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Health, Safety and Environment LegislationA Pocket Guide

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Health, Safety andEnvironment LegislationA Pocket Guide

R. Day, B P h a r m , M P h il , L L B , M R P h a r m S , B a r ri st erAEGIS Enuironmental and Sqfety Services Ltd, DartfordE. Rowland, MA, LLM , Barr is terEdward Rowland Consulting

Coordinating Editor,J.A.Reader, BSc, PhD, CChem, FRSC, FRSAA E G I S Environmental cxnd Safety Services Ltd, Dartford

RSaCadvancing the chemical sciences

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ISBN 0-85401-497-3A catalogue record for this book is available from the British Library0 he Royal Society of Chemistry 2003A11 righh re.wved.Apurtfmany Jk i r deding jbr lhe pu7pose of reseamh or priwrle sfudy, r criticismur review u perndld u7uiUr lhe lpnnr of&U K Copy@, Designs andP&&s A d ,1988, his publicdion may not be reproduced,stored m lransndled, in any fmn m byany wars, uihv.d the jnimpennkim in writ ing of lhe RDyal Society of ClretniSlly,m in the case of wpmgraphic wprodwt ion d y n mcordume with the t m s of fhelicences kmed by dw Copy@ l k m i n g Agency in the UK, r in accordume with lheterms of dw &mes i w d by tlw approprinte ReprwaWlliors Rights Organizudionoulsidp llre UK. nquhies c m m i n g i-epoflwtliors u t s i h lhe lermr slated here s h d dbe sml l o The Royal Socity of C h i s h y nb lhe &re.ss pint& m has pup.Published by The Royal Societyof Chemhtry,llo m aq Graham House, Science Pdrk, Milton Road,Cambridge CB4 OWF,UKRegistered Charity Number 407890For further information see our web site at www.rsc.orgTypeset hy Land &Unwin, Bughrnoke, Northamptonshire, U KPrinted by TJ International,Padstow,Cornwall

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PrefaceIgnorance of the law excuses no man

John Selderi, legal antiquarian and politician, (1584-1654)During the last decade, following the publication of theGovernments White Paper, This Common Inheritance in 1990,concern for the environment has continued to grow. Moreover, re-organisation of the Governments management of the environmentwith the establishirient of the Environment Agency has beenassociated with a proliferation o f environmental legislation. Forthose in business, employers and employees, it is always difficult todecide on the best ways to remain well informed on environmentallegal requirements and individual responsibilities. Since ignoranceof the law is no defence, familiarity with the law throughout theorganisation must be encouraged. A Pocket Guide to EnvironmentalLaw was first published in 1993 to provide compact, u p to date,information in a readily accessible and easily manageable form - afirst port of call for environmental law. It was easily carried toprovide immediate information out on site and could be used as aprimary reference document in the oflice.Long before care for the environment was a popular topic, concernfor the health and safety of industrial workers was well established.Redgraves f i x t o r i a Acts was first published more than 120 yearsago. Th e legal framework for health and safety legislation is moreestablished than that for environmental legislation; the major pieceof legislation, for the former, being the Health and Safety at Worketc. Act 1974, and from 1974 nuineroiis regulations have beenmade under the Act to keep the law up to date.In the last few years, health and safety nianageinent andenvironmental management have shared more arid more commonground; accordingly, follo~~irighe success of the Pocket Guide toEnmironmental I m u , last published in October 1997, the environ-mental law text provided by Edward Rowland has now beenrewritten and updated by Rob Day who has also written a newsection on Health & Safety Law, the vast majority of whichconcerns the Kegulatioris made under the Health and Safety at

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vi PrefaceWork etc. Act 1974. The two closely related sections on Health &Safety and Environment are presented together in this singlevolume.The enlarged guide is still intended to be an easily carriedpreliminary reference document which is supplementary to largerand more detailed volumes and CDs on Health & Safety andEnvironmental Law. The guide is not intended to give legal adviceand readers should seek professional aid when dealing withspecific situations.For the Guide to retain a conveniently srnall size, it contains themost relevant Acts and Regulations omitting certain specific areasof limited application, for example, Health and Safety of OffshoreInstallations.Each of the 98 subsections is divided into 12 parts for easy accessto information:1 . The relevant Acts and/or Regulations.2. Key dates related to that legislation.3 . The purpose of the legislation.4. The methods by which that purpose is to be achieved.5. The relevant regulatory authorities.6. What arid whom the legislation covers.7. The requirements of employers/employees to meet the

legislation.8. What needs to be disclosed.9. Any cornplenientary legislation.10. Related EC legislation.

1 1. Comments.12. Related documentation.The readers attention is drawn to the most recent additions;namely, information on CHIP 3 , July 2002 (Seclion 3.4),Genetically Modified Organisms, October 2002 (Section 9. l) ,Control of Asbestos at Work, November 2002 (Section 3.2),COSHH, November 2002 (Section 3.6) and Control of Lead atWork, November 2002 (Section 3.8).All the material is current asof 21 November, 2002.

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Preface viiFinally, it pays to be proactive and not to be forever fighting arearguard action. The relevant regulatory authorities, in myexperience, have been understanding and helpful in discussingdifficulties that may arise in the management of Health 8c Safetyand Erivironrriental topics. They have knowledge, from a wideassortment of operations, which should never be ignored.We would like to thank Mrs Janet Freshwater CChern MRSC,Commissioning Editor, and her colleagues at The Royal Society ofChemistry, for their help and support in the publication of thisguide.J.A. Reader

1. E . Kowland, Pocket Guide to En7)zronm~ntalAU J , 1st edition, 1993,ILX Publishing.2. Redgrahes Factories Acts has undergone several changes overthe years and is now available as Redgraves Health and Safety, 4th

edition, 2002 , Butterworth & Co.The editor would appreciate any suggestions for additions ordeletions and corrigenda for a further edition.

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ContentsA HEALTH AND SAFETY

1 GENERAL1.1 General Framework1.2 General Management Framework

Health and Safety at Work etc. Act 1974Management of Health and Safety at Work Regulations1999 (SI 1999 No. 3242)Health and Safety (Enforcing Authority) Regulations1998 (SI 1998 No. 494)Employers Liability (Compulsory Insurance) Act 1969Employers Liability (Compulsory Insurance)Regulations 1998 (SI 1998 No. 2573)

1.3 Enforcement

1.4 Insurance

2 EXTERNAL NOTIFICATIONS2.1

2.2

2.32.4

2.5

Accident ReportingReporting of Injuries, Diseases and DangerousOccurrences Regulations 1995 (SI 1995 No . 3163)(RIDDOK)Emergency Services NotificationsDangerous Substances (Notification and Marking ofSites) Regulations 1990 (ST 1990 No. 304)EnforcementEnvirontnent and Safety Information Act 1988Fire CertificatesFire Precautions Act 197 1 as amended by the FireSafety and Safety of Places of Sport Act 1987Hazardous Substances NotificationNotification of Installations Handling HazardousSubstances Regulations 1982 (S1 1982 No. 1357)

337

11

13

1515

18

2123

26

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ContPnt.52.6 Notifications of Presence of Hazardous Substances/Planning

Planning (Hazardous Substances) Act 1990Planning (Hazardous Substances) Regulations 1992(SI 1992 No . 656)Planning (Control of Major Accident Hazards)Regulations 1999 (SI 1999 No. 981)Petroleurn (Consolidation) Act 1928Control of Major Accident Hazards Regulations 1999(SI 1999 No . 743) (COMAH)

2.9 Radiation -Emergency ProvisionsRadiation (Emergency Preparedness and PublicInformation) Regulations 2001 (SI 2001 No . 2975)

2.10 Radioactive Substances ControlRadioactive Substances Act 1993Radioactive Substances (Clocks arid Watches) (Englandand Wales) Regulations 2001 (SI 2001 No . 4005)

2.7 Petroleum

2.8 Prevention of Major Accidents

3 SUBSTANCES3.1 Asbestos - Licensing

Asbestos (Licensing) Regulations 1983 (SI 1983No . 1649)Asbestos (Licensing) (Amendment) Regulations 1998(SI 1998 No. 3233)

3.2 Asbestos -WorkControl of Asbestos at Work Kegulatioris 2002 (SI 2002No. 2675)Biocidal Products Regulatioris 2001(SI 2001 No . 880)Chemicals (Hazard Irifoi-rriatioriarid Packaging forSupply) Regulations 2002 (SI 2002 No .1689) (CHIP 3)

3.3 Biocidal Products3.4 Classification, Packaging and Labelling

ix

29

32

34

38

41

4444

47

5255

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X3.5

3.6

3.7

3.8

3.9

3.10

3.11

Contents60angerous Goods Carriage

Carriage of Dangerous Goods (Classification,Packaging and Labelling) and Use ofTransportable Pressure Receptacles Regulations 1996(SI 1996 No. 2092)Hazardous SubstancesControl of Substances Hazardous to HealthKegulations 2002 (S I 2002 No. 2677) (COSHH)Highly Flammable Liquids and Liquefied PetroleumGasesHighly Flarnniable Liquids arid Liquefied PetroleumGases Regulations 1972 (SI 1972 No. 917) (HFL andLPG)LeadControl of Lead at Work Regulations 2002 (SI 2002No. 2676)New SubstancesNotification of New Substances Regulations 1993(SI 1993 No . 3050)Notification of New Substances (Amendment)Regulations 2002 (SI 2002 No . 2176)Radioactive SubstancesIonising Radiations Regulations 1999 (SI 1999No. 3232)Safety Adviserslransport of Dangerous Goods (Safety Advisers)Regulations 1999 (SI 1999 No . 257)

4 PLANT AND EQUIPMENT4.1 Batteries and Accumulators

Batteries and Accumulators (Containing DangerousSubstances) Regulations 1994 (SI 1994 No. 232)Batteries and Accumulators (Containing DangerousSubstances) Amendment Regulations 2000 (SI 2000No. 3097) and 2001 (S1 2001 No . 2551)

63

68

70

74

78

83

8686

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Contents xi4.2

4.3

4.4

4.5

4.6

4.7

4.8

4.9

4.10

4.11

Cooling Towers and Evaporative Condensers

Display Screen Equipment 9 2

89Notification of Cooling Towers and EvaporativeCondenser Regulations 1992 (SI 1992 No . 2225)Health and Safety (Display Screen Equipment)Regulations 1992 (SI 1992 No. 2792) (DSERegulations)Electricity at Work Regulations 1989 (SI 1989 No. 635)Equipment arid Protective Systems Intended for Use inPotentially Explosive Atmospheres Regulations 1996(S I 1996 No. 192)Equipment and Protective Systems Intended for Use inPotentially Explosive Atrnospheres (Amendment)Regulations 2001 (S I 2001 No . 3766)Lifting Operations and Lifting Equipment Regulations1998 (SI 1998 No . 2307) (LOLER)Personal Protective Equipment- Head ProtectionConstruction (Head Protection) Regulations 1989 (SI1989 No. 2209)Personal Protective Equipment-WorkPersonal Protective Equipment at Work Kegulations1992 (SI 1992 No. 2966) (PPE Regulations)

Pressure Systems Safety Regulations 2000 (SI 2000No . 128)lransportable Pressure Vessels Regulations 200 1(SI 2001 No. 1426)Work Equipment 115Provision and Use of Work Equipment Regulations1998 (SI 1998 No. 2306) (PUWER)

Electricity 95Explosive Atmospheres 97

Lifting - Mechanical 100103

105

Pressure Systems 108

Transportable Pressure Vessels 111

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xii Contents5 PREMISES 1195.1 Construction 119

Construction (Design and Management) Regulations1994 (SI 1994 No. 3140) (CONDAM)Construction (Design and Management) (Amendment)Regulations 2000 (SI 2000 No. 2380)Construction (Health, Safety and Welfare) Regulations1996 (SI 1996 No. 1592)Health and Safety (Safety Signs and Signals)Regulations 1996 (SI 1996 No . 341)

5.4 Workplace 127Workplace (Health, Safety and Welfare) Regulations1992 (SI 1992 No. 3004) (Workplace Regulations)

5.2 Construction Premises 122

5.3 Safety Signs and Signals 125

6 EMPLOYEES 1316.16.2

6.3

6.4

6.5

Confined Spaces 131Employee Consultation-with EmployeesConfined Spaces Regulations 1997 (SI 1997 No. 1713)Health arid Safety (Consultation with Employees)Regulations 1996 (SI 1996 No . 1513)Employee Consultation- Information for Employees 137Health arid Safety Information For EmployeesRegulations 1989 (SI 1989 No. 682)Health and Safety Information For Employees(Modifications and Repeals) Regulations 199.5 (S1 1995No. 2923)First Aid 139Health and Safety (First Aid) Regulations 1981(SI 1981 No . 917)Genetically Modified Organisms 141Genetically Modified Organisms (Contained Use)Kegulations 2000 (SI 2000 No. 2831)

134

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Contents xiii6.6

6.76.8

6.9

6.10

6.11

Manual Handling 145Manual Handling Operations Regulations 1992(S1 1992 No. 2793)Noise 148Noise at Work Regulations 1989 (SI 1989 No. 1790)Pregnant Women 151Management of Health and Safety at Work Regulations1999 (SI 1999 No. 3242) Regulations 16, 17 and 18Whistle-blowers 153Public Interest Disclosure Act 1998Public Interest Disclosure (Compensation) Regulations1999 (Sl 1999 No . 1548)Public Inlerest Disclosure (Prescribed Persons) Order1999 (SI 1999 No . 1549)Working Time 156Working Iinie Regulations 1998 (SI 1998 No . 1833) asamended by the Working Time Regulations 1999(SI 1999 No. 3372)Management of Health and Safety at Work Regulations1999 (SI 1999 No . 3242) Regulation 19Young Persons 159

B ENVIRONMENT7 INTEGRATED POLLUTION CONTROL 1637.1 Integrated Pollution Prevention and Control (IPPC) andLocal Air Pollution Prevention and Control (LAPPC)

Pollution Prevention and Control Act 1999Pollution Prevention and Control (England and Wales)Regulations 2000 (SI 2000 No . 1973) (PPCR)Pollution Prevention and Control (Scotland)Regulations 2000 (SSI 2000 No . 323)Pollution Prevention and Control (England arid Wales)(Amendment) Kegulations 2001 (SI 2001 No. 503)Pollution Prevention arid Control (England and Wales)

163

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xiv ContPnts(Amendment) Regulations 2002 (SI 2002 No. 275) andAmendment No . 2, 2002 (SI 2002 No. 2197)Pollution Prevention and Control (England and Wales)Regulations 2000 (SI 2000 No . 1973)Pollution Prevention and Control (Scotland)Regulations 2000 (SSI 2000 No. 323)

7.2 PPCR Regulated Installations 169

8 AIR POLLUTION 1738.1

8.2

8.3

8.4

Air Quality Standards 173Air Quality Standards Regulations 1989 (S1 1989No. 3 17)Air Quality Standards (Amendment) Regulations 1995(SI I995 No. 3146)Air Quality Limit Values Regulations 2001 (SI 2001No . 2315)iGr Quality Limit Values (Scotland) Regulations 200 1(SSI 2001 No. 224)Air Quality Limit Values (Wales) Regulations 200 1(S1 2001 No . 2683)Air Quality Standards and ObjectivesEnvironment Act 1995 Part IVAir Quality (England) Regulations 2000 (SI 2000No . 928)Air Quality (Wales) Kegulations 2000 (SI 2000 No. 1940)A I ~uality (Scotland) Regulations 2000 (SSI 2000No. 97)Asbestos 179Control of Asbestos in the Air Regulations 1990(SI 1990 No . 556)Clean Air 181Clean Air Act 1993Dark Smoke (Permitted Periods) Regulations 1958(S1 1958 No. 498)Clean Air (Arrestment Plant) (Exemption) Regulations1969 (SI 1969 No . 1262)

176

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Contents xv

8.5

8.6

8.7

8.8

Clean Air (Height of Chimneys) (Exemption)Regulations 1969 (SI 1969 No. 41 1)Clean Air (Emission of Grit and Dust from Furnaces)Regulations 1971 (SI 1971 No . 162)Finance Act 2000 s 30 and Schedule 6Climate Change Levy (Registration and MiscellaneousProvisions) Regulations 2001 (SI 2001 No . 7)Climate Change Levy (Combined Heat and PowerStations) Exemption Certificate Regulations 200 1(SI 2001 No. 486)Climate Change Levy (General) Regulalions 200 1(SI 2001 No. 838)Climate Change L,evy (General) (Amendment)Regulations 2002 (SI 2002 No . 1152)EC Kegulation on Substances that deplete the OzoneLayer (2037/2000/lX) ( k X Regulation)EC Regulation on substances that deplete the ozonelayer, as regards metered dose inhalers and medicaldrug pumps (20S8/LOOO/EC)EC Regulation on substances that deplete the ozonelayer, as regards the base year for the allocation ofquotas of hydrochlorofluorocarbons (2039/2000/E

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xvi9 GENETICALLY MODIFIED ORGANISMS9.1 Deliberate Release and Marketing

Environment Protection Art Part V I GeneticallyModified OrganismsGenetically Modified Organisms (Deliberate Release)Regulations 2002 (S1 2002 No. 2443)

Con ents198198

10 WATER POLLUTION 20210.1

10.2

10.3

10.4

10.5

10.6

Abandoned Mines 202The Mines (Notice of Abandonment) Regulations 1998(SI 1998 No . 892)Water Resources Act 1991 Section 9 1BDischarges to Controlled WatersWater Resources Act 199 1Control of Pollution (Applications, Appeals andRegisters) Regulations 1996 (SI 1996 No . 2911)Anti-pollution Works Regulations 1999 (SI 1999No. 1006)Discharges to SewersWater Industry Act 1991Water Industry Act 1999GroundwaterGroundwater Regulations 1998 (S1 1998No . 2746)Oil StorageControl of Pollution (Oil Storage) (England)Regulations 2001 (SI 2001 No . 29.54)Prescribed Processes and Substanceslrade Effluents (Prescribed Processes and Substances)Regulations 1989 (SI 1989 No . 1156)Trade Effluents (Prescribed Processes andSubstances) (Amendment) Regulations 1990(SI 1990 No . 1629)Trade Emuents (Prescribed Processes and Substances)Regulations 1992 (SI 1992 No . 339)

204

209

213

2 16

219

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Content.\ xvii10.7 U rban Waste Water Treatment 222Urban Waste Water Treatment (England arid Wales)

Kegulations I994 (SI 1994 No . 2841)Urban Waste Water Treatment (Scotland) Regulations1994 (SI 1994 No. 2842)

11 WASTE 22511.1

11.2

11.3

11.4

Contaminated Land 225Environmental Protection Act 1990 Part TIA:Contaminated LandContaminated Land (England) Regulations 2000(SI 2000 No . 227)Contaminated Land (Scotland) Regulations 2000(SSI 2000 No. 178)Contaminated Land (Wales) Regulations 2001 (SI 200 1No . 2 197)Control of Waste Carriers 229Control of Pollution (Amendment) Act 1989Controlled W'aste (Registration of Carriers andSeizure of Vehicles) Regulations 1991 (SI 1991 No .1624)Controlled Waste (Registration of Carriers andSeizure of Vehicles) (Amendment) Regulations 1998(S1 1998 No . 605)Duty of Care 232Environmental Protection (Duty of Care) Regulations1991 (SI 1991 No . 2839)Erivirorirrierital Protection Act 1990 Section 34Lan dfill Tax 235Landfill Tax Regulations 1996 (SI 1996 No . 1527)Landfill 'Iax (Amendment) Regulations 1996 (SI 1996No . 2100), (Amendment)Regulations 1998 (SI 1998 No . 61) 1999 (S1 1999No. 3270) and 2002 (SI 2002 N o . 1)Finance Act 1996Landfill Tax (Qualifying Material) Order 1996(S1 1996 No . 1528)

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xviii

11.511.6

11.7

11.8

11.9

ContentsLandfill Tax (Contaminated Land) Order 1996(SI 1996No. 1529)Landfill Tax (Site Restoration and Quarries) Order1999 (S1 1999 N o . 2075)Finance Act 2000Litter 239Environmental Protection Act 1990 Part 1 V 1,itterOffshore Chemical Use or Discharge 24 1Offshore Chemicals Regulations 2002 (SI 2002No. 1355)Packaging Waste 244Producer Responsibility Obligations (Packaging Waste)Regulations 1997 (SI 1997 No . 648)Producer Responsibility Obligations (Packaging Waste)(Amendment) Regulations 1999 (S I 1999 No. 136l),(Amendment) (N o . 2) Regulations 1999 (SI 1999No . 3447)Producer Responsibility Obligations (Packaging Waste)(Amendment) (England and Wales) Regulations 2000(SI 2000 No. 3375)Producer Responsibility Obligations (Packaging Waste)(Amendment) (England) Regulations 2002 (SI 2002No. 732)Packaging Essential Requirements 248The Packaging (Essential Requirements) Regulations1998 (S1 1998 No . 1165)Special Waste Regulations 1996 (SI 1996 No. 972)Special Waste (Amendment) Regulations 1996 (S I 1996No . 2019) and (Amendment) Regulations 1997 (SI1997 No. 251), 2001 (SI 2001 No . 3148), 2001 (SI2001 No. 3545 - Wales only)

Special Waste 25 1

11.10 Transfrontier Shipments 255EC Regulation 259/93 on the Supervision and Controlof Shipments of Waste within, into and out of theCommunity

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Contents xixTransfrontier Shipment of Waste Regulations 1994 (SI1994 No. 1137)Environmental Protection Act 1990 Part 11: Waste onIdandControlled Waste Regulations 1992 (SI 1992 No. 588)Controlled Waste (Amendment) Regulations 1993(S1 1993 No. 556)Environment Act 1995

11.12 Waste M anagement Licen sing 262Waste Management licensing Regulations 1994 (SI1994 No. 1056)Waste Management Iken si ng (Amendment)Regulations 1995 (SI 1995 No. 288) and (AmendmentNo. 2) Regulations 1995 (SI 1995 No. 1950),(Amendment) Regulations 1996 (SI 1996 No. 1279),(Amendment) Regulations 199'7 (SI 1997 No. 2203),(Amendment) Regulations 1998 (SI 1998 No. 606)(Amendment) Regulations 2002 (SI 2002 No. 6'74)Environtnent Act 1995Waste Managetnent Regulations 1996 (SI 1996No. 634)Waste Management (Miscellaneous Provisions)Regulations 1997 (SI 1997 No. 351)

1 1.11 Waste M anagem ent 258

12 EXTERNAL NO ISE12.1 Misce l laneousControl of Pollution Act 1974 Part 111: NoiseControl of Noise (Mcasurernent and Register)

Regulations 1976 (SJ 1976 No. 37)Control of' Noise (Codesof Practice for Constructionand Open Sites) (England) Order 2002 (S1 2002No. 461)Noise and Statutory Nuisance Act 199312.2 No ise in the Street

267267

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ContmtsOutdoor Equipment 273Noise Emission in the Environment by Equipment foruse Outdoors Regulations 2001 (SI 2001 No . 1701)Noise Emission in the Environment by Equipment foruse Outdoors (Arnendrnent) Kegulatioris 200 1 (SI 200 1No. 3958)Road Vehicles 276Road Vehicles (Construction and Use) Regulations1986 (SI 1986 No . 1078) (as amended)Environmental Protection Act 1990 Part 111: StatutoryNuisances arid Clean k rStatutory Nuisance (A4ppeals) egulations I 995(Sl 1995 No . 2644)

Statutory Nuisances 279

xx12.3

12.4

12.5

13 HAZARDOUS MATERIALS13.1

13.2

13.3

13.4

CadmiumEnvironmental Protection (Controls on InjuriousSubstances) (No. 2 ) Regulations 1993 (SI 1993No. 1643)HexachloroethaneEnvironmental Protection (Controls onHexachloroethane) Regulations 1998 (SI 1998No . 545)

282282

284

Mercury Compounds/DBBetc. 286Environmental Protection (Controls on InjuriousSubstances) Kegulatioiis 1992 (S1 1992 No. 31)PCBs/PCTs 289Environmental Protection (Disposal of PolychlorinatedBiphenyls aiid Other L)angerous Substances) (Englandand Wales) Regulations 2000 (SI 2000 No. 1043)Environmental Protection (Disposal of PolychlorinatedBiphenyls and Other Dangerous Substances) (Englandand Wales) (Amendment) Regulations 2000 (SI 2000No. 3359)

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Contents13.5 PCP

Environmental Protection (Controls on InjuriousSubstances) Regulations 1993 (SI 1993 No . 1)Environmental Protection (Controls on InjuriousSubstances) (Amendment) Regulations 200 1 (SI 200 1N o . 3141)Environmental Protection (Controls on InjuriousSubstances) (No . 2) Regulations 1992 (SI 1992No. 1583)

13.6 Ugilec 121/Ugilec 141/DBBT

14 ENVIRONMENTAL INFORMATION14.1 Ecolabelling

EC Regulation 880/92 oti a Cotnmunity EcolabelAward SchemeUnited Kingdom Ecolabelling Board (Abolition)Regulations 1999 (SI 1999 No. 931)

XXl

293

296

298298

14.2 Environmental Information 301Environmental Information Regulations 1992 (SI 1992No . 3240)Environmental Information (Amendment) Regulations1998 (SI 1998 No . 1447)

15 PLANNING AND ENVIRONMENTAL ASSESSMENT 30415.1 Environment Impact 304Iown and Country Planning (Environmental Impact

Assessment) Regulations 1999 (SI 1999 No . 293)Town and Country Planning (Environmental ImpactAssessment) (England and Wdes) (Amendment)Regulations 2000 (SI 2000 No . 2867)Town and Country Planning Act 1990Town and Country Planning (Use Classes) Orde r 1987(SI 1987 No . 764) (as amended)Town and Country Planning (Applications) Regulations1988 (SI 1988 No. 1812)

15.2 Land Use and Development Control 310

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xxii C'ontmtsTown arid Country Planning (General PermittedDevelopment) Order 1995 (SI 1995 No. 418) (asamended)Town and Country Planning (General DevelopmentProcedure) Order 1995 (SI 1995 No. 419) (asamended)Town and Country Planning (Development Plan)Regulations 1999 (SI 1999 No. 3280)

16 NATURE CONSERVATION 31416.1 Protection of Wildlife and Countryside 314Wildlife and Countryside Act 1981

Wildlife and Countrysidc (Amendment) Act 1991Wildlife and Countryside Act 198 1 (Amendment)Regulations 1995 (SI 1995 No. 2823)

17 ENERGY CONSERVATION 31817.1 Energy Information -Certain Appliances 318Energy Information (Refrigerators and Freezers)

Regulations 1994 (SI 1994 No. 3076)Energy Information (Washing Machines) Regulations1996 (SI 1996 No . 600),Energy Information(Washing Machines) (Amendment) Regulations 1997(SI 1997 No. 803)Energy Information (Tumble Driers) Kegulations 1996(SI 1996 No. 601)Energy Information (Combined Washer-Driers)Kegulations 1997 (SI 1997 No. 1624)Energy Information (Lamps) Regulations 1999 (SI1999 No . 1517)Energy Information (Dishwashers) Regulations 1999(SI 1999 No . 1676)Energy Information arid Energy Efficiency(Miscellaneous Amendments) Regulations 200 1(S I 2001 No . 3142)

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Contents xxiii17.2 Building -Energy Usage 322Building Regulations 2000 (SI 2000 No. 253 1)

Building (Amendment) Regulations 200 1 (SI 2001No. 3335)Subject IndexUseful Guides Cited in the TextChemical Abbreviations

3253 3 13 3 2

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A HEALTH AND SAFETY

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Enables detailed Regulations and Codes of Practice to be passedunder the Act.

0 Provides enforcement regime - making breach a criminaloffence.

0 Establishes Employment Medical Advisory Service.

REGULATORY AUTHORITY0 HSE.

Environmental Health Departments of local authoritics.

1 GENERAL

1 .1 General FrameworkLEGISLATION0 Health and Safety at Work ptc. Act 1974.

KEY DATES0 Duties on employers and others in force from 1/4/75. Other

sections in force from 1/9/74 or 1/1/75.

PURPOSE0 To secure the health, safety and welfare of persons at work and

to protect persons other than persons at work against the risk tohealth or safety arising from work activities.

APPROACH0 Establish general legal duty to ensure health, safety and welfareof anyone affected by work activities.0 Establish the Health and Safety Commission (HSC) and the

Health and Safety Executive (HSE) to take appropriate action tofurther objectives ofAct.

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4COVERAGE

Legislation applies to all work places and all persons at work,except for servants in domestic premises. Crown bodies, p .g . H MForces are covered but they cannot be prosecuted under the Act.

HPalth, Safety and Environrrzent Legidntzon

COMPLIANCE REQUIREMENTSEmployers must comply with a duty to ensure the health, safetyand welfare of all their employees so far as is reasonablypracticable. This is one of the most important sections of the Actand in essence the employer must provide a safe system of work.A non-exhaustive list of examples inchides: making adequateprovisions for safety with respect to plant and systems of work,articles and substances, information, instruction and training,supervision, place of work and working environment.A permit to work system may be an appropriate system todemonstrate compliance with the above duty in certaincircurristances,e.g. hot work.Employer of five or more employees must p repare and revise awritten health arid safety policy including organisation andarrangements to carry out the policy. This policy and anyrevisions must be brought to the notice of all employees.

0 Employers and the self-employed a re obliged to ensure, so far asis reasonably practicable, that persons other than theiremployees are not exposed to risks to their health and safety.

0 Persons in control of premises to ensure, so far as is reasonablypracticable, that the premises are safe and without risks tohealth.Designers, manufacturers, importers and suppliers of articlesand substances for use at work to ensure adequate health andsafety information is available for foreseeable uses.

0 Employees are required to take care of their own safety and thatof others and cooperate with their employer.

0 No-one must intentionally, or recklessly, interfere with safetymeasures and equipment.

0 Employers may not charge for provision of safety measuresspecifically required by law.

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GeneralDISCLOSURE

5

0 Employees are required to be informed of the safety policy.0 Articles and substance safety information.0 Any improvement or prohibition notices will be on a publicregister.

COMPLEMENTARY LEGISLATION0 Management of Health and Safety at Work Regidations 1999.0 All health and safety legislation made under the Act which is thevast majority of legislation in the Health and Safety section.

RELATED EC LEGISLAT ION0 Relevant EC Directives are listed under the summary of

Regulations most of which are enacted by Regulations madeunder this Act for the Health and Safety section.

C O MME N T S0 The Act establishes the HSC and HSE and specifies theircomposition and functions.

The Act is enabling legislation which means provision is madefor Regulations and Approved Codes of Practice to be madeunder the Act. Th e intention is to replace all health and safetypiecemeal legislation in force prior to the Act with new up todate legislation.

0 The Acts intention is to make health and safety as important asany other company function, c g . finance. Therefore breach ofthe Act and associated Regulations is a criminal offence punish-able by fines and/or imprisonment. Criminal liability onindividual persons (within a company) can occur if breach of thelegislation is committed with the consent, connivance or neglectof that person. lhis liability is restricted to directors, managers,company secretary or anyone purporting to act in such capacitywithin the company.The HSE and local authorities have the power to appointinspectors under the Act. The inspectors have very wide powers

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6 Health, Safciy and Rn-rur.onmentLegslationincluding entering premises for specified purposes, issuingirnprovernent notices (notice specifying an act must be done in aspecified time) and prohibition notices (notice prohibiting certainspecified acts either indefinitely or until specified remedialmeasures are undertaken) and taking away certain articles.

0 The Act contains powers conveyed on the HSC to requireinformation to be disclosed to them in specified circumstances.

0 The Act maintains the Employment Medical Advisory Serviceand specifies its functions and powers.

a The main duty under the Act is to maintain a safe system of workand this will involve looking at and checking procedures,practices etc. However, there was no strict legal duty to conductformal written risk assessments until the Management of Healtharid Safety at Work Regulations 1992 (now re-enacted as 1999Regulations) introduced this requirement.

RELATED DOCUMENTATION0 Safety policy.0 All documentatiori relating to health and safety.

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General 71.2 General Management FrameworkLEGISLATION0 Management of Health and Safety at Work Regulations 1999 (S11999 No . 3242).KEY DATES0 In force from 29/12/99.

PURPOSE0 To establish more stringent requirements regarding health andsafety organisation, training, health surveillance and informationand to impose obligations to temporary workers, pregnantwomen arid young persons in line with the UKs obligation toenact EC Directives.APPROACH

Requires employers to undertake self assessment of the risksassociated with their work, to identify and implement thenecessary controls, and to put in place the managementstructure, systems arid procedures, to iriaintain adequate controlof safety risks.

REGULATORY AUTHORITY0 H S E .Environmental Health Departments of local authorities.

COVERAGEAll persons at work, except for servants in domestic premises.Crown bodies, e.g. HM Forces are covered but they cannot beprosecuted under the Regulations.

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8C O M P L I A N C E R E Q U I R E M E N T S

Health, Sa jdy m i d Rntrironvient I,egyzslation

Risk assessments to be carried out by employers and the self-employed to ascertain what they have to do to comply withobligations under health and safety legislation. Such assessmentsare to be reviewed if there is a significant change o r there isreason to believe an assessment is rio longer valid. Written riskassessments are required if the employer employs five or moreemployees.Any preventative and protective measures identified shouldconform to the following order of preference:Avoid risk.0 Evaluate unavoidable risks.0 Combat risks at source.

Adapting work especially design equipment to alleviate0 Adapting to technical progress.0 Replacing dangerous by non-dangerous or less dangerous.0 Develop an overall prevention policy.

Giving collective protective measures priority over individual0 Giving appropriate instruction to employees.

0 Employers must make, give effect to arid in certain cases recordappropriate health and safety arrangements.

0 Employers must appoint an adequate number of competentpersons (as defined) to enable them to comply with health andsafety legislation. If there is a competent person employed by theemployer that person shall be the competent person in prefer-ence to a competent person riot in his employment.Employers shall establish, and give effect to, procedures forserious and irnminent danger areas.

0 Employers shall ensure that any necessary contacts with externalservices, e.g. first-aid are arranged.Employers are obliged to give certain specified information onhealth and safety to their employees including the risk asses-sments required under these Regulations.Certain specific obligations are detailed concerning employersduties towards other employees from different companies whoare working on their premises.

certain activities, 6.g. monotonous work.

measures.

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Cenerul 9a Employers must ensure that employees are provided with

adequate health and safety training and consider individuallytheir capabilities when entrusting tasks to them.

a Employees must use machinery, equipment, dangerous sub-stances, means of production and any safety equipment inaccordance with any relevant training and instructions.

0 Employers must provide temporary workers with health andsafety information prior to commencement of work.

a Employers shall ensure that employees are provided withadequate health surveillance considering the risks to their healthand safety.

DISCLOSUREa Employees have the right to know the outcome of thea Employees have the right to know the risks arising froma Employers must disclose risk information to other employers ona Employers must provide employees with such information as isa Health surveillance can raise clinical confidentiality issues.

assessments and details of emergency procedures.contractors or other employers on the site.site.necessary to do their particular j o b safely.Employees have the right to know the results.

COMPLEMENTARY LEGISLATIONa Health and Safety at Work etc. Act 1974.

RELATED EC LEGISLAT IONa EC Directive 8W91 on the introduction of measures to

encourage improvements in the safety and health of workers atwork (the Framework Directive).EC Directive 91/383 supplementing the measures to encourageimprovements in the safety and health at work of workers with afixed -d u r a t io n employ me n t re a ions hip o r a te m p o ra rye nip oym e n t re la ion hip (the Emflorary Wurkers Direct iw).

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10COMMENTS

The Health and Safety at Work etc. Act 1974 together with theseRegulations establish the framework for the management ofhealth and safety at work.Section 2 Health arid Safety at Work etr. Act 1974 provides thatemployers must ensure a safe system of work but theseRegulations, whilst still being general in terms, expand on howto provide such a safe system ~ . g .y specifying risk assessmentsmust be undertaken.

0 The Regulations are general and more specific guidance isavailable in L21 hlanagemen,tof Health an.d Safety at Work -A C O P

0 Note: requirements concerning pregnant workers and youngpersons are covered separately in the Employees section.

Health, Safety and Enmiron,nient I-egislation

RELATED DOCU ME NTAT ION0 Written risk assessments.0 Eniployees training records.Health surveillance records.0 Health and Safety structure and responsibilities.

Serious and imminent danger procedures and employee recordsof training in such procedures.

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General1.3 Enforcement

11

LEGISLATIONHealth and Safety (Enforcing Authority) Regulations 1998 (SI1998 No . 494).

KEY DATESIn force from 1i4i98.

PURPOSE0 To clarify whether HSE: or local authority are responsible for

enforcing health and safety laws (Health and Safety at Work etr.Act 1974 and other relevant statutory provisions within themeaning of this Act) in a particular premises.

APPROACHAllocates enforcement on the basis of the main activity on the site.

0 The local authority will be the enforcing authority for premiseswhere the main activity is: retail, exhibition, office activities,catering, caravan sites, consumer services in a shop, launder-ettes, cosmetic services, recreation, hiring of pleasure craft,animal accommodation, undertaking places of worship, airportcar parking and child care facilities.0 The H S R is the enforcing authority in any other case and willalways be the enforcing authority in specified cases of: mines andquarries, fairgrounds, broadcast, construction, work on gas orelectrical systems, ionising radiation, agriculture, work on boarda ship, skiing facilities, fish maggots, game breeding except in azoo, pipelines arid railway operations.Transfer of enforcement responsibility from HSE to localauthority and vice ve7-sa can occur by agreement of both bodiesand is subject to affected parties being informed.HSE, or the local authority, can apply to the HSC to determinewho is responsible for enforcement a t particular premises ifthere is uncertainty.

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12REGULATORY AUT HO RITY0 HSC.

Heallh, Sajety and E n u m n ment L e g i ~ul ion

COVERAGEAll work activities.

COMPLIANCE REQUIREMENTSDISCLOSURE

COMPLEM ENTARY LEGISLATION0 Health and Safety at Work etr. Act 1974.

RELATED EC LEG ISLATIONCO MMENTSRELATED DOCUMENTATION

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General1.4 Insurance

13

LEGISLATIONEmployers Liability (Compulsory Insurance) Act 1969.Employers Liability (Compulsory Insurance) Regulations 1998(SI 1998 No. 2573).

KEY DATES0 In force from 1/1/72.

1998 Regulations in force from 1/1/99 except provisions relatingto certificates in force from 1/4/99.

PURPOSETo ensure that adequate financial resource5 are available tocompensate employees whose employers are liable for causingbodily injury or disease to them.

APPROACH0 Imposes legal obligation on employers to take out insuranceagainst their liability to employees for bodily injury or disease

sustained during their employment.

REGULATORY AUTHORITY0 HSE.

COVERAGE0 Employed persons at work.

Exemptions include - undertakings under national ownership,police, local authorities, health authorities and governmentdepartments.

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14COMPLIANCE REQUIREMENTS

Employers must insure against their liability for bodily injury ordisease sustained by their employees dur ing their employment.Insurer must be authorised. Cover to be at least 55 million.Insurance certificate must be displayed at each work place andkept for at least 40 years.

Hpalth, Safety and Enmronment Legalation

DISCLOSUREFull and frank disclosure of all relevant facts to insurers.

COMPLEMENTARY LEGISLATION0 OKshore Installations and Pipeline Works (Management and

Administration) Regulations 1995.

RELATED EC LEGISLAT ION

C O MME N T SNormal limit of cover offered is 510 million to include legal1998 Regulations increased minimum level of cover from 2million to 55 million, changed the certificate to be displayed sothat it is easier fbr employees to understand, introduced 40-yearrecord keeping of certificates and gave HSE inspectors the rightto see past as well as present certificates.

costs.

RELATED DOCU MEN TATIONInsurance certificate, application form, policy, terms and

0 Any material disclosures to insurers including insurance survey,conditions.audit etc. of premises covered.

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2 EXTERNAL NOTIFICATIONS2.1 Accident ReportingLEGISLATION0 Reporting of Injuries, Diseases and Dangerous Occurrences

Regulations 1995 (SI 1995 No . 3163) (RIDDOR)KEY DATES

In force from 1/4/96.

PURPOSETo establish the framework within which injuries, diseases anddangerous occurrences must be reported to the enforcingauthority.

APPROACHSpecify lists of the types of injuries, diseases and outcomes ofincidents that must be reported arid the method and timescaleof making the report.Define the responsible person who should make the report andto whom it should be sent.

REGULATORY AUTHORITY0 HSE.

Environmental Health Departments of local authorities.COVERAGE0 Fatal and certain major non-fatal injuries arising ou t of, o r in

connection with. work.

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16Specified dangerous occurrences.

0 Specified reportable diseases.Additional provisions relate to mines, quarries and offshoreworkplaces.

0 Kesponsible person, including employers and persons havingcontrol ot premises in which the reportable event occurred andwhich are used to carry on any trade, business or other under-taking.

Health, Sufetj and Environment Ixgislation

COMPLIANCE REQUIREMENTSThe responsible person shall forthwith notify and within 10 dayssend a report to the enforcing authority if any of the followingoccur in connection with work:0 Any person dies.0 Any person suffers a specified major injury e.g. any amputation

or loss of sight.0 There is a specified dangerous occurrence e g . the collapse of

lifting machinery.0 Where a person is incapacitated froni doing his norrnal work

for three consecutive days (not including day of incident) as aresult of injury arising out of an accident.0 The responsible person shall inform the enforcing authority in

writing of any death arising within one year of the accidentcausing the injury.

0 Where a person at work suffers from one of the specifieddiseases and their work falls into specified categories then theresponsible person must immediately send a report on formF2508A to the enforcing authority.

0 Certain requirements for the reporting of gas incidents aredetailed.

0 Records must be kept of any reported deaths, dangerousoccurrences, injuries or diseases for at least 3 years.DISCLOSURE0 The enforcing authority may request further records/

information.

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External Notifcatzon.sCOMPLEMENTARY LEGISLATION

Social Security (Claims and Payments) Regulations 1979.

17

RELATED EC LEGISLATIO NCOMMENTS0 Person required to report varies according to circumstances,

type of incident, and victim.0 The Social Security (Claims and Payments) Regulations 1979provide that certain employers must keep an accident book and

record all accidents no matter how minor.0 The Regulations provide for a defence if the employer did not

know of the reportable event and can demonstrate he had takenall reasonable steps to have such events brought to his notice.

0 Reference should be made to L73 A Guide to the Reporting ofInjuries, Diseases and Dangerous Occurrences Regu lations 1995(RIDDOI1) (revised edition published 1Oil 2/99).RELATED DOCU MENT ATION

Records of any reported deaihs, dangerous occurrences, injuriesReports, notification and any other documentation sent to theNotification of any gas incidents.

or diseases (which must be kept for at least 3 years).enforcing authority.

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182.2 Emergency Services Notifications

Health, Sujety and En u ro n ment Idegislation

LEGISLATION0 Dangerous Substances (Notification and Marking of Sites)Regulations 1990 (SI 1990 No . 304).

KEY DATESIn force from 1/9/90.

PURPOSE0 Ensure that emergency services and regulatory authorities have

information on dangerous substances on site.0 Ensure that fire authorities entering the site in the event of an

emergency are adequately warned of presence, location andnature of dangerous substances by means of appropriatemarking of the site.0 Mininiise health, safety and environmental consequences ofaccidents involving sites at which dangerous substances are stored.

APPROACH0 Prior written notice required to local fire authority and HSE

when 25 tonnes, or more, of dangerous substances are to bepresent on site, and also any change or cessation to be reportedto the regulatory authority.

0 Appropriate marking of the site and warning signs givinginformation on the hazards present must be displayed at accessto site and within site so as to give adequate warning to firedepartment and any other emergency services entering the sitein the event of an emergency.

REGULATORY AUTHORITY0 Fire Authority.0 HSE.

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External Notifications 19COVERAGE

Regulations apply to any site where there is a quantity (in total)of 25 tonnes, or more, of dangerous substances that fall withinthe definition of dangerous goods in Carriage of DangerousGoods (Classification, Packaging and Labelling) and Use ofTransportable Pressure Receptacles Regulations 1996.

0 For the purpose of these Regulations, dangerous substances donot include substances which are buried as waste, radioactivesubstances, substances in certain types of aerosol dispensers orClass I explosives.There are certain exemptions from the notification require-ments for particular sites including sites which have a currentlicence for keeping of substances under the Petroleum(Consolidation) Act 1928.

COMPLIANCE REQUIREMENTS0 Must notify regulatory authority prior to 25 tomes, or more, of

dangerous substances being present on site. Ihis notificationmust include the following details:0 lhe notifiers name and address.0 The fill1 postal address of the site.0 A general description of the nature of business at the site.0 A list of classification of the substances in question.0 The date when the threshold will be passed.Must notify any reduction below the 25 tonnes threshold orcessation to regulatory authorities.0 Must display warning signs, (consisting of a yellow triangle witha black border and a black exclamation mark), at access points tothe site, so as to give adequate warning to fire department andany other emergency services entering the site in the event ofanemergency.

0 An inspector may require the actual location of the dangeroussubstance on site be marked with inore specific signs giving thenature of the hazards.0 The signs to be displayed should conform with Health andSafety (Safety Signs arid Signals) Regulations 1996. Note: theinspector may instruct as to t.he location of signs.Signs mu s t be kept clean and free from obstruction.

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20DISCLOSURE0 Notification to authorities and any aniendrnents.

Health, Sajety and E nvu onment Idegislation

COMPLEM ENTARY LEGISLATION0 Petroleum (Consolidation) Act 1928.

Control of Major Accident Hazards Regulations 1999.0 Carriage of Dangerous Goods (Classification, Packaging, and

Labelling) and Use of Transportable Pressure ReceptaclesRegulations 1996.0 Health and Safety (Safety Signs and Signals) Regulations 1996.

RELATED EC LEGISLATION

CO MMENTS0 HSE can grant written exemption provided it is satisfied that thehealth and safety of persons likely to be affected will not be

prejudiced.

RELATED D OCUM ENTATION0 Notification.0 Notification of any change o r cessation.0 Site map demonstrating location of signs.0 Dangerous substances inventory of chemicals on site.

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Externd NotiJirations2.3 Enforcement

21

LEGISLATIONEnvironment and Safety Information Act 1988.

KEY DATES0 In force from 1/4/89.

PURPOSEEstablish public registers of certain notices served concerninghealth, safety and environmental protection.

APPROACH0 Various public authorities with duties under health, safety and

environmental legislation are required to maintain registers ofcertain notices served under such legislation. The noticescovered include:

Improvement and prohibition notices under the Health andProhibition notices under the Fire Precautions Act 1971.

Provide notification system for persons affected by notice to haveinformation excluded on grounds that it would discloseinformation about a trade secret or a secret manufacturingprocess. Person on whom a notice is served can, within 14 days,give written notification to the authority that entry on registerwould disclose such secrets. Authority will draft entry which, intheir opinion, will not disclose the secret. A right of appeal toappropriate Minister against draft entry exists.

Safety at Work pt i - . Act 1974.

REGULATORY AUTHORITYEnforcing authority (HSE or local authorities) under Health andFire authority under Fire Precautions Act 1971.Safety at Work PIC.Act 1974.

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22COVERAGE

lrnprovernent and prohibition notices under Health and Safety0 Prohibition notice under Fire Precautions Act 197 1.

Heulth, Safety and En-oironment Ilegaslation

at Work etc. Act 1974.

COM PLIANCE REQUIREMENTSDISCLOSURE0 Register and index are open to inspection by the public free of

Copies of entries are available to the public for a reasonable charge.charge at all reasonable hours.

COMPLEMENTARY LEGISLATIONHealth and Safety at Work e t c . Act 1974.Fire Precautions Act 1971.

RELATED EC LEGISLATIO NCOMMENTS0 Note that the Act does not cover improvement notices issued

under the Fire Precautions Act 1971.

RELATED DOC UM ENTATIONAny improvement and prohibition notices under Health andSafety at Work ptr. Act 1974.Any prohibition notice under Fire Precautions Act 197 1.Any notification to authority that entry on register woulddisclose trade secrets.

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External Notzfications2.4 Fire Certificates

23

LEGISLATIONFire Precautions Act 1971 as amended by the Fire Safety andSafety of Places of Sport Act 1987.

KEY DATESMost sections in force from 1/1/77.

0 Amendment in Force from 1/1/88.

PURPOSETo protect persons from fire risks at specified premises with ahigher hazard associated with them.

APPROACHPremises meeting certain specified criteria must have a valid firecertificate.Creates certain specific criminal offences relating to fire matters,e g . failure to maintain equipment, contravening the require-ments of a fire certificate etc.

REGULATORY AUTHORITYFire Brigades.HSE for s$pczal premises

COVERAGEPremises defined as requiring a fire certificate are:0 Certain hotels o r boarding houses.

Workplaces which:0 Employ more than 20 people at any one time, o rEmploy more than 10 people at any one time other than onthe ground floor, or

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24 Hpaltk, Safety and ICnvironnient Ixgislatzon0 Store or use explosive or flammable substances or ionising

radiation - called speczal prmzwJ detailed in the FireCertificate (Special Premises) Regulations 1976.

COMPLIANCE REQUIREMENTS0 Owner/occupier of premises must apply for a fire certificate to

either the fire authority or the H SE and include certain specifiedinformation. This certificate must be kept on the premises whenit is obtained.The owner/occupier must adhere to precautions contained inthe fire certificate including details of means of escape, means toensure efficacy of the fire escape, fire fighting equipment, firealarm and training.

DISCLOSURECOMPLEMENTARY LEGISLATION0 Fire Certificate (Special Premises) Kegulations 1976.0 Fire Precautions (Workplace) Regulations 1997.0 Radiation (Emergency Preparedness and Public Information)

Regulations 2001.

RELATED EC LEG ISLATIONC OM M E N T S0 The fire authority can issue improvernent notices (specifying

matters to be rectified in a certain time) or prohibition notices(specifying a ban on the use of the premises until the fireauthority is satisfied that the matters giving rise to a serious riskhave been rectified).0 Radiation (Emergency Preparedness arid Public Information)Regulations 2001 added premises covered by these 2001Regulations to the list of special premises. These are premisesinvolving work with ionising radiation.

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External NotifzcutiomRELATED DOCUMENTATION

Fire certificate and application.0 Any irnprovenient or prohibition notices.

25

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262.5 Hazardous Substances Notification

Health, Safety and Environment Legislation

LEGISLATIONNotification of Installations Handling Hazardous SubstancesRegulations 1982 (S1 1982 No. 1357).

KEY DATES0 In force from 1/1/83.

PURPOSE0 To identify to HSE sites which due to the presence of hazardous

substances on site present a potential risk to the safety ofemployees or the public.

APPROACHNotification to HSE required prior to commencing anyproposed activity at a site or pipeline involving a notifiablequantity of a hazardous substance.

REGULATORY AUTHORITY0 H S E .COVERAGE0 Hazardous substances are defined as named listed substances or

by a generic hazard classification of substances e.g. toxic - bothlist notifiable quantities in the Regulations. The lowest notifiablequantity for a specific substance is 2 tonnes and for a genericclass 15 tonnes.

0 Regulations apply to any site, certain of'f-site pipelines andstructures on inland waters.

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External Nohficatzons 27COMPLIANCE REQUIREMENTS0 Must notify HSE at least 3 months prior to commencing any

activity on site (or in certain pipelines or inland waters) involvinga notifiable quantity of a hazardous substance with the followinginformation:0 The name and address of the applicant and the local planning

authority.0 The full postal address arid Ordnance Survey grid reference

of the site.0 A general description of the proposed activity and its corn-mencement date.0 The minimum and maximum quantities of the relevant

named substances.a Must notify HSE of any change in notified activity.

Must re-notify HSE if quantity of substance increases to threetimes or more than that already notified.

DISCLOSURENotification to HSE.

COMPLEMENTARY LEGISLATION0 Control of Major Accident Hazards Regulations 1999

Dangerous Substances (Notification and Marking of' Sites)(COMAH).Regulations 1990.

RELATED EC LEGISLATIO N

COMMENTSa HSE may grant written exemptions for persons or activities ifsatisfied that this does not prejudice health arid safety o f persons

affected.Licensed waste disposal sites are not covered by the Regulations.

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28RELATED DOCUMENTATION

Any notification(s), re-notification(s) to HSE:.Site chemical inventory of hazardous substances.

Health, Safptj and Envaronment 1,eg.gzslatzon

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External Notifications 292.6 Notificationsof Presence of Hazardous Substances/PlanningLEGISLATIONPlanning (Hazardous Substances) Act 1990.

Planning (Hazardous Substances) Regulations 1992 (SI 1992Planning (Control of Major Accident Hazards) Regulations 1999No . 656).(SI 1999 No. 981).

KEY DATES1990 and 1992 legislation in force from 1/6/92.0 1999 Regulations in force from 20/4/99.PURPOSE

Regulate presence of hazardous substances on land to ensureonly held in appropriate areas of community and to ensure theirsafe storage.

0 To ensure that the objectives of both preventing major accidentsand limiting their consequences are taken into account in land-use planning policies, arid that these objectives are pursuedthrough adequate controls and fiirther consultation procedures.

APPROACH0 Under the Planning (Hazardous Substances) Act 1990, storageon site of' listed hazardous substances in amounts equal to or

greater than controlled quantities requires a hazardoussubstances consent which must be held and complied with.

0 The Planning (Hazardous Substances) Regulations 1992 as amen-ded by 1999 Regulations define hazardous substance and theprocedures for obtaining the consent and bring the Act into force.

REGULATORY AUTHORITYHSA - Hazardous Substances Authority (usually the localplanning authority) must consult with specified bodies, ~ . g .environment agency before granting consent.

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30COVERAGE

Hazardous substances are defined to only include raw materials,products, by-products, residues or intermediates.

0 Substances and preparations listed in the Regulations (whenpresent in specified controlled quantities) either by name orcategory of hazard. Also includes substances used in industrialchemical processes if loss of control of the process may generatethe listed substances and preparations.The lowest controlled quantities for specified substances are0 OO 1 tonnes for polychlorodibenzofurans and specified carcino-gens, e g . chloroinethyl methyl ether, and for generic category, 5tonnes for very toxic substances and preparations.Exemptions include explosives and radioactive waste as theseare subject to separate legal requirements.

Health, Safety and Environment Legislation

COMPLIANCE REQUIREMENTS0 Must apply to HSA for hazardous substances consent prior tothe presence of a specified controlled quantity of a hazardous

substance on, over or under land which forms part of a singleestablishment.

0 Must apply for continuation of consent after a change in controlof part of land.

0 Fee payable to HSA for both above applications.0 Must advertise application in a local newspaper and post notice0 Consent may be revokedimodified by HSA (see Comments).0 Conditions attached to consent relating to storage of substances

at site, both within specified times.must be complied with.

DISCLOSURE0 Advertise application in local newspaper and copy of application0 Public register of consents to be kept by HSA.to be available for- inspection at site.

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External NotificationsCOMPLEMENTARY LEGISLATION

31

a Town and Country Planning Act 1990.a Notification of Installations Handling Hazardous Substances0 Chntrol of Major Accident Hazards Regulations 1999.Regulations 1982.

RELATED EC LEGISLATIONa EC Directive 96/82 on the control of major accident hazards

involving dangerous substances.COMMENTS0 Compensation payable in certain cases where consent

revoked/modified by HSA.0 The list of hazardous substances includes those specifically listed

in the Control of Major Accident Hazards Regulations 1999.

RELATED DOCUMENTATIONa Application for authorisation and related correspondence.a Notice of application.0 Consent.a Application for continuation of consent.a Any rriodification/revocation.a Site chemical inventory.

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Hpalth, Safttj and Environm ent 1,ega;slation22.7 PetroleumLEGISLATIONPetroleum (Consolidation) Act 1928.KEY DATES0 In force from 3/8/28.

PURPOSETo ensure local authority is aware of exact location of premiseskeeping petroleum-spirit arid that it is kept safely.

APPROACHA licence is required to keep petroleum-spirit.Certain labelling requirements for vessels containing petroleum-spirit a re specified.

FCEGULATORY AUTHORITYLocal authority.

COVERAGEPetroleum includes crude petroleum, oil made from petroleumor from coal, shale, peat or other bituminous substances, aridother products of petroleum.

0 Petroleum-spirit means such petroleum which has a flash pointof less than 21 degrees Celsius when tested in accordance withthe Chemicals (Hazard Information and I'ackaging for Supply)Regulations 2002.

COMPLIANCE REQUIREMENTSNo occupier of premises may keep petroleum-spirit unless apetroleum-spirit licence has been obtained, is in force and theterms of the licence are complied with.

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External Noti fcation s 330 A licence is not required for petroleum-spirit kept for private useor for sale if it is in containers of not more than 570 mililitres.

and the total amount does not exceed 15 litres.0 The local authority may impose licence Conditions relating to

storage, facilities for testing the petroleum-spirit and generalsafe keeping of petroleum-spirit.

0 Where petroleum-spirit is kept, transported or offered for sale alabel stating Petroleum-spirit and Highly Inflammable shall beattached to, or if itnpractical displayed near, the vessel containingthe petroleum-spirit. Also the name and address of the owner,sender or vendor shall be stated, whichever is appropriate.

DISCLOSURECOMPLEMENTARY LEGISLATION0 Health and Safety at Work etc. Act 1974.0 Chemicals (Hazard Information and Packaging for Supply)Regulations 2002 ( C HI P 3).RELATED EC LEGISLATIONC OM M E N T S

Any appeal relating to the licence or conditions is to the Secretaryof State under the Health and Safety at Work etc. Act 1974.0 The Act gives the local authority wide powers including the right

to take samples of petroleum-spirit and have them tested, and tosearch for and seize petroleum-spirit after obtaining a courtwarrant.

RELATED DOCUMENTATIONLicence application documentation.

0 Iesting results.Petroleurn-spirit licence and conditions.Any petroleum inventory.

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342.8 Prevention of Major Accidents

Hml th , Snfctj and Envzmnment I,tgzdatzon

LEGISLATION0 Control of Major Accident Hazards Regulations 1999 (SI 1999No. 743) (COMAH).KEY DATES0 In force from 1/4/99.

PURPOSE0 Prevent and limit effects of accidents arising fi-om activities0 Implement EC Directive 96/82 except Article 12 relating toinvolving dangerous substances.

planning which is implemented by other regulations.

APPROACHImposes general requirements on operators of establishmentswhere dangerous substances in specified quantities are present.

0 Imposes more stringent requirements for establishments wherespecified high quantities of dangerous substances are present.

REGULATORY AUTHORITY0 H S E .

Environment Agency.0 Local authority.Emergency services.COVERAGE0 Operators meaning a person who is in control of an establish-ment or installation where dangerous substances are present.0 Dangerous substances (include a substance, mixture or

preparation) are listed by name in the Regulations e.g. ethyleneoxide or by hazard category, ~ . g .oxic.

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External Notzficntions 35The Regulations establish two tiers of requirements. The lowertier requirements apply to dangerous substances in specifiedquantities listed in the Kegulations, e g . 5 tonnes or more ofethylene oxide present and the higher tier specifies higherquantities, P.R. 50 tonnes or more of ethylene oxide.The lowest specified quantity is 0.001 tonnes for named sub-stances including dioxin and certain carcinogens.

0 Certain establishtnents are exempt, e g . Ministry of Ljefenceinstallations and waste landfill sites.

COMPLIANCE REQUIREMENTS0 Operators of lower and higher tier establishments must:

Take all necessary measures to prevent major accidents andlimit consequences to persons and the environment.

0 Prepare and keep a major accident prevention policydocument which demonstrates establishment of a safetymanagement system taking into account specified principles,e g . monitoring performance.

a Within a reasonable time prior to start of construction (or forexisting establishments by 3/2/00) send to the HSE and EAspecified information e.g. quantity and physical form ofdangerous substance present, name and address of operatorand address of the establishment. Thereafter significantchanges need to be notified. Information sent in a safetyreport need not be repeated.Provide specified information to the HSE and/or EA if theyrequest it .Forthwith notify HSE arid EA if a major accident hasoccurred.

0 Operators of higher tier establishments must:Prior to the start of construction (and prior to the start ofoperation) send to the HSE and EA a safety report withsufficient specified inforination e.g. demonstrate adequatesafety arid reliability incorporated into design. Constructionmust riot start until the HSE and EA have sent theirconclusions ori their examination of the report.

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36 Hea 1 h, Safety and E n 12 ronwent 1;egislationIf the establishment is existing send to HSE and EA a similarsafety report within specified time frames, e g . if theestablishment were covered by the previous legislation(CIMAH) by 3/2/00 and in any event by 3/2/01.

0 Safety reports must be reviewed and revised as specified atleast every 5 years.Prepare an on-site and off-site emergency plan afterconsultation with specified bodies p.g. he emergency services.These must be reviewed and tested at least every 3 years.

0 Put emergency plans into effect if a major accident oruncontrolled event occurs.

0 Provide after consultation with the local authority specifiedinformation to persons likely to be affected and to the public.This information to be reviewed at least every 3 years.

DISCLOSURE0 HSE or EA may request further information on any matter0 Must inform persons working on site (including contractors) of

Information to the public concerning higher tier sites.

within the remit of these Regulations.major accident hazards and emergency plans.

COMPLEMENTARY LEGISLATIONControl of Industrial Major Accident Hazards 1994 (CIMAH)(repealed by COMAH but relevant for transitional provisions forsites previously covered by CIMAH).

0 Chemicals (Hazard Information and Packaging for Supply)Regulations 2002 (CHIP 3 ) .

0 Planning (Control of Major Accident Hazards) Regulations1999.

RELATED EC LEGISLATION0 EC Dircctive 96/82 on the control of major accident hazards

involving dangerous substances.

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ExternalNotijkations 37C O M M E N T S0 Categories of substances are classified in accordance with CHIP3.0 The Regulations specify functions of the HSE and EA and give

them wide powers including prohibiting the operation of' anestablishment.Guidance on the interpretation of major accident to the environ-ment for the purposes of the COMAH Regulations has beenissued by the Department of the Environment.

RELATED DOCUM ENTATIO NMajor accident prevention policy document.Safety report(s).Any notification of major accidents.Information and training records.Information to persons likely to be affected and the public.On-site emergency plan.Off-site emergency plan.Any notification of changes.Any information requested by HSE or EA.

9 Site chemical inventory.

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382.9 Radiation -Emergency ProvisionsH d t h , ,%zfPty and Eirvironinmt LegzshtaonLEGISLATION0 Radiation (Emergency Preparedness and Public Information)

Regulations 2001 (SI 2001 No. 2975).

KEY DATESIn force from 20/9/01.

PURPOSEProtect the health of workers and the general public from thedangers arising from ionisirig radiation.

0 Implement Title IX, Section 1 (In tervention in cases ofradiological emergency) of EC Directive !36/29/Euratom layingdown basic safety standards for ionising radiation.

APPROACH0 Inipose requirements on operators of premises where

radioactive substances are present including risk assessmentsand emergency plans.

0 Impose requirements 011 carriers transporting radioactivesubstances.

REGULATORY AUTHORITY0 HSE.0 Local authority.COVERAGE

Radioactive substances that contain one or niore radionuclideswhose activity cannot be disregarded for the purposes ofradiation protection.

0 Ioriisirig radiation means the transfer of energy in the form ofparticles or electromagnetic waves of a wavelength of 100 nano-

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External Notifications 39metres, or less, o r a frequency of 3 x 10l5hertz o r more, capableof producing ions directly or indirectly.

0 Includes self-employed as well as employed.

COMPLIANCE REQUIREMENTS0 Must where the work or transport (including through any public

place) involves ionising radiation (as detailed in Regulation 3 )make an assessment as to hazard identification and riskevaluation and, where the assessment reveals a radiation risk, totake all reasonably practicable steps to prevent a radiationaccident or limit the consequences should an accident occur.Must send to the H SE a report of the above assessment con-taining specified matters at specified times (normally at least 12months before the commencement of work with ionisingradiation). HSE can ask for further particulars as they mayreasonably require.Must make a further reassessment if any major changes to workwith ionising radiation and in any event at least 3 years after firstassessment.If assessment reveals a reasonably foreseeable radiation emergencyarising then operator or carrier and, in the case of an operator, thelocal authority in whose area the premises are situated, mustprepare emergency plans. These plans shall contain specifiedinformation including arrangements for emergency exposure andarrangements for off-site mitigatory action. These plans must bereviewed, revised and tested at intervals not exceeding 3 years.

0 Must put emergency plan into action without delay if a radiationemergency occurs or an event occurs which could reasonablylead to such an emergency. Must then notify HSE without delay.Where the emergency plan provides for the possibility of-'anyemployee receiving an emergency exposure then suchemployees shall be identified. Specified arrangements shall betnade for these employees including training, makingequipment available to restrict exposure, dose assessments aridmedical surveillance.

a Must pay local authority a fee for emergency plan work if one isrequested.

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40 Health, Safety and Env i~onment q i s l a t i o n0 Must supply specified inforrnation to the public where there is a

possibility of a reasonably foreseeable radiation emergency orwhere there has been a radiation emergency.

DISCLOSUREPublic information.

0 Emergency plan.0 Accident report.

COMPLEMENTARY LEGISLATION0 Management of Health and Safety at Work Regulations 1999.

RELATED EC LEGISLATIO Na E C Directive 96/29/Euratom laying down basic safety standards

for the protection of the health of workers and the generalpublic against the dangers arising from ionisirig radiation.

C OM M E N T S0 The requirements of these Regulations are without prejudice to

the Management of Heallh and Safety at Work Regulations 1999which provide for risk assessments to be undertaken for workactivities.

RELATED DO CUM ENTATION0 Accident report.0 Emergency plan.

Public information.0 Site inventory of' radioactive substances.0 Carrier/transport documentation.0 Data and information on radioactive substance.0 Personnel records of relevant employees.0 Training records.0 Medical surveillance records.

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External Notifications2.10 Radioactive Substances Control

41

LEGISLATIONRadioactive Substances Act 1993.

0 Radioactive Substances (Clocks and IAatches) (England andtVales) Regulations 2001 (SI 2001 No. 4005).

KEY DATES0 In force from 27/8/93.0 2001 Regulations in force from 14/1/02.

PURPOSERegulate keeping and use of radioactive material and theaccumulation and disposal of radioactive waste.

APPROACHKegistration required for use or keeping of radioactive material

a Authorisation required for disposal and accumulation ofon premises and of mobile radioactive apparatus.radioactive waste.

REGULATORY AUTHORITYEnvironment Agency (EA).Local authority.

0 HSE.

COVERAGERadioactive material is defined as anything which not beingwaste, is either a substance (or an article made wholly or partlyfrom, or incorporating, such a substance):0 Containing an element listed in Schedule I (in sufficientproportion),

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42 Hen th, Safety and Enuironment Legisla tion0 or that possesses radioactivity due to nuclear fission or otherRadioactive waste is a substance which, if it was not a waste,would be radioactive material or a substance or articlecontaminated in the course of producing, keeping or usingradioactive material.Exemption is provided for clocks and watches but where onlytritium, promethium or radium is present and either theamount of radionuclides on premises does not exceed specifiedlimits or the waste is from no more than five clocks or watches.

0 Applies to any person using premises for the purposes of anundertaking by him.

non-natural process.

COMPLIANCE REQUIREMENTS0 Must apply for registration of premises to EA to keep or use0 Must apply for registration to EA to keep, use, lend o r let on hire0 Must comply with conditions/limitations imposed by EA.

Charges payable to EA.0 Must apply for authorisation to acciirnulate or dispose of radio-

Regulatory authority can revoke, or vary, conditions in0 Local authority can take special precautions to ensure radio-

radioactive rnaterial.any mobile radioactive apparatus.

active waste.registration or authorisation.active waste is disposed of in accordance with authorisation.

DISCLOSURE0 Copies of certificate of registration or authorisation must be0 Regulatory authority may require retention and production of0 Various docuinenta must be sent to local authority and made

posted on premises.site or disposal records.available to the public.

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External Notficatzons 43COMPLEMENTARY LEGISLATION0 Nuclear Installations Act 1985.0 Transfrontier Shipment of Radioactive Waste Regulations 1993.0 Environment A4ct1995.

RELATED EC LEGISLAT ION0 EC Directive 96/29 Euratom - Basic Safety Standards.COMMENTS

Grounds of appeal exist against decisions of the EA in relation LOregistrations/authorisations, any attached conditionsllimitations,or cancellations and revocations.

0 2001 Regulations restrict the clocks and watches exemption tocomply with EC Directive 96/29.

RELATED DOCU MENT ATION0 Application for registration of premises and related0 Registration.0 Application for authorisation and related correspondence.0 Authorisation.0 Any revocation/variation notice cerved.0 Any correspondence with local authority relating to disposal of0 Copies of certificate of registration or authorisation posted on0 Siteidisposal records.

correspondence.

radioactive waste.premises.

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3 SUBSTANCES

3.1 Asbestos - LicensingLEGISLATION

Asbestos (Licensing) Regulations 1983 (SI 1983 No. 1649).0 Asbestos (Licensing-) (Amendment) Kegulations 1998 (SI 1998

No . 3 2 3 3 ) .KEY DATES0 In force from 1/8/84.0 (Amendment) Regulations 1998 in force from 1/2/99.

PURPOSE0 Ensure that asbestos reinoval projects and procedures, andother works involving asbestos are tightly controlled and

monitored.

APPROACHImposes general requirement that employer or self-employedperson must obtain licence from HSE before undertaking workwith asbestos insulation, asbestos coating or asbestos insulatingboard (so that work is usually carried out by specialised licensedcontractors).

0 Alternatively, where employer o r self-employed person carryingout work with asbestos insulation, asbestos coating or asbestosinsulating board at own premises, may notify enforcingauthority specifying work to be carried out and conlply withother training arid iriforrriatiori requirements.

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Substances 45REGULATORY AUTHORITY0 HSE.EHOs.COVERAGE0 Asbestos insulation, asbestos coating, asbestos insulating board

except asbestos cement.0 The 1998 Regulations amend the definitions in the 1983

Regulations of work with asbestos insulation and asbestoscoating and work with asbestos insulating board so as to coveronly the work which consists of the removal, repair ordisturbance of such asbestos, arid work which is ancillary to orsupervising such work.

COMPLIANCE REQUIREMENTS0 Must obtain licence from HSE before undertaking work withasbestos insulation, asbestos coating o r asbestos insulating board,and comply with the ternis and conditions of that licence.Where employer or self-employed person carrying out workwith asbestos insulation, asbestos coating or asbestos insulatingboard at own premises, and valid licence not held, must notifyenforcing authority in writing at least 14 days in advancespecifying work to be carried out. Must also provide adequate

information to persons likely to be affected, adequate trainingand instruction for employees, arid ensure that both personslikely to be affected and employees are exposed only to thelowest level of asbestos dust which is reasonably practicable.

0 The 1998 Regulations extend the circumstances in which theHSE may revoke a licence. The HSE can now revoke a licence ifit considers it appropriate to do so.

DISCLOSURE

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46COMPLEMENTARY LEGISLATION

Control of Asbestos at Work Regulations 2002.

H d t h , Stqety and Environment I.egtslation

RELATED EC LEG ISLATIONC O M M E N T S

(Amendment) Regulations 1998 extend the 1983 Regulations soas to prohibit an employer or self-employed person carrying outwork with asbestos insulating board without a licence, requiresuch work to be notified to the enforcing authority, and providefor exemption from such a prohibition and requirement to begranted by the HSE. The period for notification to the enforcingauthority of work with asbestos insulation, asbestos coating orasbestos insulating board is also reduced from 28 to 14 days.HSE may grant exemptions for persons or products containingasbestos if satisfied that this will not prejudice health and safetyof persons affected.

RELATED DOCUMENTATIONLicence from HSE (or copy of any contractors licence).Notification to enforcing authority.Information to persons likely to be affected.Employee training records.

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Substances3.2 Asbestos-Work 47LEGISLATION0 Control of Asbestos at Work Regulations 2002 (SI 2002 No .

2675).

KEY DATESIn force from 21/11/02 except Regulation 4 (lion-domesticpremises duties) in force from 21/5/04 and Regulation 20(analysis standar-ds) in force from 21/11/04.

PURPOSEProtect workers from the risks related to exposure to asbestos.Implement various EC Directives, in particular EC Directive83/477 on the protection of workers from thc risks related toexposure to asbestos at work.

APPROACHImposes various duties on all employers to protect employeeswho may be exposed to asbestos at work and also to protectother persons who may be affected by the work activity.

REGULATORY AUTHORITY0 HSE.0 HSC.

COVERAGEAsbestos for the purposes of the Regulations refers to crocidolite,arnosite, chrysotile, fibrous actinolite, fibrous anthophyllite,fibrous trernolite arid ariy mixture coritairiirig any of thoseminerals.

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48 Hea 1 h, Sa p t y nnd E nui onmen t 1 2 e putionApplication of Regulations now extended to all employeesexposed to asbestos (whether or not they are working withasbestos or any product containing asbestos).

C OM P L I A N C E R E QU I R E M E N T SDutyholder (person with repair and/or iriaintenariceresponsibilities for non-domestic premises) must ensure that asuitable and sufficient assessment is carried out as to whetherasbestos is or is liable to be present in the premises. Asbestos-containing materials within these premises must be properlymanaged, and information about the location and condition ofthe materials must be passed on to those likely to disturb them.

0 Employers carrying out work with asbestos must identify type ofasbestos involved, arid assess the degree of exposure to asbestosand the steps to be taken to reduce that exposure. Ihis riskassess inen t 1x1us con sider specified ilia t ters includingrrionitoririg of exposure and the elfect of control measures. Itmust be regularly reviewed and forthwith if certain conditionsoccur e.g. significant change in the work to which the riskassessment relates.

0 Must draw up plan of work, detailing how the work is to becarried out and various requirements including the equipmentto be used, where the work involves reinoval of asbestos fromplant or buildings.

0 Employers must keep a copy of their risk assessiiient and plan ofwork at the place to which they relate and while the work towhich they relate is being carried out, and to ensure that, so faras is reasonably practicable, the work is carried out inaccordance with the plan.

0 Must notify work with asbestos to regulatory authority (unlesswork notified under other regulations). T he period for advancenotification to the enforcing authority is 14 days.Must ensure that adequate information and training is given toemployees and other persons 011 premises where the work iscarried out.Must prevent exposure of employees and other persons to asbes-tos or reduce it to lowest level reasonably practicable. If exposure

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Substunces 49is not reduced to below specified control limits, employees mustbe provided with respiratory protective equipment.Employer who provides any control measure shall ensure, so faras is reasonably practicable, that i t is properly used or applied.

0 Employer shall ensure that any control measure is maintained inan efficient state, in efficient working order, in good repair andin clean condition.

a Employer must prepare procedures, provide information andestablish warning systems to deal with an emergency in theworkplace related to the use of asbestos in a work process or theremoval or repair of asbestos containing materials.

0 Employees (as well as employers) are under duty to make properuse of protective equipment.0 Must provide and keep clean protective clothing (as well aswashing and changing facilities), prevent the spread of asbestosfrom the workplace and ensure that premises and plant involvedin work with asbestos are kept clean.Must monitor exposure to asbestos by measurement of asbestos

fibres in the air except under certain conditions e.g. exposure isnot likely to exceed an action level. Employers carrying out airmonitoring to comply with, or to use European Standard I S 017025.Employers must comply with duties concerning health recordsand medical surveillance. If medical surveillance reveals anemployee has an identifiable disease or aclverse health effect as aresult of exposure to asbestos then employee must be informed,risk assessment reviewed, consider assigning employee to alter-native work and review the health and safety of other employeeslikely to be affected.

0 Must regulate the storage and distribution of raw asbestos.0 Labelling of containers containing raw asbestos and asbestoswaste sliall be in accordance with the Chemicals (HazardInformation and Packaging for Supply) Regulations 2002 anduse the label specified in the 1981 Regulations.

DISCLOSURENotification to enforcing authority.

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50COMPLEMENTARY LEGISLATION

Asbestos (Licensing) Regulations 1983.0 Chemicals (Hazard Information and Packaging for Supply)Regulations 2002.

Health, Safety and Environment Lfgislation

RELATED EC LEG ISLATIONEC Directive 76/769 on marketing and use of certain dangeroussubstances and preparations as amended by EC Directives83/478 and 99/43.0 hC Directive 83/477 on the protection of workers from the risksrelated to exposure to asbestos at work as amended by ECDirective 91/382.

0 EC Directive 90/394 on the protection of workers from the risksrelated to carcinogens at work.0 EC Directive 98/24 on the protection of the health and safety of

workers from risks related to chemical agents at work.

C O M M E N T S0 Reference should be made to the ACOP L27 Control ofAsbestos atWork.

0 These Regulations replaced the Control of Asbestos at WorkRegulations 1987 and introduced the requirements concerningnon-domestic premises and emergency arrangements.

RELATED DOCU MENT ATION0 Assessments of exposure to asbestos.0 Plan of work where the work involves removal of asbestos fromplant or buildings, detailing how the work is to be carried outand various requirements including the equipment to be used.0 Notification to enforcing authority (unless work notified under

other Regulations).0 Information and training records for employees and otherpersons on premises.0 Monitoring data relating to employees exposure to asbestos.

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Substances 5 1Records relating to provision of, and maintenance of respiratoryprotective equipment, clean protective clothing (as well aswashing and changing facilities).Medical surveillance records (maintained by employmentmedical adviser or appointed doctor) for employees who areliable to be significantly exposed to asbestos.Records relating to the storage, distribution and labelling of rawasbestos.

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5 23.3 Biocidal Products

Health, Safety and Environment Legidatam

LEGISLATIONBiocidal Products Regulations 2001(ST 2001 No. 880).

KEY DATESIn force from 6/4/01.

PURPOSEEnsure sufficient information is kriown about biocidal productsImplement EC Directive 98/8 concerning the placing of biocidalto enable them to be marketed and used safely.products on the market.

APPROACH0 Placing on the market or use of a biocidal product or activeingredient is banned unless authorised or included in a

European approved list.

REGULATORY AUTHORITYSecretary of State arid the Minister for the Environment, Foodand Rural Affairs acting jointly.

COVERAGEBiocidal product means an active substance or preparationintended to d