Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003

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Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003

Statutory Rules of Northern Ireland

HEALTH AND SAFETY

Made

24 th January 2003

Coming into operation

28 th February 2003

The Department of Enterprise, Trade and Investment(1) , being the Department concerned(2) , in exercise of the powers conferred on it by Articles 2(5) , 17(1) , (2) , (3) , (4) , (5) and (6)(3) and 55(2) of, and paragraphs 1(1) to (4) , 2(1) , 5(1) , 7 , 8 , 10 , 12(1) and (3) , 13 , 14(1) , 15 and 19 of Schedule 3 to, the Health and Safety at Work (Northern Ireland) Order 1978(4) and of every other power enabling it in that behalf and for the purpose of giving effect without modifications to proposals submitted to it by the Health and Safety Executive for Northern Ireland under Article 13(1 A)(5) of that Order after the carrying out by the said Executive of consultations in accordance with Article 46(3)(6) of that Order, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003 and shall come into operation on 28 th February 2003.

Interpretation

2.—(1) In these Regulations–

“the 1978 Order” means the Health and Safety at Work (Northern Ireland) Order 1978;

“appointed doctor” means a registered medical practitioner appointed for the time being in writing by the Executive for the purpose of these Regulations;

“approved” means approved for the time being in writing;

“approved classification” of a biological agent means the classification of that agent approved by the Executive;

“approved supply list” has the meaning assigned to it in regulation 2(1) of the CHIP Regulations;

“biological agent” means a micro-organism, cell culture, or human endoparasite, whether or not genetically modified, which may cause infection, allergy, toxicity or otherwise create a hazard to human health;

“carcinogen” means–

a substance or preparation which if classified in accordance with the classification provided for by regulation 4 of the CHIP Regulations would be in the category of danger, carcinogenic (category 1) or carcinogenic (category 2) whether or not the substance or preparation would be required to be classified under those Regulations; or

a substance or preparation–

listed in Schedule 1; or

arising from a process specified in Schedule 1 which is a substance hazardous to health;

“cell culture” means the in-vitro growth of cells derived from multicellular organisms;

“the CHIP Regulations” means the Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002(7);

“control measure” means a measure taken to reduce exposure to a substance hazardous to health (including the provision of systems of work and supervision, the cleaning of workplaces, premises, plant and equipment, the provision and use of engineering controls and personal protective equipment);

“employment medical adviser” means an employment medical adviser appointed under Article 48(3) of the 1978 Order;

“fumigation” means an operation in which a substance is released into the atmosphere so as to form a gas to control or kill pests or other undesirable organisms;

“Group”, in relation to a biological agent, means one of the four hazard Groups specified in paragraph 2 of Schedule 3 to which that agent is assigned;

“hazard”, in relation to a substance, means the intrinsic property of that substance which has the potential to cause harm to the health of a person;

“health surveillance” means assessment of the state of health of an employee, as related to exposure to substances hazardous to health, and includes biological monitoring;

“health record” means any record kept under regulation 11(3) and in relation to any employee “personal health record” means any such record as relates to him;

“inhalable dust” means airborne material which is capable of entering the nose and mouth during breathing, as defined by BS EN 481 1993;

“maximum exposure limit” for a substance hazardous to health means the maximum exposure limit approved by the Executive for that substance in relation to the specified reference period when calculated by a method approved by the Executive;

“medical examination” includes any laboratory tests and X-rays that a relevant doctor may requ...

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