The Marketing and Use of Dangerous Substances (No. 4) Regulations (Northern Ireland) 2003

Permitted marketing and use of arsenic compounds

6.—(1) Subject to paragraphs (3) and (4), solutions of inorganic compounds of the copper, chromium, arsenic (CCA) type C may be used as substances or preparations in the preservation of wood in industrial installations using vacuum or pressure to impregnate wood.

(2) Subject to paragraph (3), wood treated with CCA solutions in industrial installations in accordance with paragraph (1) may be placed on the market but not before fixation of the preservative is completed.

(3) Wood treated with CCA solutions in industrial installations in accordance with paragraph (1) may be placed on the market for professional and industrial use provided that the structural integrity of the wood is required for human or livestock safety and skin contact by the general public during its service life is unlikely –

(a)as structural timber in public and agricultural buildings, office buildings, and industrial premises;

(b)in bridges and bridgework;

(c)as constructional timber in freshwater areas and brackish waters e.g. jetties and bridges;

(d)as noise barriers;

(e)in avalanche control;

(f)in highway safety fencing and barriers;

(g)as debarked round conifer livestock fence posts;

(h)in earth retaining structures;

(i)as electric power transmission and telecommunications poles; or

(j)as underground railway sleepers.

(4) Subject to paragraph (5), wood treated in accordance with paragraph (1) may not be used:

(a)in residential or domestic constructions, whatever the purpose;

(b)in any application where there is a risk of repeated skin contact;

(c)in marine waters;

(d)for agricultural purposes other than for livestock fence posts and structural uses in accordance with paragraph (3); or

(e)in any application where the treated wood may come into contact with intermediate or finished products intended for human or animal consumption.

(5) Paragraph 4 does not apply to wood in place before 30th June 2004.

(6) Without prejudice to the application of other rules and regulations on the classification, packaging and labelling of dangerous substances and preparations, all treated wood placed on the market pursuant to this regulation shall be individually labelled using the following words –

• “For professional and industrial installation and use only, contains arsenic”.

(7) In addition, all wood placed on the market in packs shall bear a label stating –

• “Wear gloves when handling this wood. Wear a dust mask and eye protection when cutting or otherwise crafting this wood. Waste from this wood shall be treated as hazardous by an authorised undertaking”.