ChemRegs Newsletter – June 2022

The GB MCL List

The GB mandatory classification and labelling list (GB MCL List) is a copy of the EU harmonised classification and labelling (CLH) listed in Annex VI to the CLP Regulation, as it stood when the UK left the EU.

The GB mandatory classification and labelling system is hosted, managed and operated by HSE (as the GB CLP Agency) and gives information on the classification and hazard labelling of the substance and is legally binding in GB.

If you are classifying a substance that appears in the GB MCL List, then you must use the mandatory classification and labelling that appears in the GB MCL List. Similarly, if you are classifying a mixture that contains a substance on the GB MCL List, you must use the mandatory classification in your calculations. The exception is where you have robust scientific data on the mixture itself which you can use to classify the mixture, rather than using information on the component substances.

The GB MCL List is amended annually to keep the entries up to date with scientific and technical developments.

Two methods of updating the GB CLP Regulation are in place:

• Future new and revised GB mandatory classification and labelling will be determined by scientific experts in HSE (and in EA for environmental hazard classification and labelling). HSE will prepare an ‘Agency Opinion’ on proposed new and revised GB mandatory classification and labelling. This Opinion will form the basis of a recommendation to ministers who will make the final decision and give legal effect to any new and revised GB MCLs. Any ministerial decision is subject to the consent of the devolved administrations.
• All other amendments to the GB CLP Regulation will be made using secondary legislation (known as statutory instruments or regulations). These include amendments to the classification criteria (expected every two years from the GHS biennial programme of work), certain Articles in the GB CLP Regulation, and any of the technical annexes (note: excluding Annex VIII which is not retained in GB)

The second method – the process of updating and amending the technical sections of the GB CLP Regulation using secondary legislation (regulations) can include introducing new classification hazard classes, adopting new test methodologies or strengthening the labelling packaging requirements for certain hazardous mixtures, such as those for laundry detergent capsules or pods.

All updates and changes are published on HSE’s website.

You can stay up to date with changes to GB mandatory classification and labelling in two ways:

• Sign up to the GB CLP e-Bulletin
• Check the Table of Publications supporting decisions on new or revised GB mandatory classification and labelling (GB MCL)

The Table of Publications includes uploaded documents, such as the GB MCL Technical Reports, Agency Opinions and Decisions. The GB MCL Agency Opinion summarises the GB MCL Technical Report and the assessment of the potential policy issues and impacts of the new or revised GB MCL proposal and forms the basis of the recommendation made to ministers for new or revised GB MCL.

The latest Table of Publications can be downloaded from https://www.hse.gov.uk/chemical-classification/assets/docs/publication-template.xlsx

The latest publications (May 2022) include the Agency technical reports on the classification and labelling of Benzyl alcohol and Dimethyl propylphosphonate (DMPP).

Northern Ireland will be subject to changes made to the EU CLP Regulation.

NATIONAL COUNTER TERRORISM SECURITY OFFICE (NaCTSO)

The National Counter Terrorism Security Office (NaCTSO) has moved its guidance and publications from the government Business and Industry website.

The publications on the old website were withdrawn on 30 May 2022 and the NaCTSO page is no longer updated.

The latest, up to date versions of the NaCTSO guidance are now available on www.protectuk.police.uk

Guidance includes the “Know your customer” leaflet and posters, which have been prepared for shop or business owners that sell chemicals that could be used in a terrorist incident.

Documents and information on hazardous materials are also available, including:

• Secure your fertiliser
• Notifying your intention to hold pathogens and toxins
• Secure hazardous materials to help prevent terrorism
• REMOVE. REMOVE. REMOVE: Guidance on hazardous substance exposure
• Recognising terrorist threats
• Poisons Act 1972 – Selling chemicals responsibly

All the documents have been produced following extensive consultation with UK industry sectors leads, and with the Home Office, The Association of Chief Police Officers, National Police Chiefs Council (NPCC) and other government departments.

The Fire Safety Act 2021

The Fire Safety Act 2021 commenced in full on 16 May 2022 and affects buildings containing more than one home and is a direct result of the 2017 Grenfell Tower fire.

The Fire Safety Act clarifies the scope of the Regulatory Reform (Fire Safety) Order 2005 (the Fire Safety Order) to make clear it applies to the structure, external walls (including cladding and balconies) and individual flat entrance doors between domestic premises and the common parts of a multi-occupied residential building.

The Responsible Person must consider these parts when conducting fire risk assessments.

The Fire Safety (England) Regulations 2022 will implement the majority of the recommendations made by the Grenfell Tower Inquiry in its Phase 1 report which required a change in the law.

Fire Safety Act and Fire Safety (Regulations) 2022 Factsheets have been published by the Home Office to explain the provisions set out in the Act and in the Regulations.

For more information on anything in this Newsletter, please contact us at info@chemregs.co.uk