence of a Group 2, Group 3 or Group 4 biological agent;

• (e) level 3 or 4, where appropriate, for laboratories which do not intentionally work with biological agents but where the employer knows or suspects that such a containment level is necessary; except where guidelines approved by the Health and Safety Commission indicate that, in the particular case, a lower containment level is appropriate; and

• (f) level 3 for activities where it has not been possible to carry out a conclusive assessment but concerning which it appears that the activity might involve a serious health risk for employees.

Examination and maintenance of personal protective equipment

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• (1) Every employer who provides personal protective equipment, including protective clothing, to meet the requirements of these Regulations as they apply to biological agents shall ensure that it is—

• (a) properly stored in a well-defined place;

• (b) checked and cleaned at suitable intervals; and

• (c) when discovered to be defective, repaired or replaced before further use.

• (2) Personal protective equipment which may be contaminated by biological agents shall be—

• (a) removed on leaving the working area; and

• (b) kept apart from uncontaminated clothing and equipment.

• (3) The employer shall ensure that the equipment referred to in sub-paragraph (2) above is subsequently decontaminated and cleaned or, if necessary, destroyed.

Information for employees

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• (1) Every employer shall provide written instructions at the workplace and, if appropriate, display notices which shall include the procedure to be followed in the case of—

• (a) an accident or incident which has or may have resulted in the release of a biological agent which could cause severe human disease;

• (b) the handling of a Group 4 biological agent or material that may contain such an agent.

• (2) Every employee shall report forthwith, to his employer or to any other employee of that employer with specific responsibility for the health and safety of his fellow employees, any accident or incident which has or may have resulted in the release of a biological agent which could cause severe human disease.

• (3) Every employer shall inform his employees or their representatives—

• (a) forthwith, of any incident which has or may have resulted in the release of a biological agent which could cause severe human disease; and

• (b) as soon as practicable thereafter, of—