Draft 2021 Code of Practice for the Chemical Agents Regulations and Carcinogens Regulations

Background

The draft 2021 Code of Practice for the Chemical Agents and Carcinogens Regulations;

• updates and replaces the "2020 Code of Practice for the Safety, Health and Welfare at Work (Chemical Agents) Regulations (2001-2015) and Safety Health and Welfare at Work (Carcinogens) Regulations, (2001-2019)"
• will ensure timely transposition of the EU Directive, as set out below, on Indicative Occupational Exposure Limit Values (IOELVs)

In particular, the draft 2021 Code of Practice includes the following update /amendment:

• Schedule 1 has been updated to include new IOELVs as follows:
  • EU Directive 2019/1831 – 5th Indicative OELV list. These values are currently listed in Schedule 3 of the 2020 Code of Practice, which currently contains these proposed limit values. Please refer to Table 1 in the Explanatory Memorandum for a full list of substances and the limit values.
• Schedule 3 has been updated to include proposed EU binding limit values under the Carcinogens and Mutagens Directive which may be included in the next iteration of the Code of Practice along with other EU Commission OELV proposals. OELVs proposed in Schedule 3 of the 2020 Code of Practice will be retained until the next iteration of the Code of Practice. This is to allow for an appropriate lead in period.

Please refer to the accompanying explanatory memorandum for more.

Note: Amendment to Chemical Agents Regulations 2001- 2015

Please note the Department of Enterprise, Trade and Employment are currently drafting an amending S.I. which will give legal effect to EU Directive 2019/1831 and will also reference previous (1st-4th) EU Indicative OELV directives.

An explanatory memorandum is available here and the draft 2021 Code of Practice is available here.

The closing date for receiving submissions was 5.00 p.m. on Friday 2nd April 2021