Health and Safety Executive/Local Authorities Enforcement Liaison Committee (HELA)

To: Directors of Environmental Health/Chief Environmental Health Officers of London, Metropolitan, District and Unitary Authorities and Chief Executives of County Councils.

For the attention of: Environmental Services /Trading Standards /Fire Authorities /Other

This circular gives advice to local authority enforcement officers

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Chemicals (hazard information and packaging for supply) regulations 2002

The attached operational circular oc 253/9 is equally relevant to both HSE and LA enforcement officers.

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Health and Safety Executive	Operational Circular
	OC 253/9

Review Date	22/07/2012	Open Government Status	Fully Open
Version No & Date	1: 22/07/2002	Author Unit/Section	HD C - CSMU

To:
All HSE Inspectors

Chemicals (hazard information and packaging for supply)
Regulations 2002

This OC gives guidance on the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 (CHIP 3). These Regulations come into force on 24 July 2002. It is particularly relevant to issues arising from the introduction of the Regulations without the usual transition period.

Background

1 The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 (CHIP3) implement a number of European Directives which have as a principal objective the protection of humans and the environment from the harmful effects of chemicals. This is achieved by the provision of information by suppliers to users, mainly in the form of warning labels and (for those at work) safety data sheets. CHIP is supported by a number of approved documents. These include the Approved Supply List (ASL) - a list of dangerous chemicals together with EC-agreed classifications and labels for them, the Approved Classification and Labelling Guide (ACLG) - which tells suppliers how to classify chemicals not listed in the ASL, and an Approved Code of Practice on the Compilation of Safety Data Sheets.

2 CHIP 3, and the supporting documents, represent a consolidation of all previous amendments to CHIP. CHIP 3 also introduces a number of important new features, mainly:

• environmental classification and labelling of preparations - the major change in the package;

• a new warning for preparations which are not classified as sensiters but which contain small quantities of sensitising substances;

• the provision (in prescribed circumstances) of safety data sheets for some preparations not classified as dangerous;

• better guidance (in the ACOP) on the compilation of safety data sheets;

• revised/new classifications for about 500 substances in the ASL.

3 CHIP 3 is accompanied by revised versions of the established published guidance and is supported by pages on the HSE web site (details in Appendix). The web pages include the core text of this circular and a series of Frequently Asked Questions which will be updated regularly and which should be regarded as complementing this circular. Other parts of the web site include links to a database of the substances in the ASL, to advice on free consultancy relating to environmental classification and to IND(G) 350 The Idiot's guide to CHIP. Additional general information relevant to CHIP 3 can be found in the HSE Guide to the Inspection of the Manufacture and Supply of Products and Substances (Chapter 5.2). Previous OCs on CHIP have been withdrawn.

Action by inspectors

4 HSE's implementation and enforcement strategy for CHIP must have regard to the principles of HSC's Enforcement Policy Statement, the HSE Enforcement Management Model and the general principles set out in the HSE Guide to the Inspection of the Manufacture and Supply of Products and Substances. In considering any action under CHIP 3 inspectors should also take into account the following special features which should inform, but not override, the guiding principles.

5 As a result of circumstances relating to the timetabling of EC Directives the Regulations have been introduced without the normal transition period of 12-18 months. This has presented significant problems to some industry sectors, especially those concerned with products for the retail market. In many cases any shortfall in the label will not be significant in terms of protection, especially where many products already carry relevant advice, albeit not in the prescribed form required by CHIP 3. Inspectors should take careful and sensitive account of this timing issue in their handling of CHIP 3 and ensure that a proportionate approach is taken. In addition they should also have regard for the potential problems in terms of health and the environment which would be presented if marginally non-compliant products were withdrawn from sale and disposed of by landfill or incineration.

6 Inspectors should also be aware that many suppliers have, with HSE's encouragement, acted to anticipate CHIP 3 by preparing labels based on the Directives or the draft version of CHIP 3 in the Consultation Document (CD) issued in September 2001. It is important that suppliers are not penalised for this action in the very unlikely event that the small differences between the CD and the final version of the Regulations cause problems.

7 In common with earlier versions of CHIP the new Regulations contain (reg.15) a 'due diligence' defence. This may be particularly relevant when problems are encountered in relation to a supply chain.

8 Inspectors should also note that the new requirements of CHIP 3 are diverse; for ex-ample they range from essentially administrative requirements relating to record keeping to revised labels indicating the carcinogenicity of a chemical. These differences will have significantly different effects on protection and such issues must be taken into account when considering what constitutes a proportionate approach to action.

9 General advice on CHIP can be found in the sources described in para 3 and the appendix. Expert advice on technical issues should be obtained through Enforcement Liaison Officers in the first instance. Enquiries on the specific issues in this OC/LAC should be directed to LAU General Enquiry Point 0207 717 6442.

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Appendix (paras 3 and 9)

Current chip documents

Statutory instruments

1 The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002
(SI 2002/1689).

Approved documents

2 L129 The Approved Supply List (Seventh edition) (ISBN 0 7176 2368 8).
3 L131 The Approved classification and labelling Guide (ISBN 0 7176 2396 6)
4 L130 The Compilation of Safety Data Sheets (Approved Code of Practice)
(ISBN 0 7176 2371 8).

Explanatory publications

5 HS(G) 228 CHIP 3 for everyone (ISBN 0 7176 2370 X).
6 IND(G) 350 The Idiot's guide to CHIP (ISBN 0 7176 2333 5).
7 IND(G) 353 Why do I need a safety data sheet? (ISBN 0 7176 2367 X).
8 IND(G) 186(L) Read the label: how to find out if chemicals are dangerous
(ISBN 0 7176 2366 1).

Internet

9 CHIP pages: http://www.hse.gov.uk/chip/index.htm
10 CHIP 3 text: http://www.opsi.gov.uk/si/si2002/20021689.htm

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