ChemRegs Newsletter – July 2020
HSE Guidance on Safe Working
As part of their ongoing guidance on working safely during the coronavirus (COVID-19) outbreak, the HSE has issued guidance on cleaning and disinfection systems for larger spaces or rooms.
“Disinfecting premises using fog, mist, vapour or ultraviolet (UV) systems during the coronavirus outbreak” covers the options available to help control the spread of the virus by cleaning and disinfecting a larger space or room at work.
Note – Any use of these treatments for these purposes should form part of a COVID-19 risk assessment and users must be competent and properly trained.
The treatment used will depend on:
- the size of the area to be treated, its shape and how easily it can be sealed off if delivering an airborne product
- whether there are hard or soft surfaces – soft furnishings may act as a ‘sink’ for the airborne chemicals and emit them for some time after treatment (it may be possible to remove items such as sofas before treatment)
- the type of business – some areas may be better suited to UV surface treatments than airborne chemicals or vice-versa
In outdoor spaces, large-scale spraying or disinfecting in areas such as streets or open marketplaces for the COVID-19 virus or other pathogens is not recommended. Streets and pavements are not considered as routes of infection for COVID-19 and spraying disinfectants, even outdoors, can be dangerous to people’s health and cause eye, respiratory or skin irritation or damage.
The disinfectant applied as a fog, mist or vapour treatment must comply with the Biocidal Products Regulations (BPR). This includes the generation of ozone or free radicals. However, the use of UV to disinfect is not covered by the BPR.
Under BPR it is the disinfectant, or the chemical used to generate the disinfectant, added to the machine, that is the biocidal product. The machine itself is not covered by BPR.
Suppliers of fog, mist or vapour units/machines should ensure that any disinfectant products they supply or recommend using with the unit/machine comply with BPR.
HSE has published separate guidance on the regulatory requirements for surface disinfectant products used, manufactured and supplied during the outbreak, which applies to disinfectant products applied via fog/mist/vapour units/machines.
Where these units/machines are used in a workplace, they fall under the Control of Substances Hazardous to Health Regulations (COSHH). Employers must ensure substances which may be harmful to people’s health from their work activities are identified and assessed; and processes are put in place to eliminate or control risks.
COSHH also requires employers to provide information, instruction and training for all their employees who use hazardous substances such as disinfectants in their work, including the appropriate precautions and actions employees must take to safeguard both themselves and others in the workplace.
Other News
Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (EU Exit) Regulations 2020
The draft Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (EU Exit) Regulations 2020 was laid before Parliament on 7 July.
This Statutory Instrument (SI) further amends the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 (S.I. 2009/1348) (CDG 2009), to ensure that Great Britain has a functioning statute book at the end of the transition period (IP completion day).
The CDG 2009 Regulations, as amended by this SI, will continue to function as before by ensuring that the regulatory framework for the carriage of dangerous goods by road and rail will remain in place on IP completion day. The amendments made by this SI will revise references predicated on the UK being a member State of the EU and retain the power for the Secretary of State to grant authorisations, apply existing derogations approved prior to IP completion day and issue new exceptions.
The requirements for those involved in the carriage of dangerous goods by road and rail within GB are not being changed.
However, the requirements for those operating in the transportable pressure equipment (TPE) industry will be amended so that what were, prior to this SI, notified bodies in GB, can continue their role as appointed bodies for TPE that is either for non-EU or non-Northern Ireland use, or for transporting dangerous goods between the GB and the EU or Northern Ireland to the extent permitted by Article 4 of the Dangerous Goods Directive.
The new SI will also implement an aspect of the Protocol on Ireland/Northern Ireland (NIP), part of the “Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community” dated 19th October 2019 , in relation to TPE on the GB market which has either been manufactured in Northern Ireland or conformity assessed in Northern Ireland.
It will also confirm that there is continued recognition of the EU pi marking and the introduction of the optional use on the non-EU or non-Northern Ireland market of the ‘rho’ marking for GB conformity assessed TPE. As a result of the NIP, TPE on the market in Northern Ireland will need to continue to comply with the requirements of the TPE Directive which means that only TPE which is compliant with that Directive (and marked with the pi marking) can be placed or made available on the market in Northern Ireland.
This SI will recognise TPE on the GB market which bears the additional mark of ‘UK(NI)’ which is a requirement of the NIP, alongside the pi mark. Without recognising ‘UK(NI)’ as an additional marking on TPE such TPE would not be able to enter the GB market.
The SI will not become law until it has been debated and passed by both Houses of Parliament, which is expected to happen by September.
The CDG 2009 Regulations were previously amended by the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011 and the Carriage of Dangerous Goods (Amendment) Regulations 2019. A review of all these instruments will be undertaken after IP completion day with a view to consolidating legislation in this area.
For more information on anything in this Newsletter, please contact us at info@chemregs.co.uk