Risks related to Chemical Agents at Work Regulations, 2003

L.N. 227 of 2003

OCCUPATIONAL HEALTH AND

SAFETY AUTHORITY ACT

(CAP. 424)

Protection of the Health and Safety of Workers from the

Risks related to Chemical Agents at Work Regulations, 2003

IN EXERCISE of the powers conferred by article 12 of the

Occupational Health and Safety Authority Act, 2000, the Deputy Prime

Minister and Minister for Social Policy, in consultation with the

Occupational Health and Safety Authority, has made the following

regulations>-

(1) The title of these regulations is the Protection of the Title, scope and

applicability

Health and Safety of Workers from the Risks related to Chemical Agents

at Work Regulations, 2003.

(2) The scope of these regulations is to lay down minimum

requirements for the protection of workers from risks to their health

and safety arising, or likely to arise, from the effects of chemical agents

that are present at the workplace or as a result of any work activity

involving chemical agents.

(3) These regulations apply where hazardous chemical agents

are present or may be present at the workplace, and shall be without

prejudice to the provisions for chemical agents to which measures for

radiation protection apply pursuant to other regulations as may be

prescribed.

(4) These regulations shall apply for carcinogens and

mutagens at work without prejudice to more stringent and/or specific

provisions contained in any other law or regulation on the protection of

workers from the risks related to exposure to carcinogens and mutagens.

(5) As far as the transport of hazardous chemical agents is

concerned, the provisions of these regulations shall apply without

prejudice to more stringent and/or specific provisions contained in any

other law or regulation.

LIST OF BINDING OCCUPATIONAL EXPOSURE LIMIT VALUES

EINECS No (1)

CAS No (2)

Name of agent

Occupational

Occupational

Exposure limit

exposure limit

value 8 h (3)

value

Short-term (4)

Mg/m 3

ppm (6)

mg/m 3

ppm

(5)

Inorganic lead

0,15

and

its compounds

( 1 )

EINECS: European Inventory of Existing Commercial Chemical Substances.

( 2 )

CAS: Chemical Abstracts Service.

( 3 )

Measured or calculated in relation to a reference period of eight hours, time-weighted

average.

( 4 )

A limit value above which exposure should not occur, and which is related to a 15 minute

period unless otherwise specified.

( 5 )

mg/m 3 = milligrams per cubic metre of air at 20 HC and 101,3 kPa.

( 6 )

ppm = parts per million by volume in air (ml/m 3 ).

In these regulations, unless the context otherwise requires>

‘Act’ means the Occupational Health and Safety Authority

Act<

‘activity involving chemical agents’ means any work in which

chemical agents are used, or are intended to be used, in any process,

including production, handling, storage, transport or disposal and

treatment, or which result from such work<

‘Authority’ means the Occupational Health and Safety

Authority established by article 8 of the Act<

‘biological limit value’ means the limit of the concentration

in the appropriate biological medium of the relevant agent, its

metabolite, or an indicator of effect<

‘chemical agent’ means any chemical element or compound,

on its own or admixed, as it occurs in the natural state or as

produced, used or released, including release as waste, by any work

activity, whether or not produced intentionally and whether or not

placed on the market<

‘hazard’ means the intrinsic property of a chemical agent with

the potential to cause harm<

‘hazardous chemical agent’ means>

(i) any chemical agent which meets the criteria for

classification as a dangerous substance listed in Schedule IV<

(ii) any chemical agent which meets the criteria for

classification as a dangerous preparation within the meaning

of Directive 88#379#EEC, whether or not that preparation is

classified under that Directive, other than those preparations

which only meet the criteria for classification as dangerous

for the environment<

(iii) any chemical agent which, whilst not meeting the

criteria for classification as dangerous in accordance with (i)

may, because of its physicochemical, chemical or

toxicological properties and the way it is used or is present in

the workplace, present a risk to the health and safety of

workers, including any chemical agent assigned an

occupational exposure limit value under regulation 3<

‘health surveillance’ means the assessment of an individual

worker to determine the state of health of that individual, as related

to exposure to specific chemical agents at work<

‘occupational exposure limit value’ means, unless otherwise

specified, the limit of the time-weighted average of the

concentration of a chemical agent in the air within the breathing

zone of a worker in relation to a specified reference period<

‘risk’ means the likelihood that the potential for harm will be

attained under the conditions of use and,or exposure.

The occupational exposure limit values for chemical agents Occupational

BINDING BIOLOGICAL LIMIT VALUES AND HEALTH SURVEILLANCE

MEASURES

1. Lead and its ionic compounds

1.1. Biological monitoring must include measuring the blood-lead level (PbB) using

absorption spectrometry or a method giving equivalent results. The binding biological

limit value is

70 µg Pb/100 ml blood

1.2 Medical surveillance is carried out if

- exposure to a concentration of lead in air is greater than 0,075 mg/m 3 , calculated as a

time-weighted average over 40 hours per week, or

- a blood-lead level greater than 40 lg Pb/100 ml blood is measured in individual

workers.

1.3 Practical guidelines for biological monitoring and medical surveillance must be

developed in accordance with regulation 13. These must include recommendations of

biological indicators (e.g. ALAU, ZPP, ALAD) and biological monitoring strategies.

shall be those listed in Schedule V to these regulations, and others which exposure

biological limit

may be prescribed from time to time.

values

(1) An employer shall determine whether any hazardous Determination

PROHIBITIONS

The production, manufacture or use at work of the chemical agents and activities involving

chemical agents set out below are prohibited. The prohibition does not apply if the chemical

agent is present in another chemical agent, or as a constituent of waste, provided that its

individual concentration therein is less than the limit specified.

(a) Chemical Agents

EINECS No ( 1 )

CAS No ( 2 )

Name of agent

Concentration limit

for exemption

202-080-4

91-59-8

2-naphthylamine and

0,1 % w/w

its salts

202-177-1

92-67-1

4-aminodiphenyl and

0,1 % w/w

its salts

202-199-1

92-87-5

Benzidine and its salts

0,1 % w/w

202-204-7

92-93-3

4-nitrodiphenyl

0,1 % w/w

( 1 )

EINECS: European Inventory of Existing Commercial Chemical Substances

( 2 )

CAS: Chemical Abstracts Service

(b) Work activities

None.

assessment of risk

chemical agents are present at the workplace, and shall>-

of hazardous

chemical agents

(a)

evaluate the risks to the health and safety of workers,

inter alia in the choice of work equipment, the chemical substances

or preparations used, and the fitting-out of work places, and as

necessary>

- assuring an improvement in the level of protection

afforded to workers with regard to health and safety,

- be integrated into all the activities of the undertaking

and,or establishment and at all hierarchical levels<

(b)

where he entrusts tasks to a worker, take into

consideration the worker’s capabilities as regards health and safety<

(c)

ensure that the planning and introduction of new

technologies are the subject of consultation with the workers and#or

their representatives, as regards the consequences of the choice of

equipment, the working conditions and the working environment

for the health and safety of workers<

(d)

take appropriate steps to ensure that only workers who

have received adequate instructions may have access to areas where

there is serious and specific danger<

(e)

be in possession of an assessment of the risks to health

and safety at work, including those facing groups of workers

exposed to particular risks<

(f)

decide on the protective measures to be taken and, if

necessary, the protective equipment to be used<

(g)

keep a list of occupational accidents resulting in a

worker being unfit for work for more than three working days<

(h)

draw up reports on occupational accidents suffered

by his workers, which shall be forwarded to the Authority without

undue delay<

(2) Where chemical agents are present at a workplace, the

employer shall assess any risk to the health and safety of workers arising

from the presence of those chemical agents, taking into consideration

the following>

(i) their hazardous properties<

(ii) information on health and safety provided by the

supplier, including the relevant Material Safety Data Sheet, a

copy of which shall be kept at the place of work and made

available to the workers and, or the Workers’ Health and

Safety Representatives, and to the persons designated by the

employer in terms of regulation 9 of the General Provisions

for Health and Safety at Work Places Regulations, 2003 (L.N.

36 of 2003)<

(iii) the level, type and duration and frequency of

exposure<

(iv) the circumstances of work involving such agents,

including their amount<

(v) any occupational exposure limit values or

biological limit values established on the territory of Malta<

(vi) the effect of preventive measures taken or to be taken,

(vii) where available, the conclusions to be drawn from

any health surveillance already undertaken.

(3) The employer shall obtain additional information which

is needed for the risk assessment from the supplier or from other readily

available sources. Where appropriate, this information shall comprise

the specific assessment concerning the risk to users established on the

basis of national legislation on chemical agents.

(4) The employer must be in possession of an assessment

of the risks mentioned in sub-regulation (1) paragraphs (e) to (h) of this

regulation, and shall identify which measures have been taken in

accordance with regulations 5 and 6 of these regulations. The risk

assessment shall be documented in a suitable form according to national

law and practice, and may include a justification by the employer that

the nature and extent of the risks related to chemical agents make a

further detailed risk assessment unnecessary. The risk assessment shall

be kept up-to-date, particularly if there have been significant changes

which could render it out-of-date, or when the results of health

surveillance show it to be necessary.

(5) Certain activities within the undertaking or

establishment, such as maintenance, in respect of which it is foreseeable

that there is a potential for significant exposure, or which may result in

deleterious effects to health and safety for other reasons, even after all

technical measures have been taken, shall be included in the risk

assessment.

(6) In the case of activities involving exposure to several

hazardous chemical agents, the risk shall be assessed on the basis of the

risk presented by all such chemical agents in combination.

(7) In the case of a new activity involving hazardous

chemical agents, work shall only commence after an assessment of the

risk of that activity has been made and any preventive measures

identified have been implemented.

DANGEROUS SUBSTANCES

The following are chemical agents are to be considered dangerous within the meaning

of these regulations

(a) explosive substances and preparations: solid, liquid, pasty or gelatinous substances

and preparations which may also react exothermically without atmospheric oxygen

thereby quickly evolving gases, and which, under defined test conditions, detonate,

quickly deflagrate or upon heating explode when partially confined.

(b) oxidising substances and preparations: substances and preparations which give rise

to a highly exothermic reaction in contact with other substances, particularly

flammable substances.

(c) extremely flammable substances and preparations: liquid substances and

preparations having an extremely low flash-point and a low boiling-point and gaseous

substances and preparations which are flammable in contact with air at ambient

temperature and pressure.

(d) highly flammable substances and preparations

-

substances and preparations which may become hot and finally catch fire in

contact with air at ambient temperature without any application of energy, or

-

solid substances and preparations which may readily catch fire after brief

contact with a source of ignition and which continue to burn or to be

consumed after removal of the source of ignition, or

-

liquid substances and preparations having a very low flash-point, or

-

substances and preparations which, in contact with water or damp air, evolve

extremely flammable gases in dangerous quantities.

(e) flammable substances and preparations: liquid substances and preparations having

a low flash-point.

(f) very toxic substances and preparations: substances and preparations which in very

low quantities cause death or acute or chronic damage to health when inhaled,

swallowed or absorbed via the skin.

(g) toxic substances and preparations: substances and preparations which in low

quantities cause death or acute or chronic damage to health when inhaled, swallowed

or absorbed via the skin.

(h) harmful substances and preparations: substances and preparations which may

cause death or acute or chronic damage to health when inhaled, swallowed or

absorbed via the skin.

(i) corrosive substances and preparations: substances and preparations which may, on

contact with living tissues, destroy them.

(j) irritant substances and preparations: non-corrosive substances and preparations

which, through immediate, prolonged or repeated contact with the skin or mucous

membrane, may cause inflammation.

(k) sensitising substances and preparations: substances and preparations which, if they

are inhaled or if they penetrate the skin, are capable of eliciting a reaction of

hypersensitisation such that on further exposure to the substance of preparation,

characteristic adverse effects are produced.

(l) carcinogenic substances and preparations: substances or preparations which, if they

are inhaled or ingested or if they penetrate the skin, may induce cancer or increase its

incidence.

(m) mutagenic substances and preparations: substances and preparations which, if

they are inhaled or ingested or if they penetrate the skin, may induce heritable genetic

defects or increase their incidence.

(n) substances and preparations which are toxic for reproduction: substances and

preparations which, if they are inhaled or ingested or if they penetrate the skin, may

produce, or increase the incidence of, non-heritable adverse effects in the progeny

and/or an impairment of male or female reproductive functions or capacity.

(1) In carrying out his obligation to ensure the health and General principles

for the prevention of

safety of workers in any activity involving hazardous chemical agents risks

the employer shall, apart from the measures set out in these regulations,

take, within the context of his responsibilities, the measures necessary

for the health and safety protection of workers, including prevention of

occupational risks and provision of information and training, as well as

provision of the necessary organization and means. The employer shall

be alert to the need to adjust these measures to take account of changing

circumstances and aim to improve existing situations.

(2) An employer shall implement the measures referred to in

the first paragraph of subregulation (1) on the basis of the requirements

of subarticle 6 (2) of the Act.

(3)

Risks to the health and safety of workers at work

involving hazardous chemical agents shall be eliminated or reduced to

a minimum by>

(a)

the design and organisation of systems of work at the

workplace,

(b)

the provision of suitable equipment for work with

chemical agents and maintenance procedures which ensure the

health and safety of workers at work,

(c)

reducing to a minimum the number of workers

exposed or likely to be exposed,

(d)

reducing to a minimum the duration and intensity of

exposure,

(e)

appropriate hygiene measures,

(f)

reducing the quantity of chemical agents present at

the workplace to the minimum required for the type of work

concerned,

(g)

suitable working procedures including arrangements

for the safe handling, storage and transport within the workplace

of hazardous chemical agents and waste containing such chemical

agents.

(4)

Where the results of the assessment referred to in

regulation 4 (1) reveal a risk to the health and safety of workers, the

specific protection, prevention and monitoring measures laid down in

regulations 6, 7 and 10 shall be applied.

(5)

Where the results of the risk assessment referred to in

regulation 4(1) show that, because of the quantities of a hazardous

chemical agent present in the workplace, there is only a slight risk to

the health and safety of workers, and the measures taken in accordance

with subregulations (1) and (2) of this regulation are sufficient to reduce

that risk, the provisions of Regulations 6, 7 and 10 shall not apply.

INDICATIVE OCCUPATIONAL EXPOSURE LIMIT VALUES

Einecs ( 1 )

CAS ( 2 )

Name of agent

Limit values

Notation ( 3 )

Eight hours ( 4 )

Short-term ( 5 )

mg/m ( 6 )

ppm ( 7 )

mg/m ( 6 )

ppm ( 7 )

200-467-2

60-29-7

Diethylether

-

200-662-2

67-64-1

Acetone

1 210

-

-

-

200-663-8

67-66-3

Chloroform

-

-

Skin

200-756-3

71-55-6

1,1,1-

1 110

-

Trichloroethane

200-834-7

75-04-7

Ethylamine

9,4

-

-

-

200-863-5

75-34-3

1,1—

-

-

Skin

Dichloroethane

200-870-3

75-44-5

Phosgene

0,08

0,02

0,4

0,1

-

200-871-9

75-45-6

Chlorodifluorometh

3 600

1 000

-

-

-

ane

201-159-0

78-93-3

Butanone

-

201-176-3

79-09-4

Propionic acid

-

202-422-2

95-47-6

o-Xylene

Skin

202-425-9

95-50-1

1,2-

Skin

Dichlorobenzene

202-436-9

95-63-6

1,2,4-

-

-

-

Trimethylbenzene

202-704-5

98-82-8

Cumene

Skin

202-705-0

98-83-9

2-Phenylpropene

-

202-849-4

100-41-4

Ethylbenzene

Skin

203-313-2

105-60-2

e-Caprolactam,

-

-

-

(dust and vapour)

203-388-1

106-35-4

Heptan-3-one

-

-

-

203-396-5

106-42-3

p-Xylene

Skin

203-400-5

106-46-7

1,4-

-

Dichlorobenzene

203-470-7

107-18-6

Allyl alcohol

4,8

12,1

Skin

203-473-3

107-21-1

Ethylene glycol

Skin

203-539-1

107-98-2

1-

Skin

Methoxypropanol-2

203-550-1

108-10-1

4-Methylpentan-2-

-

one

203-576-3

108-38-3

m-Xylene

Skin

203-603-9

108-65-6

2-Methoxy-1-

Skin

methylethylacetate

203-604-4

108-67-8

Mesitylene

-

-

-

(Trimethylbenzes)

203-628-5

108-90-7

Chlorobenzene

-

203-631-1

108-94-1

Cyclohexanone

40,8

81,6

Skin

203-632-7

108-95-2

Phenol

7,8

-

-

Skin

203-726-8

109-99-9

Tetrahydrofuran

Skin

203-737-8

110-12-3

5-Methylhexan-2-

-

-

-

one

203-767-1

110-43-0

Heptan-2-one

Skin

203-808-3

110-85-0

Piperazine

0,1

-

0,3

-

-

203-905-0

111-76-2

2-Butoxyethanol

Skin

203-933-3

112-07-2

2-Butoxyethyl

Skin

acetate

204-065-8

115-10-6

Dimethylether

1 920

1 000

-

-

-

204-428-0

120-82-1

1,2,4-

15,1

37,8

Skin

Trichlorobenzene

204-469-4

121-44-8

Triethylamine

8,4

12,6

Skin

204-662-3

123-92-2

Isopentylacetate

-

204-697-4

124-40-3

Dimethylamine

3,8

9,4

-

204-826-4

127-19-5

N,N-

Skin

Dimethylacetamide

205-480-7

141-32-2

n-Butylacrylate

-

205-563-8

142-82-5

n-Heptane

2 085

-

-

-

208-394-8

526-73-8

1,2,3-

-

-

-

Trimethylbenzene

208-793-7

541-85-5

5-Methylheptan-3-

-

one

Einecs ( 1 )

CAS ( 2 )

Name of agent

Limit values

Notation ( 3 )

Eight hours ( 4 )

Short-term ( 5 )

mg/m ( 6 )

ppm ( 7 )

mg/m ( 6 )

ppm ( 7 )

210-946-8

626-38-0

1-

-

Methylbutylacetate

211-047-3

628-63-7

Pentylacetate

-

620-11-1

3-Pentylacetate

-

625-16-1

Amylacetate, tert

-

215-535-7

1330-20-

Xylene, mixed

Skin

isomers, pure

222-995-2

3689-24-

Sulphotep

0,1

-

-

-

Skin

231-634-8

7664-39-

Hydrogen fluoride

1,5

1,8

2,5

-

231-131-3

7440-22-

Silver, metallic

0,1

-

-

-

-

231-595-7

7647-01-

Hydrogen chloride

-

231-633-2

7664-38-

Orthophosphoric

-

-

-

acid

231-635-3

7664-41-

Ammonia,

-

anhydrous

231-954-8

7782-41-

Fluorine

1,58

3,16

-

231-978-9

7783-07-

Dihydrogen

0,07

0,02

0,17

0,05

-

selenide

233-113-0

10035-

Hydrogen bromide

-

-

6,7

-

10-6

247-852-1

26628-

Sodium azide

0,1

-

0,3

-

Skin

22-8

252-104-2

34590-

(2-

-

-

Skin

94-8

Methoxymethyletho

xy)-propanol

Fluorides, inorganic

2,5

-

-

-

-

( 1 ) Einecs: European inventory of existing chemical substances.

( 2 ) CAS: Chemical abstract service registry umber.

( 3 ) A skin notation assigned to the OEL identifies the possibility of significant uptake through the skin.

( 4 ) Measured or calculated in relation to a reference period of eight-hours time-weighted average.

( 5 ) A limit value above which exposure should not occur and is related to a 15-minute period, unless

otherwise specified.

( 6 ) mg/m : milligrams per cubic metre of air at 20 °C a d 101,3 KPa.

( 7 ) ppm: parts per million by volume in air (ml/m 3 ).

(1) The employer shall ensure that the risk from a hazardous

chemical agent to the health and safety of workers at work is eliminated

or reduced to a minimum.

(2) (a) In applying paragraph 1, substitution shall by

preference be undertaken, whereby the employer shall avoid the

use of a hazardous chemical agent by replacing it with a chemical

agent or process which, under its condition of use, is not hazardous

or less hazardous to workers’ health and safety, as the case may

be.

(b) Where the nature of the activity does not permit

risk to be eliminated by substitution, having regard to the activity

and risk assessment referred to in regulation 4, the employer shall

ensure that the risk is reduced to a minimum by application of

protection and prevention measures, consistent with the assessment

of the risk made pursuant to regulation 4. These will include, in

order of priority>

(i) design of appropriate work processes and engineering

controls and use of adequate equipment and materials, so as

to avoid or minimise the release of hazardous chemical agents

which may present a risk to workers’ health and safety at the

place of work<

(ii) application of collective protection measures at the

source of the risk, such as adequate ventilation and appropriate

organizational measures<

(iii) where exposure cannot be prevented by other means,

application of individual protection measures including

personal protective equipment.

(3)

The measures referred to in subregulation (2) of this

regulation shall be accompanied by health surveillance in accordance

with regulation 10 if it is appropriate to the nature of the risk.

(4)

Unless the employer clearly demonstrates by other

means of evaluation that, in accordance with subregulation (2), adequate

prevention and protection have been achieved, the employer shall carry

out on a regular basis, and when any change occurs in the conditions

which may affect workers’ exposure to chemical agents, such

measurements of chemical agents which may present a risk to workers’

health at the workplace as are necessary, in particular in relation to the

occupational exposure limit values.

(5) (a) The employer shall take into account the results of

the procedures referred to in subregulation (4) of this regulation in

carrying out the obligations laid down in or resulting as a consequence

of regulation 4.

(b) In any event, where an occupational exposure limit value

prescribed by regulations has been exceeded, the employer shall

immediately take steps, taking into account the nature of that limit,

to remedy the situation by carrying out preventive and protective

measures.

(6) On the basis of the overall assessment of and general

principles for the prevention of risks in regulations 4 and 5, the employer

shall take technical and/or organisational measures appropriate to the

nature of the operation, including storage, handling and segregation of

incompatible chemical agents, providing protection of workers against

hazards arising from the physico-chemical properties of chemical agents.

In particular he shall take measures, in order of priority, to

(a) prevent the presence at the workplace of hazardous

concentrations of inflammable substances or hazardous quantities

of chemically unstable substances or, where the nature of the work

does not allow that,

(b) avoid the presence of ignition sources which could give

rise to fires and explosions, or adverse conditions which could

cause chemically unstable substances or mixtures of substances to

give rise to harmful physical effects, and

(c) mitigate the detrimental effects to the health and safety of

workers in the event of fire or explosion due to the ignition of

inflammable substances, or harmful physical effects arising from

chemically unstable substances or mixtures of substances.

(7) Work equipment and protective systems provided by

the employer for the protection of workers shall comply with the relevant

national provisions on design, manufacture and supply with respect to

health and safety.

(8) The employer shall take measures to provide sufficient

control of plant, equipment and machinery or provision of explosion

suppression equipment or explosion pressure relief arrangements.

(1) The first-aid, fire-fighting and evacuation measures as

deal with accidents,

well as the warning and communication systems related to matters

covered by these regulations including the Schedules hereto shall take

place in accordance with the Work Place (First Aid) Regulations 2002),

the Work Place (Minimum Health and Safety Requirements)

Regulations, 2002 and the Work Place (Provision of Health and/or

Safety Signs) Regulations 2002.

(2) Without prejudice to the generality of the foregoing, an

employer shall, in order to protect the health and safety of workers

from an accident, incident or emergency related to the presence of

hazardous chemical agents at the workplace, establish procedures or

action plans which can be put into effect when any such event occurs,

so that appropriate action is taken. These arrangements shall include

any relevant safety drills that are to be performed at regular intervals,

as well as the provision of appropriate first aid facilities.

(3) In the case of the occurrence of an event such as is

mentioned in the preceding paragraph, an employer shall immediately

take steps to reduce the effects of the event and to inform the workers

concerned thereof.In order to restore the situation to normal, the

employer shall implement appropriate measures to remedy the situation

as soon as possible, and shall permit only those workers who are essential

to the carrying out of repairs or to carry out other necessary work in the

affected area.

(4) Workers who are permitted to work in the affected area

shall be provided with appropriate protective clothing, personal

protective equipment, specialised safety equipment and plant, which

they must use as long as the situation persists. An employer shall ensure

that such a situation is not allowed to become permanent.

(5) An employer shall take all appropriate steps to ensure

that no unprotected persons permitted to remain or to enter in the affected

area.

(6) An employer shall take the measures necessary to

provide the warning and other communication systems required to signal

an increased risk to health and safety whenever such occurs, so as to

enable an appropriate response and to launch remedial actions,

assistance, escape and rescue operations immediately if the need arises.

(7) An employer shall ensure that information on emergency

arrangements involving hazardous chemical agents is available,

including to the relevant internal and external accident and emergency

services, and for this purpose shall give advance notice of relevant work

hazards, hazard identification arrangements, precautions and procedures,

so that the emergency services can prepare their own response

procedures and precautionary measures.An employer shall also make

available information concerning specific hazards arising, or likely to

rise, at the time of an accident or emergency, including information on

procedures prepared pursuant to this regulation.

(1) Without prejudice to the General Provisions for Health Information and

training for workers

and Safety at Work Places Regulations, 2003 concerning the information

and training of workers, the employer shall ensure that>

(i) workers and, or their representatives are provided

with>

a)

the data obtained pursuant to Regulation 4 of these

Regulations, and further informed whenever a major alteration at

the workplace leads to a change in these data,

b)

information on the hazardous chemical agents

occurring in the workplace, such as the identity of those agents,

the risks to health and safety, relevant occupational exposure limit

values and other legislative provisions,

c)

training and information on appropriate precautions

and actions to be taken in order to safeguard themselves and other

workers at the workplace,

d)

access to any safety data sheet provided by the

supplier< and

(ii) the information is>

(a) provided in a manner appropriate to the outcome of the

risk assessment pursuant to Regulation 4 of these Regulations. This

may vary from oral communication to individual instruction and

training supported by information in writing, depending on the

nature and degree of the risk revealed by the assessment required

by the said Regulation,

(b) updated to take account of changing circumstances.

(2) Where containers and pipes for hazardous chemical agents

used at work are not marked in accordance with Work Place (Provision

of Health and/or Safety Signs) Regulations 2002, the employer shall,

without prejudice to any derogations provided for in any such

Regulations, ensure that the contents of the containers and pipes, together

with the nature of those contents and any associated hazards, are clearly

identifiable.

(1) To prevent the exposure of workers to health risks from

certain chemical agents and,or certain activities involving chemical

agents, the production, manufacture or use at work of the chemical agents

and the activities set out in Schedule III shall be prohibited to the extent

specified therein.

(2) (a) The Minister may permit derogations from

requirements of subregulation (1) in the following circumstances

i) for the sole purpose of scientific research and testing,

including analysis,

ii) for activities intended to eliminate chemical agents

that are present in the form of by-products or waste products,

iii) for the production of the chemical agents referred to

in subregulation (1) for use as intermediates, and for such

use.

(b) The exposure of workers to chemical agents referred to

in subregulation (1) must be prevented, in particular by providing

that the production and earliest possible use of such chemical agents

as intermediates must take place in a single closed system, from

which the aforesaid chemical agents may be removed only to the

extent necessary to monitor the process or service the system.

(c) The Minister may make regulations providing for

systems of individual authorisations.

(3) Derogations pursuant to paragraph 2 may be permitted,

after the employer submits to the Authority the following information

a) the reason for requesting the derogation,

b) the quantity of the chemical agent to be used annually,

c) the activities and, or reactions or processes involved,

d) the number of workers liable to be involved,

e) the precautions envisaged to protect the health and safety

of workers concerned,

f) the technical and organisational measures taken to prevent

the exposure of workers.

(4) The Minister may amend the list of prohibitions under

subregulation (1) of this regulation, to include further chemical agents

or activities.

(1) (a) Without prejudice to each worker’s right, if he so Health surveillance

wishes, to receive health surveillance at regular intervals, an employer

shall make arrangements for carrying out appropriate health surveillance

of workers for whom the results of the assessment referred to in

Regulation 4 of these Regulations reveal a risk to health, and such health

and exposure records shall be made available to the Authority.

(b) Health surveillance, the results of which shall be taken

into account in applying preventive measures in the specific

workplace, shall be appropriate where>

i) the exposure of the worker to a hazardous chemical

agent is such that an identifiable disease or adverse health

effect may be related to the exposure, and

ii) there is a likelihood that the disease or effect may

occur under the particular conditions of the worker’s work,

and

iii) the technique of investigation is of low risk to

workers.

(c) Furthermore, there shall be valid techniques for detecting

indications of the disease or effect.

(d) Where a prescribed biological limit value has been set

as indicated in Schedule II, health surveillance shall be a

compulsory requirement for work with the hazardous chemical

agent in question, in accordance with the procedures in that

Schedule. Workers shall be informed of this requirement before

being assigned to the task involving risk of exposure to the

hazardous chemical agent indicated.

(2) An employer shall ensure that for each worker who

undergoes health surveillance in accordance with the requirements of

subregulation (1), individual health and exposure records are made and

kept up-to-date.

(3) (a) Health and exposure records shall contain a summary

of the results of health surveillance carried out and of any monitoring

data representative of the exposure of the individual. Biological

monitoring and related requirements may form part of health

surveillance.

(b) Health and exposure records shall be kept in a suitable

form so as to permit consultation at a later date, taking into account

any confidentiality.

(c) Copies of the appropriate records shall be supplied to

the Authority on request. The individual worker shall, at his request,

have access to the health and exposure records relating to him

personally.

(d) Where an undertaking ceases to trade, the health and

exposure records shall be made available to the Authority, or to

the worker concerned as the case may be.

(4) Where, as a result of health surveillance<

a) a worker is found to have an identifiable disease or adverse

health effect which is considered by a doctor or other competent

person to be the result of exposure at work to a hazardous chemical

agent, or

b) a binding biological limit value is found to have been

exceeded,

the worker shall be informed by the doctor or other competent person

of the result which relates to him personally, including information and

advice regarding any health surveillance which he should undergo

following the end of the exposure. The employer shall>

i) review the risk assessment made pursuant to regulation

4(1),

ii) review the measures provided to eliminate or reduce

risks pursuant to regulations 5 and 6,

iii) take into account the advice of the competent person

or the Authority in implementing any measures required to

eliminate or reduce risk in accordance with regulation 6,

including the possibility of assigning the worker to alternative

work where there is no risk of further exposure, and

iv) arrange continued health surveillance and provide

for a review of the health status of any other worker who has

been similarly exposed. In such cases the doctor or competent

person or the Authority may propose that exposed persons

undergo a medical examination.

Consultation and participation of workers and,or their Consultation and

participation of

representatives on the matters covered by these regulations, including workers

the Schedules hereto, shall take place in accordance with the General

Provisions for Health and Safety at Work Places Regulations, 2002.

In any proceedings for an offence under these regulations Onus of proof

consisting of a failure to comply with a duty or requirement to do

something, or to do something so far as is reasonably practicable, it

shall be for the accused to prove (as the case may be) that it was not

practicable or not reasonably practicable to do more than was in fact

done to satisfy the duty or requirement, or that there was no better

practicable means than was in fact used to satisfy the duty or requirement.

The Authority may draw up practical guidelines of a non-

binding nature. These guidelines shall address the topics referred to in

regulations 3, 4, 5 and 6, and Schedule II, section 1.

Any person who knowingly or recklessly interferes with

the process of providing a safe and healthy place of work shall be guilty

of an offence.