Citation and commencement

1.  These Regulations may be cited as the Control of Substances Hazardous to Health (Amendment) Regulations 2003 and shall come into force on 29^th April 2003.

Amendment of the Control of Substances Hazardous to Health Regulations 2002

2.  In the Control of Substances Hazardous to Health Regulations 2002(4)—

(a)in paragraph (1) of regulation 2, after the definition of “mine” add the following definition–

““mutagen” means a substance or preparation which if classified in accordance with the classification provided for by regulation 4 of the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002(5) would be in the category of danger, mutagenic (category 1) or mutagenic (category 2) whether or not the substance or preparation would be required to be classified under those Regulations;;”

(b)in paragraph (5) of regulation 7–

(i)after the word “carcinogen” add the words “or mutagen”, and

(ii)in each place where it occurs, after the word “carcinogens” add the words “or mutagens”;

(c)in paragraph (4) of regulation 13, for the words “carcinogen or biological agent” substitute “carcinogen, mutagen or biological agent”; and

(d)at the end of Schedule 1 add the following substances–

“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,

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

Where T=tetra, Pe=penta, Hx=hexa, Hp=hepta and O=octa.”.

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations amend the Control of Substances Hazardous to Health Regulations 2002 (S.I. 2002/2677) by adding–

(a)a definition of “mutagen” to regulation 2(1) and amending references in regulations 7 and 13 to “carcinogen” to also include “mutagen” thereby implementing paragraphs 2 to 4 of article 1 of Council Directive 1999/38/EC (OJ No. L 138, 1.6.1999, p.66) amending for the second time Council Directive 90/394/EEC (OJ No. L 196, 26.7.90, p.1) on the protection of workers from the risks related to exposure to carcinogens at work; and

(b)17 polychlorodibenzodioxins and polychlorodibenzofurans to the list of substances in Schedule 1 to which the definition of “carcinogen” relates.

2.  A copy of the regulatory impact assessment prepared in respect of these Regulations can be obtained from the Health and Safety Executive, Economic Advisers Unit, Rose Court, 2 Southwark Bridge, London, SE1 9HS. A copy of the Transposition Note in relation to implementation of Council Directive 1999/38/EC can be obtained from the Health and Safety Executive, International Branch at the same address. Copies of both these documents have been placed in the library of each House of Parliament.