Legal Register-USECHH Regulation

Occupational, Safety & Health (Use and Doc. No.
Standards of Exposure of Chemicals Rev. No. 0

Hazardous to Health) Regulations 2000
Legal Register Page No. 1 of 15
OCCUPATIONAL, SAFETY & HEALTH ACT 1994 (Act 514)

REGULATIONS: Occupational, Safety & Health (Use and Standards of Exposure of Chemicals Hazardous to Health) Regulations 2000
Notes:
C – Comply NC – Not Comply NA – Not Applicable FI – For Information
COMPLIANCE
PART REGULATIONS SUMMARY / REQUIREMENTS HOW TO COMPLY
C NC NA
I APPLICATION
These Regulations shall apply to all places of work which are
within the jurisdiction of the Act where chemical hazardous to
health are used except chemical which are :-
The use of Standard Thinner,
Lamination Resin, Hardener
a) Defined as radioactive materials under the Atomic Energy
√ Powder, Dunlop standard Glu and
3(1) Licensing Act 1984 [Act 304];
adhesive for the prosthetics and
orthotics manufacturer.
b) Foodstuffs;
c) Hazardous to health solely by virtue of their explosive or
flammable properties, or solely because they are at a high or low
temperature or a high pressure; and
d) Pharmaceutical product.
4(1) DUTY OF EMPLOYERS & SELF-EMPLOYED PERSON
Where any duty is imposed by these Regulations on an √ Duty imposed by regulations
employer in respect of his employees, he shall, so far as is
practicable, be under a like duty in respect of any other person
who may be affected by the work activity carried on by the
employer, whether at work or not, expect that the duties of the
employer :-
a) Under regulation 26 shall not extend to persons who are not
his employees, unless those persons are on the premises and
carrying out work for the employer; and
b) Under regulation 27 shall not extend to persons who are not
his employees.
These Regulation, expect regulations 26 and 27, shall apply to a
4(2)
self-employed person as they apply to an employer and √
employee.
COMPLIANCE
C NC NA
REGISTER OF CHEMICALS HAZARDOUS TO HEALTH
Establishment of Chemical
5(1) Employer shall identify and record in a register all chemicals in √
Register.
the place of work.
The register shall be maintained in good order and condition
and update from time to time and following the information :-
a) List of all chemicals hazardous to health used;
b) The current Chemical Safety Data Sheet for each of the
chemical hazardous to health expect for pesticides which shall
have information as specified in Schedule III; Maintenance and updating of
5(2) c) Average quantity used, produced or stored per month or per √ chemical register and record of
year whichever is applicable for each of the chemicals SDS.
hazardous to health;
II d) the process and work area where the chemicals hazardous to
health are used; and
e) The name and address of the supplier of each of the
chemicals hazardous to health.
The register shall be accessible to all employees at the place of
Chemical register is made sure to
5(3) work who may be exposed or are likely to be exposed to √
be accessible for all employees.
The requirements in sub regulations (1) and (2) shall not apply if
the employer has complied with the requirements of regulation 9
Compliance with regulation 9 and
5(4) and sub regulation 11(1) of the Environmental Quality (Schedule √
sub regulation 11(1) of the EQA
Wastes) Regulations 1989 [P.U.(A) 139/89].
(Scheduled Wastes) Regulations
1989.
III 6 CEILING LIMITS

An employer shall ensure that the exposure of any person to

any chemical hazardous to health listed in Schedule I at no time Undertake CHRA and implement
√
exceeds the ceiling limit specified for that chemical in that recommendations.
Schedule.
COMPLIANCE
C NC NA
7(1) EIGHT-HOUR TIME-WEIGHTED AVERAGE
An employer shall ensure that the exposure of any person to
any chemical hazardous to health listed in Schedule I in any
Shift work
eight hour work week does not exceed the eight-hour time - √
weight average airborne concentration specified for that
chemical in that Schedule.
Notwithstanding sub regulation (1), the exposure of any person
to any chemical hazardous to health listed in Schedule I shall Shift work
7(2) √
not exceed the maximum exposure limit for that chemical during
the work shift.
COMPLIANCE WITH PERMISSIBLE EXPOSURE LIMIT
8(1)
USING RESPIRATOR
III
For the purpose of determining whether the employer has √ Provision of correct and appropriate
complied with the permissible exposure limit, the degree of respirator
protection afforded by the respirator for the periods during which
the respirator is worn shall be taken into account.
The period referred to in sub regulation (1) shall be average with
the exposure level of the airborne concentration during the √
8(2)
period when respirators are not worn to determine the
employee's daily time-weighted average exposure.
For the purpose of this regulation, "degree of protection" means
the ratio of the airborne concentration of the contaminant √
8(3)
outside the respirator to the concentration of contaminant inside
the face piece of the respirator.
IV 9(1) ASSESSMENT OF RISK TO HEALTH
An employer shall not carry out any work which may expose or
Undertake CHRA and implement
is likely to expose any employee to any chemical hazardous to
√ recommendations.
health unless he has made a written assessment of the risks
created by the chemical to the health of the employee.
COMPLIANCE
C NC NA
IV The assessment mentioned in sub regulation (1) shall
contain the following :-
a) the potential risks to an employee as a result of exposure to
chemicals hazardous to health;
b) the method and procedures adopted in the use of the
chemicals hazardous to health;
c) the nature of the hazard to health;
d) the degree of exposure to such chemicals hazardous to
health;
e) the risk to health created by the use and the released of
chemicals from work processes; Follow regulations
9(2) √
f) measures and procedures required to control the exposure of
an employee to chemicals hazardous to health;
g) the measures, procedures and equipment necessary to
control any accidental emission of a chemical hazardous to
health as a result of leakage, spillage or process or equipment
failure;
h) the necessity for employee exposure monitoring
programmed;
i) the necessity for health surveillance programmed; and
j) the requirement for the training and retraining of employees as
required under regulation 22.
9(3) ASSESSMENT OF RISK TO HEALTH
Where work which may expose or is likely to expose any √ Undertake CHRA and implement
employee to chemicals hazardous to health was commenced recommendations.
before the coming into operation of these regulations, the
employer shall conduct the assessment within one year from the
date of coming into operation of these regulations.
COMPLIANCE
C NC NA
REVIEW ASSESSMENT
The assessment carried out under regulation 9 shall be
reviewed if :-
a) there has been a significant change in the work to which the Review of CHRA
10 √
assessment relates
b) more than 5 years have elapsed since the last assessment
c) directed by the DG, Deputy Director General or the Director of
Occupational Safety & Health
ASSESSMENT TO BE CARRIED OUT BY AN ASSESSOR
11 The employer shall ensure that any assessment carried out CHRA conducted by registered
√
pursuant to this Part is conducted by an assessor. assessor.
ASSESSMENT OF RISK TO HEALTH REPORT
Any person appointed by the employer under regulation 11 to Assessor to furnish CHRA report to
IV
12(1) carry out any assessment shall, within 1 month of the the employer.
√
completion of the assessment furnish the employer with a report (On-going preparation of CHRA
of the assessment. report by the assessor).
If the assessment carried out under sub regulation (1) indicates
12(2) that a place of work, plant, substance or process is likely to √ Carry out corrective action
cause immediately inform the employer about the danger.
ASSESSMENT REPORT
The employer shall ensure that the report of the assessment Maintenance of the CHRA report
13(1)
conducted pursuant to regulations 9 or 10 maintained in good √ (On-going preparation of CHRA
order and condition for a period of not less than thirty years. report by the assessor).
The employer shall make available the assessment report for
Maintenance of the CHRA report
examination upon request by the DG or by any employee
13(2) √ (On-going preparation of CHRA
exposed or likely to be exposed to chemicals hazardous to
report by the assessor).
health.
COMPLIANCE
C NC NA
ACTION TO CONTROL EXPOSURE
There an assessment report indicates that action is required to Implementation of
eliminate or reduce the actual or potential exposure of an recommendations in CHRA report
employee to chemicals hazardous to health, an employer shall √ (On-going preparation of CHRA
14(1)
carry out such action, which may include changes to work report by the assessor).
processes, practices, procedures, plants or engineering control
equipment, within 1 month after receiving the assessment report
from the assessor.
The employer shall ensure that all control measures Implementation of
implemented under sub regulation (1) reduce the exposure level recommendations in CHRA report
14(2) of employees to chemicals hazardous to health to the lowest √ (On-going preparation of CHRA
practicable level, or for those chemicals to which have been report by the assessor).
assigned with permissible exposure limits, to below the limits.
CONTROL MEASURES
V
The employer shall control chemicals hazardous to health
through the following control measures:
a) elimination of chemicals hazardous to health from the place
of work;
b) substitution of less hazardous chemicals for chemicals
hazardous to health; Implementation of
15(1) c) total enclosure of the process and handling systems; √ recommendations in CHRA report
d) isolation of the work to control the emission of chemicals
hazardous to health;
e) modification of the process parameters;
f) application of engineering control equipment;
g) adoption of sate work systems and practices that eliminate or
minimize the risk to health; or
h) provision of approved personal protective equipment.
COMPLIANCE
C NC NA
The employer shall ensure that all safe work systems and Documentation and implementation
15(2) √
practices are documented and implemented. of safe work systems.
The employer shall ensure that all safe work systems and
15(3) practices are reviewed whenever there is a significant change to √ Review SOP
the process, equipment, material or control measures installed.
USE OF APPROVED PERSONAL PROTECTIVE EQUIPMENT
Approved personal protection equipment shall be used :-
a) where the application of control measures specified in
paragraphs 15(1)(a) to (g) would be impracticable;
16(3) b) as an interim measure while other preferred control measures √ Use of proper PPE
are being designed and installed; or
c) where the measures taken to comply with paragraphs 15(1)
(a) to (g) do not adequately control an employee's exposure to
V
ENGINEERING CONTROL EQUIPMENT
Any engineering control equipment provided pursuant to
subparagraph 15 (1) (f) shall be :-
a) inspected at an appropriate intervals by the employers, each Provide engineering control
17(1) √
interval being no longer than 1 month; and equipment
b) examined and tested for its effectiveness by a hygiene
technician at appropriate intervals, each intervals being no
longer than 12 months.
Every engineering control equipment shall be maintained and
operated at all times while any machinery or plant is in operation
17(2) √ Provide engineering control
and for such time thereafter as to comply with sub regulation 14
equipment.
(2).
COMPLIANCE
C NC NA
V 18(1) DESIGN, CONSTRUCTION & COMMISSIONING OF LOCAL √
EXHAUST
Without prejudice to the requirement of sub regulation 17 (1),
any local exhaust ventilation equipment installed shall be :-

a) designed according to an approved standard by a registered
professional engineer and constructed according to the design Provision of LEV, if applicable.
specifications; and
b) tested by a registered professional engineer after construction
and installation to demonstrate that the equipment meets the
design specifications.
For the purpose of this regulation, "registered professional
Appointment of professional
18(2) engineer" means an engineer registered under the Registration √
engineer.
of Engineers Act 1967 [Act 138].
RECORD OF ENGINEERING CONTROL EQUIPMENT
Record of design, construction, testing, inspection, examination
Maintenance of LEV/ engineering
19 and maintenance of engineering control equipment pursuant to
√ control equipment records, if
regulation 17 and 18 shall be maintained by the employer and
available.
shall be produced for inspection when directed by the DG.
20(1) DUTY OF EMPLOYER TO ENSURE LABELLING
An employer shall ensure that all chemicals hazardous to health
supplied or purchased by him and used in the place of work are
√ labels are not removed
labeled and that the labels are not removed, defaced, modified
VI or altered.
When the labels mentioned in sub regulation (1) are removed,
defaced, modified or altered while the chemical hazardous to
20(2) √ labels are not removed
health is being used at the place of work, the employer shall
relabeled the chemical.
COMPLIANCE
C NC NA
VI 21(1) RELABELLING
When a chemical hazardous to health is transferred to another √ Relabeled container
container, other than that in which it was originally supplied and
contents of that container are not used within a normal work
shift, the employer shall ensure that the container is relabeled.
If the contents of the container referred to in sub regulation (1)

are used within a normal work shift the employer shall ensure
21(2) √ Relabeled container
that the container is relabeled with the chemical name or the
trade name as written on the original label.
If the contents of the container referred to in sub regulation (1)
are chemicals used in a testing chemicals laboratory the
21(3) container shall be relabeled in accordance with sub regulation √ Relabeled container
(2), whether or not the contents are used within a normal work
shift.
c) where the measures taken to comply with paragraphs 15(1)
21(4) (a) to (g) do not adequately control an employee's exposure to √ Relabeled container
RELABELLING
For the purpose of this regulation, "labeling" and "relabeling"
means labeling or relabeling :-
a) in the case of a chemical hazardous to health, in accordance
with the requirement of the Occupational Safety & Health
√ Labeling or relabeling chemicals
(Classification, Packaging & Labeling of Hazardous Chemicals)
21(5)
Regulations 1997 [P.U (A) 143/97];
b) in the case of a pesticide, in accordance with the
requirements of Pesticides Act 1974 [Act 149]; or
c) in the case of schedule waste, in accordance with the
requirements of the Environmental Quality (Schedule Wastes)
Regulation 1989 [P.U.(A) 139/89].
COMPLIANCE
C NC NA
VII 22(1) INFORMATION, INSTRUCTION & TRAINING Provide training and place
An employer who undertakes work which may expose or is likely √ information
to expose his employees to chemicals hazardous to health shall
provide the employees with such information, instruction and
training as may be necessary to enable them to know :-
a) the risk to health created by such exposure; and
b) the precautions which should be taken.

Without prejudice to the generality of sub regulation (1), the
information provided shall include :-
a) information on the results of any monitoring of exposure at the
place of work in accordance to regulation 26; and
22(2) √ Place information
b) information on the collective results of any health surveillance
programmed undertaken in accordance with regulation 27 and
presented in a manner which prevent them being identified as
relating to any particular person.
The employer shall review and conduct the training
programmed:
a) at least once in 2 years;
b) if there is a change in the hazard information on the
22(3) chemicals hazardous to health, safe work practices or control √ Place information
measures; or
c) each time employees are assigned to new tasks or new work
areas where they are exposed or likely to be exposed to
All training programmers shall be documented and kept for
22(4) √ Place information
inspection by any occupational safety and health officer.
COMPLIANCE
C NC NA
VII INFORMATION, INSTRUCTION & SUPERVISION OF PERSON
Every employer shall ensure that any person and who carries out
23 any work in connection with the employer's duties under these
√ Place information
Regulations has the necessary information, instruction and
supervision to carry out such duties.
24 CHEMICAL SAFETY DATA SHEET √ Maintenance of Chemicals Safety
An employer who receives a supply of chemicals hazardous to Data Sheet.
health for which the chemicals are not labeled or the Chemical
Safety Data Sheets have not been provided, shall obtain the
relevant information from the supplier and shall not use the
chemicals until such information is obtained.
PROVISION OF CHEMICAL SAFETY DATA SHEET IN A PLACE
OF WORK
In any place of work where a chemical hazardous to health is used,
Place Chemicals Safety Data
25 the current Chemicals Safety Data Sheet for that chemical or a √
Sheet.
copy thereof shall be kept in a conspicuous place close to each
location where that chemical is used and shall be easily accessible
to the employees.
MONITORING OF EXPOSURE
Where an assessment of risk to health indicates that monitoring of
exposure is required for ensuring the maintenance of adequate
control of the exposure of employees to chemicals hazardous to
VIII 26(1)
health, the employers shall ensure that the exposure of employees √ Medical health report
to chemicals hazardous to health is monitored in accordance with
an approved method of monitoring and analysis.
COMPLIANCE
C NC NA
VIII If an employees is exposed or likely to be exposed to chemicals
hazardous to health listed in Schedule II, the monitoring of
exposure of employees determined in sub regulation (1) shall be
repeated at intervals of not more than 6 month or at such shorter Conduct chemical exposure
26(2) √
intervals as determined by the assessor and the monitoring of monitoring, if applicable.
exposure shall continue at this frequency until such time the
assessor is satisfied that further monitoring of exposure is no longer
required.
26(3) If an employees is exposed or likely to be exposed to chemicals √ Medical health report
hazardous to health listed in Schedule II, the monitoring of
exposure of employees determined in sub regulation (1) shall be
repeated at intervals of not more than 6 month or at such shorter

intervals as determined by the assessor and the monitoring of
exposure shall continue at this frequency until such time the
assessor is satisfied that further monitoring of exposure is no longer
required.
The employer shall maintain in good order and condition any record
or summary of the record of any monitoring carried out for the
purpose of these Regulations and shall be kept available :-
Maintenance of medical health
26(4) a) where the record is representative of the personal exposure of a √
report for at least 30 years.
person exposed to any chemical hazardous to health, for at least
30 years; and
b) in any other case, for at least 5 years.
HEALTH SURVEILLANCE PROGRAMMED
Where an assessment indicates that health surveillance is
IX 27(1) necessary for the protection of the health of employees exposed or
√ Health surveillance record
likely to be exposed to chemicals hazardous to health, the
employer shall carry out a health surveillance programmed.
COMPLIANCE
C NC NA
IX The medical surveillance component of the health surveillance
27(2) programmed in sub regulation (1) shall be carried out by an √ Medical health report
occupational health doctor.
If an employee is exposed or likely to be exposed to chemicals
hazardous to health listed in Schedule II, the health surveillance
required under sub regulation (1) shall include medical surveillance
27(3) conducted at intervals of not more than 12 months or at such √ Medical health report
shorter intervals as determined by the occupational health doctor or
an occupational safety and health officer who is also a medical
practitioner.
27(4) The employer shall ensure that the health surveillance record or a √ Medical health report
copy thereof is maintained in good order and condition and kept for
a period of 30 years from the date of the last entry made in it.
The employer shall make available upon request all record required Medical health report
27(5) to be maintained under sub regulation (3) to the DG for examination √
and inspection.
The employer shall, after a reasonable notice being given, allow
27(6) any of his employee’s access to the health surveillance record √ Grant employees’ request
which relates to the employee.
MEDICAL REMOVAL PROTECTION
The employer shall not permit an employee to be engaged in and
shall remove him from any work that expose or likely to expose him
to chemicals hazardous to health on each occasion that the
medical finding, determination or opinion expressed by an
X 28(1)
occupational safety and health officer who is also a medical √ Work scheduling
practitioner or by an occupational health doctor shows that the
employee has a detected medical condition which places him at
increased risk of material impairment to health from exposure to
COMPLIANCE
C NC NA
The employer, after being notified by an occupational safety and
health officer who is also a medical practitioner or an occupational Prevention of pregnant or
health doctor of the fact, shall not permit a pregnant employee or breastfeeding employees
28(2) √
breastfeeding employee to be engaged in and shall remove the working/ expose with chemicals
employee from work which may expose or is likely to expose the hazardous to health.
employee to chemicals hazardous to health.
The employer shall return an employee to his former job :-
X
a) for an employee removed in accordance with sub regulation (1)
when a subsequent medical determination results in a medical
finding, determination or opinion which shows that the employee no
28(3) √
longer has the detected medical condition; or
b) for an employee removed in accordance with sub regulation (2),
at the appropriate time where the employee is no longer pregnant
or breastfeeding a child.
For the purpose of this regulation, "medical practitioner" means a

28(4) √
medical practitioner registered under the Medical Act 1971 [Act 50].
WARNING SIGN
Where a chemical hazardous to health is used in any area in any
manner that is hazardous to the health of any person who may be
in that area or who may be or is likely to be at risk of being affected
by the chemicals hazardous to health, the employer shall ensure
that :-
XI 29(1) √ Place warning sign
a) warning signs are posted at a conspicuous place at every
entrance of the area to warn persons entering the area of the
hazards; and
b) other relevant information are given to persons who may be or
are likely to be at risk of being affected by the chemicals hazardous
to health.
COMPLIANCE
C NC NA
The employer shall ensure that the warning signs required by these
Maintenance of the warning
29(2) Regulation are illuminated and cleaned as necessary so that the √
signs.
legend is readily visible.
XI For the purpose sub regulation (1), the warning shall :-
a) give warning of the hazards; Clear and understandable
29(3) √
b) be written in the national language and English language; and warning signs.
c) be printed in dark red against white background.
XII RETENTION OF RECORD BY EMPLOYER
30(1) Whenever an employer ceases to carry on business and another
person succeeds him, the employer ceasing business shall hand
√ Record file
over and the successor employer shall retain, all records to be
maintained under regulation 13, 19, 22, 26 and 29.
Whenever an employer ceases to carry on business and no person √ Record file
succeeds him, the employer shall transmit the record required to be
maintained under regulations 13, 19, 22, 26 and 27 to the DG.
At the expiration of the retention period for the records required to

be maintained under regulation 13, 26 and 27 the employer shall
given the DG at least 3 month notice in writing that the he intends √ Record file
to dispose of such records and he shall transmit those record to the
DG, if requested to do so within that period.

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Occupational, Safety & Health (Use and Doc. No.

Standards of Exposure of Chemicals Rev. No. 0

OCCUPATIONAL, SAFETY & HEALTH ACT 1994 (Act 514)

III 6 CEILING LIMITS

An employer shall ensure that the exposure of any person to

date of coming into operation of these regulations.

any local exhaust ventilation equipment installed shall be :-

If the contents of the container referred to in sub regulation (1)

b) the precautions which should be taken.

repeated at intervals of not more than 6 month or at such shorter

For the purpose of this regulation, "medical practitioner" means a

At the expiration of the retention period for the records required to

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