REACH
REACH
REACH is the new European system for identifying and controlling risks from the use of chemicals*. It covers a broad range of issues including environmental and consumer protection, public health and occupational health and safety. For contractors the main changes are likely to be:
- the exchange of much more information about chemical hazards and use; and
- changes (or even bans) linked to the use of particularly hazardous substances.
The latest advice from the HSE for ‘downstream’ users of substances (which includes contractors) says “Generally, if you are using (everyday) chemicals or mixtures of them (e.g. adhesives, lubricants, cleaning agents) in the way that is expected then REACH probably won’t mean significant changes”. However, HSE goes on “if your company relies on using unusual chemicals be sure that these will still be available in the future. Consider contacting your supplier to find out if the (substance or mixture) in question will be registered by whoever makes or imports it. It is possible that some companies may decide not to register chemicals (that have been previously supplied)”. In this situation, a company may need to find an alternative source or even re-design their process. HSE says that companies “really need to be thinking about this nowto avoid any problems…”.
Main aims of REACH
REACH aims to keep high hazard chemicals out of the EU market, provide improved information in the supply chain, move responsibility for identifying risk control measures onto registrants* (e.g. manufacturers) and restrict certain uses of substances.
Under REACH, chemical suppliers will decide on when and how their products should be used. This is the ‘supported use’ principle (see below) and it is very important for REACH compliance. Users must implement the risk control measures specified by the supplier.
REACH should result in better information being available to users about the risks of using substances, and how to control them. Significantly, REACH also includes the movement of information back up the supply chain (e.g. from contractors via suppliers to registrants). This provides a new channel for recording user’s experience of ‘real life’ chemical hazards, and passing these to manufacturers or importers.
Although REACH will replace part of the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 (CHIP) on ‘Safety Data Sheets’ it does not replace COSHH (COSHH aims to controls risks (often from airborne exposure) from the use of any type of hazardous substance at work, including process materials as welding fume etc. that are not within the scope of REACH).
*Registration is a requirement on industry to collect, collate and submit data on the hazardous properties of substances manufactured or imported into the EU in quantities above one tonne. In addition, industry should prepare risk assessments and provide information to downstream users about measures for controlling exposure to the substance.
‘Supported uses’ of chemicals
Under REACH, the manufacturer (or importer into the EU) of substantial quantities of chemicals must produce a Chemical Safety Assessment (CSA). The CSA considers hazards and risks, and proposes workplace measures to control the risks for all the ‘supported’ uses of the substance. In some circumstances, users down the supply chain may want to use the substance in a way that is not supported by the manufacturer or importer. In this case, the user can tell the manufacturer or importer and try to have the ‘unsupported use’ adopted and included in the CSA.
REACH takes account of risks that are specific to a user’s application for a substance. It does this by allowing the user to pass information about that use up the supply chain to the registrant, to enable them to support the use with agreed risk control measures. Manufacturers’ or suppliers’ information on hazards and how to use substances safely should be passed down the supply chain through enhanced Safety Data Sheets. If, however, the user does not tell the manufacturer or importer about a ‘non-supported’ use, the user will probably have to do their own risk assessment for that use, and tell the European Chemicals Agency (ECHA) about it. Clearly, this is not an easy option.
In any event, a user of a substance still needs to do a risk assessment under COSHH, but the aims of the different types of risk assessment are different (the REACH assessment aims to convince someone else that the chemical is being used safely so that the activity can be allowed).
Authorisation for very high hazard substances
This only applies to substances ‘of very high concern’ (SVHCs). Companies will need an EU authorisation to use SVHCs. Applications are to be made to, and the process managed by ECHA. SVHCs include substances that are carcinogenic, mutagenic or toxic to reproduction (CMR) categories 1 or 2; persistent, bio-accumulative and toxic substances (PBT); and substances that are very persistent and very bio-accumulative (vPvB).
REACH also obliges registrants to seek feasible alternatives to the use of SVHCs, whether hazardous to human health or the environment (or both). These ‘substitution’ plans must be submitted as part of the request for authorisation to use a SVHC, and will be considered by both national Competent Authorities (HSE in the UK) and EU committees, taking into account risk assessment and other factors. Substitution plans that could increase risk to either human health or the environment are unlikely to fit in with REACH objectives.
Further information on REACH
*REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals) became law across the EU on 1 June 2007. The HSE has issued three ‘factsheets’ on REACH. These are available at: www.hse.gov.uk/reach/resources.htm and they cover:
· Manufacturers
· EU importers
· Users of chemicals.
The HSE REACH Competent Authority website is at: www.hse.gov.uk/reach