NEW COSHH REGULATIONS LAID BEFORE PARLIAMENT

HSC press release C012:03 - 9 April 2003

New regulations concerning substances used in the workplace which could be hazardous to health, were laid before Parliament on Monday (April 7) by Nick Brown, health and safety minister.

The Control of Substances Hazardous to Health (Amendment) Regulations 2003, (COSHH) will come in force on 29 April 2003, and make users of substances that may cause genetic damage - classified by the European Union as Category 1 or 2 mutagens - apply the same control measures already required for carcinogens, substances which can cause cancer.

The change implements part of the EU's 2nd Amendment to the 1990 Carcinogens Directive that extends the scope of the original Directive to include the mutagens concerned.

Health and Safety Executive (HSE's) Bill Macdonald said: "In practice this will currently only affect the users of a substance known as triglycidyl isocyanurate (TGIC) because it is the only mutagen not already classified as a carcinogen.

"As a result of this change to the law, employers will have to take a range of actions to control the risk of exposure from this material. One of the most significant will be a requirement to thoroughly clean any surfaces where accumulations of TGIC could form."

TGIC is used 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. It is also used as a solder mask in the manufacture of printed circuit boards.

The second change the new Regulations will introduce is to clarify the status of 17 'dioxins' by explicitly defining them as carcinogens. Dioxins are complex mixtures of chemicals generated by burning organic matter containing chlorine and are by-products in some industrial processes, including metal recycling (especially aluminium), cement manufacture, waste incineration and landfill of Authorised Pollution Control Ash (APC).

Mr Macdonald added: "Formally classifying 17 of the most toxic dioxins as carcinogens under the COSHH Regulations reflects growing concerns about the health effects of exposure to these substances. It is intended to raise awareness of and focus attention on the potential harm of these substances, and to improve control of occupational exposure to dioxins. Workers in the aluminium recycling industry are the main occupational group with the potential for significant exposure to dioxins, and HSE will shortly be publishing new guidance on reducing exposure to dioxins for this sector."

Notes for editors

1. The Control of Substances Hazardous to Health Regulations 1988 (COSHH) originally came into force in October 1989 but have been amended and replaced several times.

2. The 17 dioxins will be added to Schedule 1 - "Other substances and processes to which the definition of "carcinogen" relates. The dioxins concerned are the following polychlorodibenzodioxins: 2,3,7,8-TCDD; 1,2,3,7,8-PeCDD; 1,2,3,4,7,8-HxCDD; 1,2,3,6,7,8-HxCDD; 1,2,3,7,8,9-HxCDD; 1,2,3,4,6,7,8-HpCDD; OCDD; and the following polychlorodibenzofurans: 2,3,7,8-TCDF; 2,3,4,7,8-PeCDF; 1,2,3,7,8-PeCDF; 1,2,3,4,7,8-HxCDF; 1,2,3,7,8,9-HxCDF; 1,2,3,6,7,8-HxCDF; 2,3,4,6,7,8-HxCDF; 1,2,3,4,6,7,8-HpCDF; 1,2,3,4,7,8,9-HpCDF; OCDF.
Please note that T=tetra, Pe=penta, Hx=hexa, Hp=hepta and O=octa.

3. COSHH 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, and preparing procedures to deal with accidents, incidents and emergencies involving hazardous substances. In meeting their obligations under COSHH, employers should have regard to the practical advice contained in the COSHH Approved Code of Practice (ACoP).

4. COSHH transposes into law in Great Britain a number of EU 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.

5. 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.

6. Dioxins 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.

7. In view of the concern about these substances, HSC's Advisory Committee on Toxic Substances (ACTS) 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 dioxins of particular concern, the COSHH (Amendment) Regulations 2003 will 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 has developed and will be publishing clear practical advice entitled Guidance for aluminium recyclers on reducing exposure to dioxins setting out what employers in this sector of industry have to do to comply with COSHH to control the risks to workers' health from exposure to dioxins. HSE has also prepared 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. The CHAN can be viewed on HSE's website at www.hse.gov.uk/pubns/chan27.htm

Statutory Instrument 2003 No. 978 The Control of Substances Hazardous to Health (Amendment) Regulations 2003, can be viewed on the Her Majesty's Stationery Office website at www.opsi.gov.uk/si/si2003/20030978.htm

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