Safety, Health and Welfare at Work (General Application) (Amendment) (No. 2) Regulations 2016.

JurisdictionIreland
CitationIR SI 70/2016
Year2016

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 23rd February, 2016.

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 Articles 1, 2 and 3 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 (General Application) (Amendment) (No. 2) Regulations 2016.

(2) The Safety, Health and Welfare at Work (General Application) Regulations 2007 to 2016 and these Regulations may be cited together as the Safety, Health and Welfare at Work (General Application) Regulations 2007 to 2016.

2. (1) In these Regulations “Principal Regulations” means the Safety, Health and Welfare at Work (General Application) Regulations 2007 ( S.I. No. 299 of 2007 ).

(2) A word or expression that is used in these Regulations and is also used in Articles 1, 2 and 3 of Directive 2014/27/EU of the European Parliament and of the Council of 26 February 20141 has, unless the contrary intention appears, the same meaning in these Regulations and the Principal Regulations as it has in those Articles.

3. Regulation 2 of the Principal Regulations is amended in paragraph (1) by the insertion of the following definitions:

“ ‘group 2 biological agent’ has the meaning assigned to it by Regulation 2 of the Regulations of 2013;

‘group 3 biological agent’ has the meaning assigned to it by Regulation 2 of the Regulations of 2013;

‘group 4 biological agent’ has the meaning assigned to it by Regulation 2 of the Regulations of 2013;

‘Regulations of 2013’ means the Safety, Health and Welfare at Work (Biological Agents) Regulations 2013 ( S.I. No. 572 of 2013 );”.

4. Regulation 159 of the Principal Regulations is amended by the substitution of the following paragraphs for paragraph (2):

“(2) This Chapter shall not apply to signs used for the placing on the market of hazardous substances and mixtures, products and equipment (or either of them) except to the extent that any other enactment concerning a European act makes specific reference to such signs.

(2A) In paragraph (2), ‘European act’ has the same meaning as it has in the European Communities Act 2007 (No. 18 of 2007).”.

5. Schedule 7 to the Principal Regulations is amended—

(a) in Part A, by the substitution of the following paragraph for paragraph 2:

“2.Biological agents

Biological agents of—

(a) group 3 biological agent, and

(b) group 4 biological agent.”,

(b) in Part A, in paragraph 3, by the substitution of the following subparagraph for subparagraph (a):

“(a) Substances and mixtures which meet the criteria for classification under Regulation (EC) No. 1272/2008 of the European Parliament and of the Council in one or more of the following hazard classes and hazard categories with one or more of the following hazard statements:

(I) acute toxicity, category 1, 2 or 3 (H300, H310, H330, H301, H311, H331);

(II) skin corrosion, category 1A, 1B or 1C (H314);

(III) flammable gas, category 1 or 2 (H220, H221);

(IV) flammable aerosols, category 1 (H222);

(V) flammable liquid, category 1 or 2 (H224, H225);

(VI) explosives, categories “Unstable explosive”, or explosives of Divisions 1.1, 1.2, 1.3, 1.4, 1.5 (H200, H201, H202, H203, H204, H205);

(VII) self-reactive substances and mixtures, type A, B, C or D (H240, H241, H242);

(VIII) organic peroxides, type A or B (H240, H241);

(IX) specific target organ toxicity after single exposure, category 1 or 2 (H370, H371);

(X) specific target organ toxicity after repeated exposure, category 1 or 2 (H372, H373);

(XI) respiratory sensitisation, category 1, subcategory 1A or 1B (H334);

(XII) skin sensitisation, category 1, subcategory 1A or 1B (H317);

(XIII) carcinogenicity, category 1A, 1B or 2 (H350, H350i, H351);

(XIV) germ cell mutagenicity, category 1A, 1B or 2 (H340, H341);

(XV) reproductive toxicity, category 1A or 1B (H360, H360F, H360FD, H360Fd, H360D, H360Df);”,

(c) in Part A, in paragraph 3 by—

(i) the deletion of subparagraph (b),

(ii) the deletion of subparagraph (c), and

(iii) the deletion of subparagraph (d),

(d) in Part A, in paragraph 3, in subparagraph (e), by—

(i) the substitution of “mixtures” for “preparations”, and

(ii) the insertion of “(amended by the Safety, Health and Welfare at Work (Carcinogens) (Amendment) Regulations 2015 ( S.I. No. 622 of 2015 ))” after “2001)”, and

(e) in Part B, in paragraph 1, by the insertion of “(amended by the Safety, Health and Welfare at Work (Carcinogens) (Amendment) Regulations 2015 ( S.I. No. 622 of 2015 ))” after “2001)”.

6. (1) Schedule 8 to the Principal Regulations is amended in Part A in paragraph 1—

(a) in subparagraph (b)—

(i) by the substitution of “group 2 biological agent, group 3 biological agent and group 4 biological agent...

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