Environment law bulletin: Health and safety at work

United Kingdom

United Kingdom

COSHH

The Control of Substances Hazardous to Health Regulations (COSHH) 2002 (SI 2002 No 2677) came into force on 21 November 2002. They replace the COSHH Regulations 1999 (SI 1999 No. 437) and impose duty on employers to protect employees and other persons who may be exposed to substances hazardous to health. They also impose some duties on employees concerning their own protection. The new Regulations were necessary to implement some health requirements under the Chemical Agents Directive (98/24/EC) concerning the protection of health and safety of workers from risks related to chemical agents at work. Other changes to COSHH have been made to clarify that the Regulations apply to biological agents as well as to chemicals. The new COSHH Regulations are also accompanied by a new approved code of practice published by the HSC. It incorporates the formerly separate COSHH general, carcinogens and biological agents approved codes of practice into a single code of practice.
(SO, 24 October 2002: HSC, December 2002)

The HSC has published a consultative document seeking views on proposals for two amendments to the COSHH Regulations 2002. The first concerns users of substances classified by the EU as Category 1 or 2 mutagens. It will require users to apply the control measures that COSHH requires for carcinogens and is designed to implement part of the EU’s second amendment to the Carcinogens Directive (1999/38/EC), which extends the original directive to cover the mutagens concerned. In practice, this will only affect users of the substance triglycidyl isocyanurate (TGIC) as it is the only mutagen not already classified as a carcinogen. It is commonly used as a curing agent in powder coating paints applied to industrial and household products such as car parks, washing machines and refrigerators. The second change proposed in the consultative document would clarify the status of 17 dioxins by defining them as carcinogens, and is most relevant to the aluminium recycling industry. The consultation closed on 10 January 2003.
(HSC, October 2002)

Explosive atmospheres

Most of the provisions in the Dangerous Substances and Explosive Atmospheres Regulations 2002 (SI 2002 No 2776) came into force on 9 December 2002. The Regulations are aimed at eliminating or reducing risks to safety from fire, explosion or other events arising from dangerous substances in the workplace. They implement in Great Britain the EU Chemical Agents Directive (98/24/EC) as far as the Directive relates to safety, as well as a Directive on minimum requirements for safety for protecting workers at risk from explosive atmospheres (99/92/EC). The Regulations apply to all dangerous substances at almost every business in the UK and sets minimum requirements for the protection of workers from fire and explosion risks. Such substances will include petrol, LPG, paints, varnishes, solvents and certain explosive dusts. The Regulations will require employers to carry out an assessment of the fire and explosion risks of any work activities involving these dangerous substances and provide measures to reduce the risks. Additionally, from 30 June 2003, where explosive atmospheres may occur the workplace, they should be classified into hazardous and non-hazardous places.
(SO, 7 November 2002)

Offshore hydrocarbons

The HSE has announced that hydrocarbon releases from offshore installations although decreasing, still require further reduction. This area is currently one of the HSE’s key programmes of work and a target was set for industry to achieve a 50% reduction in the number of major and significant hydrocarbon releases by the end of 2003-2004. During the first two years of the programme, up to the end of March 2002, there was a 21.6% reduction, with the number of releases in the major category falling by 66%. The Head of HSE’s Offshore Safety Division also stated that the vast majority of hydrocarbon releases occur as a result of failure to follow basic procedures such as the securing of bolted pipe joints.
(HSE Press Release, 28 November 2002)

Metal working fluids

The HSE has produced guidance on good practice for metal working fluids. Metal working fluids can cause dermatitis, and there are around 200 cases reported each year related to exposure to cutting oils and coolants. There is also evidence to suggest that exposure to these fluids can cause respiratory effects including asthma. The guidance shows through case studies, the steps needed to achieve control and how failings that result in increased working exposure may reduce business profitability.
(HSE, October 2002)

Metal processing plants

A study of the potential for dioxin exposure in the workplace has found that the highest levels occur at metal processing plants. Dioxins are believed to have a number of potential health effects including cancer and very high exposures can cause a disfiguring skin condition known as chloracne. They are produced under certain conditions when organic material is burnt, although simple precautions are able to reduce the level considerably. Although a municipal waste incinerator tested in the study had relatively low air levels of dioxins, metal processing sites and, in particular, aluminium recycling sites, contained the highest air and dust levels.
(HSE, October 2002)

Ammonium nitrate

DEFRA is consulting on a draft Statutory Instrument concerning the Ammonium Nitrate Materials (High Nitrogen Content) Safety Regulations 2003. The new Regulations would be made under the Health and Safety at Work Etc Act 1974 as they are designed to reduce the risk of accidental or deliberate explosion of ammonium nitrate. Requirements set out in the proposed regulations are based largely on a draft EU Council Regulation on Fertiliser Standards expected to be made towards the end of 2003. This will require fertilisers containing 28% or more by weight of nitrogen from ammonium nitrate to satisfy a Detonation Resistance Test (DRT) in order to be designated as EC fertilisers. However, the domestic Regulation would extend this requirement to any such material whether or not designated as an EC fertiliser and whether or not described as a fertiliser at all. DEFRA has stated that it will implement the Regulations for Great Britain before the EU Regulation enters into force in order to reduce the risk of accidental or deliberate explosion as the EU Regulation may be some time from finalisation. All responses to the consultation must be received by 11 February 2003.
(DEFRA, December 2002)

For further information please contact Paul Sheridan on 020 7367 2186 or at [email protected]