HSE Press Release C046:02 - 10 October 2002
The Health and Safety Commission (HSC) today published a consultative document setting out proposals for making two significant changes to the forthcoming Control of Substances Hazardous to Health Regulations 2002 (COSHH)
Users of substances classified by the European Union as Category 1 or 2 mutagens - substances that may cause heritable genetic defects - will have to apply the control measures that COSHH requires for carcinogens - substances which can cause cancer .The change implements part of the EU's 2nd Amendment to the 1990 Carcinogens Directive which extends the scope of the original directive to include the mutagens concerned.
In practice, this will only affect the users of a substance known as triglycidyl isocyanurate (TGIC) because it is the only mutagen not already classified as a carcinogen. TGIC is used most commonly as a curing agent in powder coating paints applied to industrial and household products, such as car parts, washing machines and refrigerators as well as architectural finishes, and as a solder mask in the manufacture of printed circuit boards. In most cases, the main impact on employers will be the need to clean regularly and whenever necessary, floors, walls and other workplace surfaces in areas where preparations containing TGIC are used.
The second change proposed in the consultative document would clarify the status of 17 'dioxins' by explicitly defining them as carcinogens. These substances, which are unwanted by-products of some industrial processes, have various toxic effects including carcinogenicity. On the advice of its Advisory Committee on Toxic Substances, HSC is recommending the reclassification in order that the stricter requirements in the COSHH Regulations for carcinogens will also be applied to the dioxins.
Workers in the aluminium recycling industry are the main occupational group with the potential for significant exposure to dioxins. The proposed change to COSHH would complement new guidance on dioxins for this sector, which the Health Safety Executive (HSE) expects to publish early next year.
HSE has prepared a preliminary Regulatory Impact Assessment for the proposed changes and this is included in the consultative document.
Respondents have until 10 January 2003 to submit comments on the consultative document's proposals. Following consideration of the responses, and subject to the agreement of the HSC and Ministers, the proposed amendments to COSHH would come into force by the end of April 2003.
1. The Control of Substances Hazardous to Health Regulations 1988 (COSHH) originally came into force in October 1989 but have been amended several times since then.
2. COSHH 2002, which is currently awaiting the approval of HSE's Minister, requires employers to prevent or adequately control the exposure of their employees and other persons who may be affected to hazardous substances. In addition, the Regulations require: the maintenance, examination and testing of control measures; the provision of information, instruction and training; emergency planning; and, in some cases, exposure monitoring and health surveillance of employees. In meeting their obligations under COSHH, employers should have regard to the practical advice contained in the COSHH Approved Code of Practice (ACoP).
3. COSHH transposes into law in Great Britain a number of EC directives. One of these, the 1990 Carcinogens Directive (90/394/EEC), sets out requirements to protect workers from the risks related to exposure to carcinogens at work. Substances defined as carcinogens in the COSHH Regulations are subject to a strict prevention and control regime in the Regulations and in the supporting ACoP.
4. The 2nd Amendment to the Carcinogens Directive (1999/38/EC - OJ L 138, 1.6.1999, p.66) was adopted on 29 April 1999 and must be implemented in Member States by 29 April 2003. Among other things, it extended the scope of the 1990 Carcinogens Directive to include substances classified by the European Union as Category 1 or 2 mutagens. Consequently, the measures in COSHH that are specifically applicable to carcinogens must also be extended to apply to such mutagens.
5. Dioxins are complex mixtures of chemicals generated by burning organic matter containing chlorine. They are ubiquitous in the environment and the foods we eat, especially fatty foods. If dioxins are absorbed beyond a safe level they have the potential to produce a wide range of biological effects including carcinogenicity, and adverse effects on the immune and reproductive systems. They are also noted for their ability to accumulate in the body.
6. In view of the concern about these substances, HSC's Advisory Committee on Toxic Substances (ACTS) has approved a strategy designed to help promote awareness of the potential dangers of dioxins and the need to control exposure to these substances in the workplace. For 17 key dioxins of particular concern, it is proposed to clarify their status as carcinogens for the purposes of COSHH by listing them in Schedule 1 to the Regulations - "Other substances and processes to which the definition of "carcinogen" relates". In addition, HSE is developing clear practical advice and guidance for employers in the aluminium recycling industry on what they have to do to comply with COSHH to control the risks to workers' health from exposure to dioxins. HSE plans to publish this guidance early next year. In the meantime, HSE is also preparing a Chemical Hazard Alert Notice (CHAN) to alert industry in general to the concerns about dioxins and to give employers information on their legal duties.
Copies of 'Proposals for amending the Control of Substances Hazardous to Health Regulations 2002', ref. CD184 can be ordered online at: http://books.hse.gov.uk
The full text of the Consultative Document can be viewed or downloaded on HSE website at: http://www.hse.gov.uk/condocs/index.htm
All enquiries from journalists should be directed to the HSE Press Office
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