Have your say on CLP and its’ impact on UK Chemical and Health and Safety Legislation [UK]

The CLP Regulations will fully replace the existing Dangerous Substances Directive Regulations and Dangerous Preparations Directive on 1 June 2015. This consultation is as a result of an amending directive that updates five health and safety European Directives to reflect the changes introduced by CLP. Therefore, consequential amendments to a number of UK regulations have to made to align them with CLP by 1 June 2015 transposition deadline.  Also on this date the CLP will revoke another piece of UK legislation the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013.

The UK legislation that will be impacted by the CLP and as such are the focus of this consultation are:

Health and Safety (Safety Signs and Signals) Regulations 1996 – there will be a number of changes to these Regulations as a result of the CLP with duty holders required to replace some generic signs and labels currently used on hazard substances with new specific warning pictograms. The HSE consultation is seeking the public’s views on these new pictograms.

Definition of ‘substance hazardous to health’ will change in the Control of Substances Hazardous to Health Regulations 2002 (‘COSHH’) and the suggested new wording only affects paragraph (a) of the definition, the rest of the definition stays the same: ‘substance hazardous to health’ means a substance (including a mixture)- (a) which meets the criteria for classification as hazardous within any health hazard class laid down in the CLP Regulations whether or not the substance is classified under that regulation’. All reference to very toxic, toxic, harmful, corrosive or irritant has been removed.  The definitions for carcinogen and mutagen have also changed in COSHH as well.

Certain definitions in the Dangerous Substances and Explosive Atmospheres Regulations 2002 are also impacted by the CLP namely ‘dangerous substance’ and ‘hazard’.

Also impacted are the Management of Health and Safety at Work Regulations 1999.

The public consultation started on 12 June and will close on 5 August 2014. Those wishing to submit comments can do so either online, via email or send written comments by post.

Sources :  Press Release “CD269 – Consultation on proposals on the alignment of health and safety regulations with the EU direct acting Classification, Labelling and Packaging Regulation” published on the HSE website dated 12 June 2014

External links :

HSE press release 12 June 2014 – CLP consultation

Red-on-line EHS Legal Counsel