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The Control of Substances Hazardous to Health (Amendment) Regulations 1991

S.I. 1991/2431 · Made 15 October 1991

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

HEALTH AND SAFETY

Made 15th October 1991

Laid before Parliament 1st November 1991

Coming into force 1st January 1992

The Secretary of State in the exercise of the powers conferred on him by section 15(1) and (2) of, and paragraphs 1(1)(b) and 2 of Schedule 3 to, the Health and Safety at Work etc. Act 1974(f1) (“the 1974 Act”) and of all other powers enabling him in that behalf and for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:–

Annotations to the whole text

Footnotes

f1

1974 c. 37: sections 15 and 50 were amended by Schedule 15 to the Employment Protection Act 1975 (c. 71), paragraphs 6 and 16 respectively.

Contents

  1. 1Citation, amendment and interpretation
  2. 2Amendment to the principal Regulations
  3. 3Revocations
  4. Signature
  5. Schedule 1SCHEDULE TO BE SUBSTITUTED AS SCHEDULE 1 TO THE PRINCIPAL REGULATIONS
  6. Schedule 2ITEM TO BE INSERTED AT THE END OF SCHEDULE 2 TO THE PRINCIPAL REGULATIONS
  7. Explanatory note

1Citation, amendment and interpretation

(1)

These Regulations may be cited as the Control of Substances Hazardous to Health (Amendment) Regulations 1991 and shall come into force on 1st January 1992.

(2)

In these regulations, unless the context otherwise requires, “the principal Regulations” means the Control of Substances Hazardous to Health Regulations 1988(f1).

2Amendment to the principal Regulations

(1)

At the end of regulation 4 of the principal Regulations there shall be inserted the following paragraph–

“(4)

A person shall not supply during the course of or for use at work, benzene or any substance containing benzene unless its intended use is not prohibited by item 11 of Schedule 2.”.

(2)

For Schedule 1 to the principal Regulations there shall be substituted the Schedule set out in Schedule 1 to these Regulations.

(3)

Schedule 2 to the principal Regulations shall be amended as follows–

(a)

in item 1 in column 1, for “exceeding 0.1 per cent” there shall be substituted “equal to or greater than 0.1 per cent.”;

(b)

at the end of the Schedule there shall be inserted the additional item set out in Schedule 2 to these Regulations.

3Revocations

The Control of Substances Hazardous to Health (Amendment) Regulations 1990(f1) are revoked.

Signature

Signed by order of the Secretary of State.

Eric Forth

Parliamentary Under Secretary of State,

Department of Employment

15th October 1991

Schedule 1SCHEDULE TO BE SUBSTITUTED AS SCHEDULE 1 TO THE PRINCIPAL REGULATIONS

SCHEDULE 1

LIST OF SUBSTANCES ASSIGNED MAXIMUM EXPOSURE LIMITS

Regulations 2(1), 7(4) and 12(2)

The maximum exposure limits of the dusts included in the list below refer to the toinhalable dust fraction, unless otherwise stated.

SubstanceFormulaReference periods
Long-term maximum exposure limit (8-hour TWA reference period)Short-term maximum exposure limit (10-minute reference period)
ppmmg m−3ppmmg m−3
*

In addition to the maximum exposure limit specified above man-made mineral fibre is also subject to a maximum exposure limit of 2 fibres ml1, 8-hour TWA, when measured or calculated by a method approved by the Health and Safety Commission.

†

Limit relates to cyclohexane soluble material.

‡

In addition to the maximum exposure limit specified above vinyl chloride is also subject to an overriding annual exposure limit of 3 ppm.
AcrylamideCH2=CHCONH2—0.3——
AcrylonitrileCH2=CHCN24——
Arsenic and compounds except arsine (as As)As—0.1——
BenzeneC6H67515——
Buta-1,3-dieneCH2=CHCH=CH21022——
2-ButoxyethanolC4H9OCH2CH2OH25120——
Cadmium and cadmium compounds, except cadmium oxide fume and cadmium sulphide pigments (as Cd)Cd—0.05——
Cadmium oxide fume (as Cd)CdO—0.05—0.05
Cadmium sulphide pigments (respirable dust as Cd)CdS—0.04——
Carbon disulphideCS21030——
Chromium (VI) compounds (as Cr)Cr—0.05——
1,2–Dibromoethane (Ethylene dibromide)BrCH2CH2Br0.54——
DichloromethaneCH2Cl2100350——
2,2'–Dichloro–4,4'–methylene dianiline (MbOCA)CH2(C6H3ClNH2)2—0.005——
2-EthoxyethanolC2H5OCH2CH2OH1037——
2-Ethoxyethyl acetateC2H5OCH2CH2OOCCH31054——
Ethylene oxideCH2CH2O510——
FormaldehydeHCHO22.522.5
Grain dust—10——
Hydrogen cyanideHCN——1010
Isocyanate, all (as-NCO)—0.02—0.07
f1Man-made mineral fibre—5——
2-MethoxyethanolCH3OCH2CH2OH516——
2-Methoxyethyl acetateCH3COOCH2CH2OCH3524——
Nickel and its inorganic compounds (except nickel carbonyl):Ni————

  • water-soluble nickel compounds (as Ni)

—0.1——

  • nickel and water-insoluble nickel compounds (as Ni)

—0.5——
Rubber process dust—8——
f2Rubber fume—0.6——
Silica, respirable crystallineSiO2—0.4——
StyreneC6H5CH=CH21004202501,050
1,1,1-TrichlorotehaneCH3CCl33501,9004502,450
TrichloroethyleneCCl2=CHCl100535150802
f3Vinyl chlorideCH2=CHCl7———
Vinylidene chlorideCH2=CCl21040——
Wood dust (hard wood)—5——

Schedule 2ITEM TO BE INSERTED AT THE END OF SCHEDULE 2 TO THE PRINCIPAL REGULATIONS

12
Item No.Description of substancePurpose for which the substance is prohibited
11.

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

  1. (a)

    motor fuels covered by Council Directive 85/210/EEC (OJ No L96, 3.4.1985, p. 25)

  2. (b)

    waste covered by Council Directives 75/442/EEC (OJ No L194, 25.7.1975, p. 39) and 78/319/EEC (OJ No L84, 31.3.78, p. 43).

Use for all purposes except use in industrial processes, and for the purposes of research, development and analysis.

Explanatory note

(This note is not part of the Regulations)

1

These Regulations amend the Control of Substances Hazardous to Health Regulations 1988 (“the principal Regulations”).

2

By amending regulation 4 of, and Schedule 2 to, the principal Regulations, regulation 2(1) of and Schedule 2 to these Regulations have effect to prohibit with certain exceptions the importation, supply and use at work of benzene and substances containing benzene, implementing as respects Great Britain point 3 of Article 1 of the Council Directive 89/677/EEC (“the 8th Amendment Directive”) (OJ No. L 398, 30.12.89, p. 19) amending for the 8th time Council Directive 76/769/EEC (OJ No. L 262, 27.9.76, p. 201) relating to restrictions on the marketing and use of certain dangerous substances and preparations in so far as that point relates to the importation, supply or use of benzene and substances containing benzene for such purposes.

3

Regulation 2(3) of these Regulations amends item 1 of Schedule 2 to the principal regulations to align its wording with that used in point 4 of Article 1 to the 8th Amendment Directive.

4

Regulation 2(2) of these Regulations substitutes a new Schedule for Schedule 1 to the principal Regulations. That Schedule prescribes maximum exposure limits of certain substances hazardous to health and new exposure limits for chromium, grain dust, nickel and silica are introduced by the Schedule.

5

Previous Regulations amending the principal Regulations are revoked by regulation 3 of these Regulations.