Chemicals
S.I. No. 623 of 2015
Chemicals Agents Regulations
SAFETY, HEALTH AND WELFARE AT WORK (CHEMICAL AGENTS)
(AMENDMENT) REGULATIONS 2015
I, RICHARD BRUTON, Minister for Jobs, Enterprise and Innovation, in
exercise of the powers conferred on me by section 58 of the Safety, Health and
Welfare at Work Act 2005 (No. 10 of 2005) (as adapted by the Enterprise,
Trade and Innovation (Alteration of Name of Department and Title of Minister)
Order 2011 (S.I. No. 245 of 2011)) and to give effect to Article 4 of Directive
2014/27/EU of the European Parliament and of the Council of 26 February 20141
and after consultation with the Health and Safety Authority, hereby make the
following regulations:
1. (1) These Regulations may be cited as the Safety, Health and Welfare at
Work (Chemical Agents) (Amendment) Regulations 2015.
(2) The Principal Regulations and these Regulations may be cited together
as the Safety, Health and Welfare at Work (Chemical Agents) Regulations 2001
and 2015.
2. (1) In these Regulations—
“Directive” means Directive 2014/27/EU of the European Parliament and of the
Council of 26 February 20141;
“Principal Regulations” means the Safety, Health and Welfare at Work
(Chemical Agents) Regulations 2001 (S.I. No. 619 of 2001).
(2) A word or expression that is used in these Regulations and is also used
in Article 4 of the Directive, has, unless the contrary intention appears, the
same meaning in these Regulations and the Principal Regulations as it has in
that Article.
3. Regulation 2(1) of the Principal Regulations is amended—
(a) in the definition of “hazardous chemical agent”—
(i) by the substitution of the following paragraph for paragraph (i) of
that definition:
“(i) any chemical agent which meets the criteria for classification
as hazardous within any physical and health hazard
classes, or either such class, laid down in Regulation (EC)
No. 1272/2008 of the European Parliament and of the
1
OJ No. L65, 5.3.2014, p.1
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 5th January, 2016.
[623] 3
Council of 16 December 20082
, referred to in Article 4(1)(a)
of the Directive, whether or not that chemical agent is classified
under that Regulation;”,
(ii) by deleting paragraph (ii) of the definition of “hazardous chemical
agent”, and
(iii) by the substitution of the following paragraph for paragraph (iii)
of that definition:
“(iii) any chemical agent which, whilst not meeting the criteria
for classification as hazardous in accordance with paragraph
(i), may, because of its physico-chemical, chemical or toxicological
properties and the way it is used or is present in the
workplace, present a risk to the safety and health of workers,
including any chemical agent that is assigned an occupational
exposure limit value in the code of practice specifying
the occupational exposure limit values assigned to
chemical agents;”,
(b) by deleting the definition of “Principal Regulations”, and
(c) by inserting the following definition:
“ ‘Act of 2005’ means the Safety, Health and Welfare at Work Act
2005 (No. 10 of 2005);”.
4. Regulation 3 of the Principal Regulations is amended in paragraph (5) by—
(a) the deletion of “as interpreted in Regulation 2 of the Principal Regulations
and”, and
(b) the substitution of “section 8(3) of the Act of 2005” for “Regulation
4 of those Regulations”.
5. Regulation 4 of the Principal Regulations is amended in paragraph (1) by—
(a) the substitution of “section 19 of the Act of 2005” for “the Principal
Regulations”, and
(b) the substitution of the following subparagraph for subparagraph (b):
“(b) information on safety and health that shall be provided by the
supplier and which shall include the relevant safety data sheet
provided in accordance with Regulation (EC) No. 1907/2006 of
the European Parliament and of the Council of 18 December
20063, referred to in Article 4(2) of the Directive,”.
6. Regulation 5 of the Principal Regulations is amended in paragraph (1) by
the substitution of “section 8 of the Act of 2005” for “the Principal Regulations”.
7. Regulation 8 of the Principal Regulations is amended by the substitution
of “section 11 of the Act of 2005” for “the Principal Regulations”.
8. Regulation 9 of the Principal Regulations is amended—
(a) in paragraph (1)—
(i) by the substitution of “section 9(3) of the Act of 2005” for “Principal
Regulations”, and
(ii) by the substitution of the following subparagraph for subparagraph
(d):
“(d) access to any safety data sheet provided by the supplier in
accordance with Article 31 of Regulation (EC) No.
1907/2006.”,
(b) in paragraph (3), by the substitution of “Safety, Health and Welfare
at Work (General Application) Regulations 2007 (S.I. No. 299 of
2007)” for “Safety, Health and Welfare at Work (Signs) Regulations,
1995 (S.I. No. 132 of 1995)”, and
(c) in paragraph (4), by the substitution of “sections 9 and 10 of the Act
of 2005” for “the Principal Regulations”.
9. Regulation 10 of the Principal Regulations is amended in paragraph (1) by
the substitution of “section 22 of the Act of 2005” for “the Principal
Regulations”.
10. Schedule 2 to the Principal Regulations is amended by the substitution of
“40μg” for “40mg”.
GIVEN under my Official Seal,
22 December 2015.
RICHARD BRUTON,
Minister for Jobs, Enterprise and Innovation.
[623] 5
EXPLANATORY NOTE
(This Note is not part of the Instrument and does not purport to be a legal
interpretation.) Directive 2014/27/EU seeks to amend five EU Directives on health and safety
at work as a result of the adoption of the EU “CLP” Regulation (EC) No.
1272/2008 on classification, labelling and packaging of substances and mixtures
in 2008.
The Safety, Health and Welfare at Work (Chemical Agents) (Amendment)
Regulations 2015 amend S.I. No. 619 of 2001 in order to transpose Article 4 of
Directive 2014/27/EU.
S.I. No. 78/2001 – Safety, Health and Welfare At Work (Carcinogens) Regulations, 2001.
S.I. No. 078 of 2001
S.I. No. 231/2021 –
Safety, Health and Welfare at Work (Chemical Agents) (Amendment) Regulations 2021
I, DAMIEN ENGLISH, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 58 of the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005) (as adapted by the Business, Enterprise and Innovation (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 519 of 2020 )) and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) Order 2020 ( S.I. No. 579 of 2020 ) and for the purpose of giving further effect to Council Directive 98/24/EC of 7 April 19981 , Commission Directive 2000/39/EC of 8 June 20002 , Commission Directive 2006/15/EC of 7 February 20063 , Commission Directive 2009/161/EU of 17 December 20094 , Commission Directive (EU) 2017/164 of 31 January 20175 and Commission Directive (EU) 2019/1831 of 24 October 20196 , after consultation with the Health and Safety Authority, hereby make the following regulations:
1. (1) These Regulations may be cited as the Safety, Health and Welfare at Work (Chemical Agents) (Amendment) Regulations 2021.
(2) The Principal Regulations, the Regulations of 2015 and these Regulations may be cited together as the Safety, Health and Welfare at Work (Chemical Agents) Regulations 2001 to 2021.
2. In these Regulations—
“Principal Regulations” means the Safety, Health and Welfare at Work (Chemical Agents) Regulations 2001 ( S.I. No. 619 of 2001 );
“Regulations of 2015” means the Safety, Health and Welfare at Work (Chemical Agents) (Amendment) Regulations 2015 ( S.I. No. 623 of 2015 ).
3. Regulation 2(1) (as amended by Regulation 3 of the Regulations of 2015) of the Principal Regulations is amended—
(a) in the definition of “Code of Practice”, by substituting “section 60 of the Act of 2005” for “section 30 of the Act”, and
(b) by substituting for the definition of “occupational exposure limit value” the following:
“‘occupational exposure limit value’ means the limit of the time-weighted average of the concentration of a chemical agent in the air within the breathing zone of a worker in relation to a specified reference period, as set by the Authority in a Code of Practice, taking into account the relevant indicative occupational exposure limit value as set down in—
(a) Commission Directive 2000/39/EC of 8 June 20002 , as amended from time to time,
(b) Commission Directive 2006/15/EC of 7 February 20063 , as amended from time to time,
(c) Commission Directive 2009/161/EU of 17 December 20094 , as amended from time to time,
(d) Commission Directive (EU) 2017/164 of 31 January 20175 , as amended from time to time, and
(e) Commission Directive (EU) 2019/1831 of 24 October 20196 , as amended from time to time,
and, in the case of a chemical agent for which a binding occupational exposure limit value is established in Annex I to Council Directive 98/24/EC of 7 April 19981 and Schedule 1, not exceeding that binding value;”.
GIVEN under my hand,
12 May 2021
DAMIEN ENGLISH,
Minister of State at the Department of Enterprise, Trade and Employment.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
The purpose of these Regulations is to amend the Safety, Health and Welfare at Work (Chemical Agents) Regulations 2001 to give further effect to Council Directive 98/24/EC of 7 April 1998, Commission Directive 2000/39/EC of 8 June 2000, Commission Directive 2006/15/EC of 7 February 2006, Commission Directive 2009/161/EU of 17 December 2009, Commission Directive (EU) 2017/164 of 31 January 2017 and Commission Directive (EU) 2019/1831 of 24 October 2019.
1 OJ No. L 131, 5.5.1998, p. 11.
2 OJ No. L 142, 16.6.2000, p. 47.
3 OJ No. L 38, 9.2.2006, p. 36.
4 OJ No. L 338, 19.12.2009, p. 87.
5 OJ No. L 27, 1.2.2017, p. 115.
6 OJ No. L 279, 31.10.2019, p. 31.
2 OJ No. L 142, 16.6.2000, p. 47.
3 OJ No. L 38, 9.2.2006, p. 36.
4 OJ No. L 338, 19.12.2009, p. 87.
5 OJ No. L 27, 1.2.2017, p. 115.
6 OJ No. L 279, 31.10.2019, p. 31.
1 OJ No. L 131, 5.5.1998, p. 11.