Statutory Instruments 1999 No. 437
The Control of Substances Hazardous to Health Regulations 1999
- continued

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PART III

CONTAINMENT MEASURES FOR INDUSTRIAL PROCESSES

Containment measures Containment levels
  2 3 4
     1. Viable micro-organisms should be contained in a system which physically separates the process from the environment (closed system).

Yes Yes Yes
     2. Exhaust gases from the closed system should be treated so as to - 

Minimise release Prevent release Prevent release
     3. Sample collection, addition of materials to a closed system and transfer of viable micro-organisms to another closed system, should be performed so as to - 

Minimise release Prevent release Prevent release
     4. Bulk culture fluids should not be removed from the closed system unless the viable micro-organisms have been - 

Inactivated by validated means Inactivated by validated chemical or physical means Inactivated by validated chemical or physical means
     5. Seals should be designed so as to - 

Minimise release Prevent release Prevent release
     6. Closed systems should be located within a controlled area - 

Optional Optional Yes, and purpose-built
(a) biohazard signs should be posted;

Optional Yes Yes
(b) access should be restricted to nominated personnel only;

Optional Yes Yes, via air-lock
(c) personnel should wear protective clothing;

Yes, work clothing Yes Yes, a complete change
(d) decontamination and washing facilities should be provided for personnel;

Yes Yes Yes
(e) personnel should shower before leaving the controlled area;

No Optional Yes
(f) effluent from sinks and showers should be collected and inactivated before release;

No Optional Yes
(g) the controlled area should be adequately ventilated to minimise air contamination;

Optional Optional Yes
(h) the controlled area should be maintained at an air pressure negative to atmosphere;

No Optional Yes
(i) input and extract air to the controlled area should be HEPA filtered;

No Optional Yes
(j) the controlled area should be designed to contain spillage of the entire contents of closed system;

Optional Yes Yes
(k) controlled area should be sealable to permit fumigation.

No Optional Yes
     7. Effluent treatment before final discharge.

Inactivated by validated means Inactivated by validated chemical or physical means Inactivated by validated physical means



PART IV

BIOHAZARD SIGN

The biohazard sign required by paragraph 6 of Part I of this Schedule shall be in the form shown below - 





PART V

LIST OF BIOLOGICAL AGENTS REFERRED TO IN PARAGRAPHS 12(2)(a), 13(1) AND (3) AND 14(1) OF PART I OF THIS SCHEDULE

    (1) All Group 4 biological agents.

    (2) Rabies virus.

    (3) Simian herpes B virus.

    (4) Venezuelan equine encephalitis virus.

    (5) Tick-borne encephalitis group viruses in Group 3.

    (6) Monkeypox virus.

    (7) Mopeia virus.



SCHEDULE 4
Regulation 9(2)(a)


FREQUENCY OF THOROUGH EXAMINATION AND TEST OF LOCALEXHAUST VENTILATION PLANT USED IN CERTAIN PROCESSES


Column 1 Column 2
Process Minimum frequency
Processes in which blasting is carried out in or incidental to the cleaning of metal castings, in connection with their manufacture. 1 month
Processes, other than wet processes, in which metal articles (other than of gold, platinum or iridium) are ground, abraded or polished using mechanical power, in any room for more than 12 hours in any week. 6 months
Processes giving off dust or fume in which non-ferrous metal castings are produced. 6 months
Jute cloth manufacture. 1 month



SCHEDULE 5
Regulation 10(2)


SPECIFIC SUBSTANCES AND PROCESSES FOR WHICH MONITORING IS REQUIRED


Column 1 Column 2
Substance or process Minimum frequency
Vinyl chloride monomer. Continuous or in accordance with a procedure approved by the Health and Safety Commission.
Spray given off from vessels at which an electrolytic chromium process is carried on, except trivalent chromium. Every 14 days while the process is being carried on.



SCHEDULE 6
Regulation 11(2)(a) and (5)


MEDICAL SURVEILLANCE


Column 1 Column 2
Substances for which medical surveillance is appropriate Process
Vinyl chloride monomer (VCM). In manufacture, production, reclamation, storage, discharge, transport, use or polymerisation.
Nitro or amino derivatives of phenol and of benzene or its homologues. In the manufacture of nitro or amino derivatives of phenol and of benzene or its homologues and the making of explosives with the use of any of these substances.
Potassium or sodium chromate or dichromate. In manufacture.
Ortho-tolidine and its salts. Dianisidine and its salts. Dichlorobenzidine and its salts. In manufacture, formation or use of these substances.
Auramine. Magenta. In manufacture.
Carbon disulphide. Disulphur dichloride. Benzene, including benzol. Carbon tetrachloride. Trichloroethylene. Processes in which these substances are used, or given off as vapour, in the manufacture of indiarubber or of articles or goods made wholly or partially of indiarubber.
Pitch. In manufacture of blocks of fuel consisting of coal, coal dust, coke or slurry with pitch as a binding substance.



SCHEDULE 7
Regulation 13(1)


FUMIGATIONS EXCEPTED FROM REGULATION 13


Column 1 Column 2
Fumigant Nature of fumigation
Hydrogen cyanide. Fumigations carried out for research.
  Fumigations in fumigation chambers.
  Fumigations in the open air to control or kill mammal pests.
Methyl bromide. Fumigations carried out for research.
  Fumigations in fumigation chambers.
  Fumigations of soil outdoors under gas-proof sheeting where not more than 1,000 kg is used in any period of 24 hours on the premises.
  Fumigations of soil under gas-proof sheeting in glasshouses where not more than 500 kg is used in any period of 24 hours on the premises.
  Fumigations of compost outdoors under gas-proof sheeting where not more than 10 kg of methyl bromide is used in any period of 24 hours on the premises.
  Fumigations under gas-proof sheeting inside structures other than glasshouses and mushroom houses where not more than 5 kg of methyl bromide is used in each structure during any period of 24 hours.
  Fumigations of soil or compost in mushroom houses where not more than 5 kg of methyl bromide is used in any one fumigation in any period of 24 hours.
  Fumigations of containers where not more than 5 kg of methyl bromide is used in any one fumigation in a period of 24 hours.
Phosphine. Fumigations carried out for research.
  Fumigations in fumigation chambers.
  Fumigations under gas-proof sheeting inside structures where not more than 1 kg of phosphine in each structure is used in any period of 24 hours.
  Fumigations in containers where not more than 0.5 kg of phosphine is used in any one fumigation in any period of 24 hours.
  Fumigations in individual impermeable packages.
  Fumigations in the open air to control or kill mammal pests.



SCHEDULE 8
Regulation 13(2)


NOTIFICATION OF CERTAIN FUMIGATIONS




PART I

PERSONS TO WHOM NOTIFICATIONS MUST BE MADE

     1. In the case of a fumigation to be carried out within the area of a harbour authority, advance notification of fumigation shall, for the purposes of regulation 13(2)(a), be given to - 

    (a) that authority;

    (b) an inspector appointed under section 19 of the 1974 Act, if that inspector so requires; and

    (c) where the fumigation - 

      (i) is to be carried out on a sea-going ship, the chief fire officer of the area in which the ship is situated and the officer in charge of the office of Her Majesty's Customs and Excise at the harbour, or

      (ii) is the space fumigation of a building, the chief fire officer of the area in which the building is situated.

     2. In the case of a fumigation, other than a fumigation to which paragraph (1) applies, advance notification of fumigation shall be given to - 

    (a) the police officer for the time being in charge of the police station for the police district in which the fumigation is carried out;

    (b) an inspector appointed under section 19 of the 1974 Act, if that inspector so requires; and

    (c) where the fumigation is to be carried out on a sea-going ship or is the space fumigation of a building, the chief fire officer of the area in which the ship or building is situated.



PART II

INFORMATION TO BE GIVEN IN ADVANCE NOTICE OF FUMIGATIONS

     3. The information to be given in a notification made for the purposes of regulation 13(2) shall include the following - 

    (a) the name, address and place of business of the fumigator and his telephone number;

    (b) the name of the person requiring the fumigation to be carried out;

    (c) the address and description of the premises where the fumigation is to be carried out;

    (d) the date on which the fumigation is to be carried out and the estimated time of commencement and completion;

    (e) the name of the operator in charge of the fumigation; and

    (f) the fumigant to be used.



EXPLANATORY NOTE

(This note is not part of the Regulations)


     1. These Regulations re-enact, with minor modifications, the Control of Substances Hazardous to Health Regulations 1994 (S.I. 1994/3246) ("the 1994 Regulations") as amended. The 1994 Regulations imposed duties on employers to protect employees and other persons who may be exposed to substances hazardous to health and also imposed certain duties on employees concerning their own protection from such exposure, and prohibited the import into the United Kingdom of certain substances and articles from outside the European Economic Area (regulations 1 to 17 and Schedules 1 to 8).

     2. The Regulations - 

    (a) are consistent with the provisions of - 

      (i) Council Directive 80/1107/EEC on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work (OJ No. L 237, 3.12.80, p.8),

      (ii) Commission Directive 91/322/EEC (OJ No. L 177, 5.7.91, p.22) on establishing indicative limit values by implementing Council Directive 80/1107/EEC on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work,

      (iii) Commission Directive 96/94/EC (OJ No. L 338, 28.12.96, p.86) establishing a second list of indicative limit values by implementing Council Directive 80/1107/EEC on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work;

    (b) implement as respects Great Britain - 

      (i) Council Directive 78/610/EEC (OJ No. L 197, 22.7.78, p.12) on the approximation of the laws, regulations and administrative provisions of the Member States on the protection of the health of workers exposed to vinyl chloride monomer,

      (ii) Council Directive 88/364/EEC (OJ No. L 179, 9.7.1988, p.44) on the protection of workers by the banning of certain specified agents and/or certain work activities (fourth individual directive within the meaning of Article 8 of Directive 80/1107/EEC),

      (iii) point 3 of Article 1 of Council Directive 89/677/EEC (OJ No. L 398, 30.12.89, p.19) amending for the 8th time the Marketing and Use Directive in so far as that point relates to the importation, supply or use of benzene and substances containing benzene for such purposes,

      (iv) Council Directive 90/394/EEC (OJ No. L 196, 26.7.90, p.38) on the protection of workers from the risks related to exposure to carcinogens at work (sixth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) insofar as it relates to carcinogens other than asbestos,

      (v) Council Directive 90/679/EEC on the protection of workers from risks related to exposure to biological agents at work (OJ No. L 374, 31.12.90, p.1), and

      (vi) that part of Commission Directive 96/55/EC (OJ No. L 231, 12.9.96, p.20) adapting to technical progress for the 2nd time Annex I to Council Directive 76/769/EEC ("the Marketing and Use Directive") (OJ No. L 262, 27.9.76, p.201) on the approximation of the laws, regulations and administrative provisions of the Member States relating to restriction on the marketing and use of certain dangerous substances and preparations which relates to supply of specified substances for use at work.

     3. In addition to minor and drafting amendments, the Regulations make the following changes of substance - 

    (a) provide for the approval by the Health and Safety Commission of maximum exposure limits for substances in place of the provisions previously contained in Schedule 1 of the 1994 Regulations (regulation 2(1));

    (b) include certain further definitions (regulation 2(1));

    (c) require personal protective equipment provided by an employer in pursuance of these Regulations to comply with the Personal Protective Equipment (EC Directive) Regulations (regulation 7(5)); and

    (d) revoke those Regulations mentioned in paragraph (1) of regulation 18 and make consequential amendments to the provisions mentioned in paragraphs (2) and (3) of that regulation (regulation 18).

     4. Copies of the publications mentioned in the Regulations are obtainable as follows - 

    (a) a list of the maximum exposure limits and occupational exposure standards which the Health and Safety Commission has approved is available in the publication "EH40, Occupational Exposure Limits" obtainable from HSE Books, PO Box 1999, Sudbury, Suffolk CO10 6FS; and

    (b) the British Standards referred to in Part II of Schedule 3 (relating to safety cabinets) are obtainable from (by personal callers only) the British Standards Institution, 2 Park Street, London W1A 2BS or (by post) from the British Standards Institution, Linford Wood, Milton Keynes, MK14 6LE.

     5. A copy of the cost benefit assessment prepared in respect of these Regulations can be obtained from the Health and Safety Executive, Economic Advisers Unit, Rose Court, 2 Southwark Bridge, London SE1 9HS. Copies have been placed in the Library of each House of Parliament.

ISBN 0 11 082087 8


 
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