REACH and Pesticides (UK Brexit)

UPDATE (31 Jan 2019) : the Pesticides area is now elaborated with new guidance – here.

I posted before about HSE having the role of registering Chemicals (in the event of no deal), because there would no longer be access to ECHA. HSE has now elaborated its online presence a bit more, with guidance and instructions. This online presence also gives access (left hand side) to Pesticides instructions.

Here

In addition, a draft REACH Brexit statutory instrument was published. This is loaded into the Brexit Law List, accessed from subscribers’ Cardinal Environment EHS Legislation Registers & Checklists systems.

This draft instrument identifies the new domestic law will be a UK amended version of the EU REACH Regulation.

It is a complex draft instrument, it confirms the safety data sheets would be continued, with some changes, and confirms the downstream user obligations would also continue, again with some changes. The document is here.

In due course, we (Cardinal Environment) will produce a consolidated version of this new domestic law.

Please see this Chemical Watch analysis of the draft instrument, here.

In the event there is a deal, or a FTA, the law could change again. I will update this post, and/or issue a new port.

HSE Guidance (UK Brexit)

HSE has now created an online resource for the UK Brexit Notices (the ones it is dealing with) and it’s own guidance for its new role in Chemicals Regulation (I posted about the new role for HSE recently). This online resource is here.

On this resource is new additional REACH guidance here.

Plus an important table with key dates here. Note the downstream user stipulations in this table.

Indicative Occupational Exposure Limits (EU)

Directive 2017/164/EU – indicative occupational exposure limit values of 31 January 2017 establishing a fourth list of indicative occupational exposure limit values pursuant to Council Directive 98/24/EC, and amending Commission Directives 91/322/EEC, 2000/39/EC and 2009/161/EU (Text with EEA relevance) – is in force.

The Cardinal Environment EHS Legislation Registers and Law Checklists have the third list of indicative occupational exposure limit values. The fourth list is being added shortly.

The fourth list is based on Council Directive 98/24/EC concerning the protection of the health and safety of workers from the risks related to chemical agents in the workplace. This was the case for previous indicative lists.

Indicative occupational exposure limit values (IOELV) are health-based, non-binding values, derived from the most recent scientific data available and taking into account the availability of reliable measurement techniques.

For any chemical agent for which an IOELV has been set at European Union level, Member States are required to establish a national occupational exposure limit value. They also are required to take into account the European Union limit value, determining the nature of the national limit value in accordance with national legislation and practice.

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 21 August 2018 at the latest.

Regarding the limit values for nitrogen monoxide, nitrogen dioxide and carbon monoxide, Member States will be able to benefit from a transitional period ending at the latest on 21 August 2023.

The 2017 Directive establishes limit values for the following chemical agents:

Manganese and inorganic manganese compounds (as manganese)

Glycerol trinitrate

Carbon tetrachloride; Tetrachloromethane

Amitrole

Acetic acid

Hydrogen cyanide (as cyanide)

Methylene chloride; Dichloromethane

Vinylidene chloride; 1,1-Dichloroethylene

Tetraethyl orthosilicate

Acrylic acid; Prop-2-enoic acid

Nitroethane

Bisphenol A; 4,4′-Isopropylidenediphenol

Diphenyl ether

2-ethylhexan-1-ol

1,4-Dichlorobenzene; p-Dichlorobenzene

Acrolein; Acrylaldehyde; Prop-2-enal

Methyl formate

But-2-yne-1,4-diol

Tetrachloroethylene

Ethyl acetate

Sodium cyanide (as cyanide)

Potassium cyanide (as cyanide)

Diacetyl; Butanedione

Carbon monoxide

Calcium dihydroxide

Calcium oxide

Sulphur dioxide

Lithium hydride

Nitrogen monoxide

Nitrogen dioxide

Terphenyl, hydrogenated

Skin absorption feature of ten substances is noted.

Of the 33 substances above, 4 were already listed in the Annex to Commission Directive 91/322/EEC, one was listed in the Annex to Commission Directive 2000/39/EC and one in the Annex to Commission Directive 2009/161/EU. The establishment of new indicative limit values was recommended by SCOEL for the above six substances listed in the Annex to this Directive. They will be deleted from the Annexes to the previous directives on 21 August 2018.

The further lists on indicative occupational exposure limit values (in Cardinal Environment EHS Legislation Registers and Law Checklists):

• Commission Directive 91/322/EEC establishing indicative limit values

• Commission Directive 2000/39/EC establishing a first list of indicative occupational exposure limit values

• Commission Directive 2006/15/EC establishing a second list of indicative occupational exposure limit values

• Commission Directive 2009/161/EU establishing a third list of indicative occupational exposure limit values

UK – the EH40 list is reissuedhere (and will be added shortly to Registers and Law Checklists)

Ditto the Ireland list is updated, and Continental European Registers and Law Checklists will have their current lists updated.

HSE ‘Helping Great Britain Work Well’ (UK)

Britain’s Health and Safety Executive has a new 2016 health and safety system strategy  – it’s called ‘Helping Great Britain work well’.

The new strategy is located here. Subscribers to Cardinal Environment Tailored EHS Legislation Registers should email me if they wish this to be added to OHS Register 101 in their websystem. The strategy does not supplant the existing enforcement approaches.

Six strategic themes : key points

  • There needs to be broader ownership of health and safety
  • It is important to highlight and tackle the costs of work-related ill health
  • Wider recognition is needed of the business benefits that come with proportionate approaches to risk
  • Too many SMEs are still unaware that straightforward advice and simple guidance is available that can help them manage their health and safety responsibilities
  • We all need to horizon scan and ‘design-in’ effective risk management of new or emerging technologies and business modelsThere are benefits for Great Britain and British industries by promoting our health and safety approach around the world

NICE Guidelines (UK)

NICE is the National Institute for Health and Care Excellence. It is an independent organisation, set up by the Government in 1999, that provides national guidance and advice to improve health and social care. 

NICE Guidelines (NG13) published June 2015, last updated March 2016, covers how to improve the health and wellbeing of employees, with a focus on organisational culture and the role of line managers.

In March 2016, NICE added recommendations about older employees, aged over 50 in paid or unpaid work.

NG13 is here. Subscribers to Cardinal Tailored EHS Legislation Registers should email me if they wish this guidelines to be added to their OHS Registers, specifying which OHS Register.

HFC Substitutes (Cool Technologies)

HFCs are being phased out.

A wide variety of environmentally superior and technologically proven HCFC and HFC alternatives are available to meet cooling needs.

The Cool Technologies website includes a sampling of companies using natural alternatives in a variety of applications. It was created to demonstrate there is already a wide array of safe and commercially proven technologies available to meet nearly all those human needs formerly met by fluorinated refrigerants.

Cool Technologies is found here.