Bernard Allen
Question:55 Mr. Allen asked the Tánaiste and Minister for Enterprise, Trade and Employment the regulations requiring production of safety data for man-made chemicals; and when these regulations were introduced. [5026/01]
Written Answers. - Safe Use of Chemicals.
Details of the legislation governing the safe use of chemicals which is enforced by the Health and Safety Authority, a statutory body under the auspices of my Department, are as follows.
Specific legislation covers the classification, packaging and labelling of chemicals which came onto the EU market for the first time after 18 September 1981. Such chemicals must be notified in the member state of manufacture or in the member state which first imports the chemical onto the European market. This process of notification is laid down in accordance with the requirements of a series of European Council directives implemented into Irish law by a number of separate Statutory Instruments which are listed in this reply. These regulations contain various annexes which outline the risk and safety phrases, the criteria for classifying for a particular hazard to man and/or the environment, and specify the test criteria to be used when assessing such chemicals for hazards.
Such a notification scheme is not in place for general industrial chemicals placed on the EU market before 18 September 1981. In order to address this situation Council Regulation (EEC) 793/93 on the Evaluation and Control of the Risks of Existing Substances was introduced and came into force in all member states on 23 March 1993. The concept behind this regulation was to identify the most hazardous chemicals, which are produced in high volumes and have a wide/dispersive use. As there are so many pre-September 1981 chemicals on the market, it was necessary to prioritise these chemicals so that those of concern could undergo in-depth assessment. The risk assessment identifies any data gaps, requirements to perform tests, and assesses the risk from exposure to these chemicals. Tests must be performed in accordance with the same test method criteria laid down in respect of substances placed on the market after September 1981. The risk assessment may also conclude that risk management measures are required.
Whether a chemical is pre- or post-September 1981, the supplier is obliged to provide information in the form of a material safety data sheet (MSDS) for each chemical classified as dangerous. This is currently the situation for dangerous preparations also.
The Health and Safety Authority is the competent authority for post September 1981 substances and, while not formally designated, functions as the competent authority for chemicals placed on the market before September 1981.
The Health and Safety Authority also services and enforces regulations on the marketing and use of certain dangerous substances and preparations. These regulations allow for the restriction or limitation of use of dangerous chemicals regarding specific processes, applications, or a total ban, dependent on the identified hazards and potential adverse effects should exposure occur.
In addition, under the Safety, Health and Welfare at Work Act, 1989, there is an obligation on employers to protect their workers and so provide the necessary information to protect their safety and health. This obligation would include information on any hazardous chemical at the workplace, including information on control measures required to protect against exposure.
On 13 February 2001, the European Commission adopted a White Paper setting out a strategy for a future Community policy for chemicals. The main objective of the new chemical strategy is to ensure a high level of protection for human health and the environment, while ensuring the efficient functioning of the internal market and stimulating innovation and competitiveness in the chemical industry.
The regulations enforced in this area by the Health and Safety Authority are as follows: European Communities (Dangerous Substances) (Classification Packaging and Labelling) Regulations, 1979 (S.I. No. 383 of 1979); European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) Regulations, 2000 (S.I. No. 393 of 2000); European Communities (Classification, Packaging and Labelling of Dangerous Preparations) Regulations, 1992 (S.I. No. 393 of 1992); European Communities (Classification, Packaging and Labelling of Dangerous Preparations) Regulations, 1995 (S.I. No. 272 of 1995); European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 2000 (S.I. No. 107 of 2000); Council Regulation (EC) No. 793/93 on the Evaluation and Control of the Risks of Existing Substances; Safety, Health and Welfare at Work Act, 1989 and regulations made thereunder.
It should be noted that certain substances are exempt from the above legislation as they are covered by other similar legislation which comes under the remit of Departments or bodies other than the Health and Safety Authority. The exemptions are specified, as appropriate, in the above regulations. The Health and Safety Authority may be contacted at 10 Hogan Place, Dublin, 2.