Welcome
Meeting topics 2008
Oct-08 Seminar: Managing Workplace Risk
H & S Events 2008 & Things to Ponder
Jul-07 mins: workplace asbestos
Aug-07 mins: workplace visit
Sept-07 mins: H & S Management Systems
Nov-07 mins CDM07 & Working at height
Apr-08 mins: HSE update
Dec-07 mins - Employment law update
Jan-08 Mins - Chemical Legislation
Feb-08 Mins - Behavioural Safety & Mentoring
Mar-08 mins - Health Surveillance
May-08 mins - Dynamic Risk Assessment
Jun-08 mins Rural Safety & Accident Investigation
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Jan-08 Mins Chemical Legislation
Next meeting: 21st February 2008, The Netherwood Hotel, 13.30 hrs (new time!)
www.netherwood-hotel.co.uk
Topic 1: MentoringSpeaker: Tim Briggs, Leeds Metropolitan University &Chairman, IOSH Mentoring Working GroupTopic 2: Behavioural SafetySpeaker: Nick Wharton, JOMC LtdChemical Legislation
Joint meeting with
South Cumbria Occupational Health and Safety Group
Martin Fishwick, Chairman, welcomed everyone and introduced Roger Bentley on his return visit, to give an update on Chemical Legislation and REACH.
Roger said his talk would cover most UK legislation about the use and transport of chemicals and dangerous substances.
Control of Substances Hazardous to Health Regulations 2002 (COSHH; amended 2003 & 2004).
Roger explained that the first COSHH legislation was passed in 1988 and was one of the first regulations to specify rather than imply a requirement for risk assessment. COSHH has been updated several times since its introduction - the current version being the Control of Substances Hazardous to Health Regulations 2002 (amended 2003 & 2004).
COSHH placed duties on employers and employees, but particularly employers, to prevent or adequately control the exposure of employees to substances which are hazardous to health, through a process of risk assessment and control. It clearly laid out the requirements for health protection at work, using the now established partnership of Regulations, Approved Codes of Practice (ACOP), and supporting guidance.
The most recent and significant change has been to chemical exposure levels. Originally there were two categories: Occupational Exposure Limits (OESs) and Maximum Exposure Limits (MELs). Now all chemical exposure limits are known as Work Exposure Limits (WELs); information about these can be found in HSE EH40 and on the HSE’s website.
The ACOP sets out two route maps as examples of how COSHH compliance can be achieved. One route involves the use of the HSE tool COSHH Essentials, while the other starts from first principles.
Roger explained HSE’s eight principles of COSHH good practice:
- Design systems to minimise emission, release and spread of substances hazardous to health.
- Consider all routes of exposure eg inhalation, skin absorption and ingestion.
- Use control measures proportionate to the health risk.
- Choose - most effective and reliable control options.
- Personal Protective Equipment (PPE) - last resort.
- Check and review the effectiveness of systems put in place.
- Inform and train staff.
- Ensure overall H&S risk does not increase due to unintended consequences.
COSHH essentials has been expanded over the years and is available online from the HSE - see www.hse.gov.uk
Roger reminded the Group that there are two hazardous substances: lead and asbestos not covered by COSHH because they are covered by specific regulations.
Dangerous Substances Explosive Atmosphere Regulations 2002 (DSEAR)
Roger then explained that DSEAR, 2002 deals with safety hazards created by hazardous atmospheres, including, gas, vapours and dust whereas COSHH deals with health hazards.
Workplace Risk Assessments are required and in some cases hazardous area classification is required. The area classification shows level of risk, the control measures required and the type of equipment suitable in these areas. This can overlap with fire risk assessment.
Control of Major Accident Hazards Regulations 1999 (COMAH; amended 2005)
During the 1950s the chemical industry grew enormously and bulk quantities of materials and chemicals were stored and distributed. The number of major incidents increased. For example: the Flixborough accident in the UK where 28 people were killed, and the Seveso explosion in Italy where dioxins were released in a runaway reaction leading to widespread contamination. Following the Seveso accident the EU issued a Directive that was incorporated into UK law by the Control of Industrial Major Accident Hazards (CIMAH) Regulations 1984.
These regulations set threshold quantities for dangerous substances used in industrial activities, or in isolated storage, above which the manufacturer was required to provide a safety report and to have emergency plans.
Following further EU Directives the COMAH 1999 Regulations replaced the CIMAH 1984 Regulations. Later amendments in 2005 included land use-planning requirements
Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2007
Roger defined dangerous goods as liquid or solid substances and articles that have been tested and assessed against internationally agreed criteria - a process called classification.
He explained that the carriage of dangerous goods by road or rail is regulated by international agreements and European Directives, including biennial updates of Directives to take account of technological advances. These deal with the transport of chemicals and dangerous goods across Europe and include a series of regulations defining the classification of chemicals and the symbols that need to be displayed on vehicles under:
ADR - the European Agreement for the International Carriage of Dangerous Goods by Road and
RID - the Regulations for the International Carriage of Dangerous Goods by RailThe Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 (CHIP 3; amended 2004 and 2005; these regulations replaced CHIP 1 and 2)The CHIP regulations set out the requirements for the labelling and classification of chemicals and dangerous substances supplied by manufacturers and importers. The Health and Safety Executive (HSE) classified substances are listed in the "Approved Supply List". Substances not listed, and all preparations, must be self-classified by the supplier using the detailed criteria given such as toxic, irritant and corrosive.Once classified, the chemicals must be suitably packaged and labelled and a CHIP compliant Safety Data Sheet (SDS) must be prepared (except where the chemicals are supplied for retail sale and there is sufficient information provided with the chemical for it to be used safely). This SDS should ideally be sent by the supplier in advance of the product so that a COSHH assessment can be carried out. Legally, it must, at the latest, accompany the actual product.All hazardous substances must be supplied with Safety Data Sheets setting out hazard classification and other essential information. It is the suppliers’ responsibility to provide a Safety Data Sheet containing data under the 16 mandatory headings. These sheets must not be confused with Risk Assessments. Safety Data Sheets contain chemical/substance hazard information whereas Risk Assessments consider potential handling risks after assessing the task, and quantities of chemical(s) or hazardous substances used.Importers are responsible for providing Safety Data Sheets, in English, that comply with UK regulations. Roger felt the general quality of Safety Data Sheets could be improved.United Nations (UN) proposed a Globally Harmonised System for the Classification and Labelling of Chemicals (GHS) On June 27th 2007, the EU adopted a proposal from the European Commission for a regulation on "The Globally Harmonised System of Classification and Labelling of Chemicals (GHS)". This proposal is just the first stage in the legislative process.Roger explained that the CHIP Regulations will be repealed when the new GHS Regulation is fully in force (anticipated June 2015); though there may need to be partial repeals in the interim. The EU GHS Regulation will still have the general obligation currently in CHIP 3 to classify and label chemicals and package them safely, but will also bring in:- Some new criteria to classify hazards.- Some new hazard symbols (called pictograms) eg orange symbols replaced with red and white diamonds. - New Hazard Statements and Precautionary Phrases to replace the current Risk and Safety Phrases - similar phrases with new identity numbers- Acute toxicity is still based on LD50 but assigned into one of five categories instead of toxic, very toxic and harmful.- A new duty to notify the European Chemicals Agency of classifications.There are on-going consultations in the EU. As part of this process an HSE consultative document, CD213, is available online and will form the basis of implementing recommendations from the UN and Europe into UK law. The HSE web site has some good information and highlights the main changes.Regulation, Evaluation, Authorisation and Restriction of Chemicals Regulations 2007 (REACH). Roger then went on to discuss the major change in chemical legislation. REACH, is a new EU regulation that came into force on 1st June 2007 and replaces a number of European Directives and Regulations with a single system and will be “phased in” over 11 years.REACH is not intended to change any of the existing provisions such as the Chemical Agents Directive and the Carcinogens Directive, or the COSHH regulations in the UK. However, there is an obvious overlap between the duties under COSHH to assess risks to health and apply Principles of Good Control Practice, and the production of exposure scenarios and risk management measures under REACH. Further consideration and guidance may be needed on how these legislative arrangements will work in tandem.The new system includes:
- EU Registration of chemical substances manufactured or imported and associated requirements for information and communication in the supply chain;
- EU evaluation of the information supplied on safety and use of selected substances by member states.
- EU authorisation for chemicals of high concern, based on health (eg carcinogens and mutagens) or environmental hazards (eg persistent and bio-accumulative).
- Restrictions at EU-level triggered by other concerns.
- A European Chemicals Agency ‘ECHA’ (in Helsinki) to manage the system. This becomes operational on 1 June 2008.
REACH Implementation Projects
In the UK, DEFRA is the lead government department for REACH, but national legislation has been passed making the HSE (working together with the Environment Agency/SEPA/EHSNI) the ‘Competent Authority’ who will be responsible for enforcement. Both organisations and many others have published information on their websites. This is vital as the regulation itself including appendices runs to several hundred pages. HSE has also set up a helpdesk for manufacturers and importers.
Manufacturers & ImportersThere is a new responsibility for manufacturing companies (and those importing into the EU) to demonstrate that the substances they produce (>1 tonne per annum) can be used safely for workers and the environment both on their own premises and by their customers (called ‘downstream users’), throughout the entire life cycle of the substance. Chemical Safety Report There is a requirement for a chemical safety report to be prepared (unless less than 10 tonnes per annum is marketed) and identification of appropriate risk management measures. Hazard assessment of the chemical and identification of exposure scenarios (defined as "…the set of conditions that describe how the substance is manufactured or used during its life-cycle and how the manufacturer or importer controls, or recommends downstream users to control, exposures of humans and the environment…") are essential elements in complying with these requirements.The regulation applies to articles that contain chemicals, if the chemical will or could be released. An example is an ink cartridge. Mixtures/formulations/preparations do not have to be registered, but there may be implications for downstream users related to the registration requirements for the individual components.Exemptions- Waste.
- Partial exemption: medicinal products, cosmetics and food/feedstuffs.
Pre-registration - the first phase of REACH – six months starting June 2008 - Aims to identify manufacturers and importers with a shared interested in specific chemicals.
- Manufacturers or importers of more than one ton of chemical per year into the UK must pre-register. There are no fees with pre- registration. Failing to pre-register before November 2008 could have dire consequences.Other requirements will be applied progressively, starting with the most hazardous and the greatest tonnage on the EU market. New substances cannot be marketed until all the requirements have been net. Phase in rules do not apply for new substances.If you are a user, check that your suppliers have registered the material under REACH.Registration Deadlines:
Dec 2010 - “phase-in” substances where more than 1000 tonnes per annum are marketed and, for “substances of high concern” if more than 1 tonne per annum is marketed
June 2013 - “phase-in” substances 100 -1000 tonnes per annum
June 2018 - “phase-in” substances 1 - 100 tonnes per annumNew substances or not pre-registered - have to undergo registration process (including testing) before more than 1 tonne per annum marketedChanges to Safety Data Sheets - will be required to include consideration of hazards resulting from the usage of the material; there may be several.In conclusion Roger reminded us that the HSE web site www.hse.gov.uk has more information about REACH and a help line.Martin Fishwick, Chairman, thanked Roger for a very informative presentation and handed over a small gift.
Val Kennedy then gave a short presentation on IOSH professional issues based on information provided by Hazel Harvey, Director, IOSH Professional Affairs, at the IOSH Branch Officials’ meeting (November 2007). Further details available in the South Cumbria IOSH District minutes posted on the IOSH Manchester & NW Districts' website www.ioshmanchester.co.uk |
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