The use of chemicals at the workplace is of concern to all; the government, employers and employees, as they may pose hazardous to health in a number of ways. They may cause fires and explosion, adverse health effects and/or damage to the environment.
The term use of chemicals hazardous to health has been used to mean the ‘production, handling, storage, transport, disposal and treatment of any chemicals that have the potential to cause adverse health effects’. Adverse health effects refer to effects that cause changes in the morphology, growth, development or life span of an organism and which results in the impairment of the functional capacity or ability of the organism to maintain homeostasis or those that do not enchance susceptibility to deleterious effects of other environmental factors. In short, the spectrum of adverse health effects range from discomfort or irritation at one end to death at the other.
The risk of fire and explosion has somewhat been addressed by certain legislations such as the OSH Act, while environmental protection comes under the purview of the Department of Environment. However, there is currently no specific legislation to control the use of hazardous chemicals at any place of work to ensure that the users, mainly industrial workers and the self-employed, are not adversely affected.
The OSH Act 1994 provide for the protection of employees handling hazardous chemicals in a general way. Section 15 of the OSH Act stipulated the general duties of employers and self-employed persons to ensure the safety, health and welfare of employees at the workplace. This duty includes making arrangements for ensuring safety as well as absence of health hazards and risks in connection with the use, operation, handling, storage and transport of hazardous substances.
These arrangements are general in nature and therefore require further elaboration and clarification by a more specific regulation on chemicals that will lay down the principles and practices to safeguard the health and safety of workers dealing with chemical substances. Hence, a set of regulations was promulgated under section 66 of the OSH Act solely addressing the issue of safety and health in the use and handling of chemicals that are hazardous to health at the workplace. This legislation is called the Occupational Safety and Health (Use and Standard of Exposure of Chemicals Hazardous to Health) Regulations 2000 or in short, OSH-USECHH Regulations.
The term use of chemicals hazardous to health has been used to mean the ‘production, handling, storage, transport, disposal and treatment of any chemicals that have the potential to cause adverse health effects’. Adverse health effects refer to effects that cause changes in the morphology, growth, development or life span of an organism and which results in the impairment of the functional capacity or ability of the organism to maintain homeostasis or those that do not enchance susceptibility to deleterious effects of other environmental factors. In short, the spectrum of adverse health effects range from discomfort or irritation at one end to death at the other.
The risk of fire and explosion has somewhat been addressed by certain legislations such as the OSH Act, while environmental protection comes under the purview of the Department of Environment. However, there is currently no specific legislation to control the use of hazardous chemicals at any place of work to ensure that the users, mainly industrial workers and the self-employed, are not adversely affected.
The OSH Act 1994 provide for the protection of employees handling hazardous chemicals in a general way. Section 15 of the OSH Act stipulated the general duties of employers and self-employed persons to ensure the safety, health and welfare of employees at the workplace. This duty includes making arrangements for ensuring safety as well as absence of health hazards and risks in connection with the use, operation, handling, storage and transport of hazardous substances.
These arrangements are general in nature and therefore require further elaboration and clarification by a more specific regulation on chemicals that will lay down the principles and practices to safeguard the health and safety of workers dealing with chemical substances. Hence, a set of regulations was promulgated under section 66 of the OSH Act solely addressing the issue of safety and health in the use and handling of chemicals that are hazardous to health at the workplace. This legislation is called the Occupational Safety and Health (Use and Standard of Exposure of Chemicals Hazardous to Health) Regulations 2000 or in short, OSH-USECHH Regulations.
APPLICTION
The OSH-USECHH Regulations is applicable to all places of work within the purview of the Occupational Safety and Health Act 1994 where chemicals hazardous to health are used. These include work in the following economic sectors:-
a) Manufacturing;
b) Quarrying and mining;
c) Construction;
d) Agriculture, forestry and fishing;
e) Utilities;
f) Transport, storage and communication;
g) Wholesale and retail trade;
h) Hotels and restaurants;
i) Finance, insurance, real estate and business services; and
j) Public services and statutory authorities.
However, certain places of work are excluded if the chemical substances used are:
a) Radioactive materials;
b) Foodstuff;
c) Pharmaceutical products; or
d) hazardous to health solely by virtue of their explosive or flammable properties, or solely because they are at a high temperature or pressure (e.g. water).
The OSH-USECHH Regulations is applicable to all places of work within the purview of the Occupational Safety and Health Act 1994 where chemicals hazardous to health are used. These include work in the following economic sectors:-
a) Manufacturing;
b) Quarrying and mining;
c) Construction;
d) Agriculture, forestry and fishing;
e) Utilities;
f) Transport, storage and communication;
g) Wholesale and retail trade;
h) Hotels and restaurants;
i) Finance, insurance, real estate and business services; and
j) Public services and statutory authorities.
However, certain places of work are excluded if the chemical substances used are:
a) Radioactive materials;
b) Foodstuff;
c) Pharmaceutical products; or
d) hazardous to health solely by virtue of their explosive or flammable properties, or solely because they are at a high temperature or pressure (e.g. water).
SALIENT PROVISIONS
Among the salient provisions of the Regulations are:
a) Identification of hazardous chemicals at the workplace and the establishment and maintenance of a chemical register;
b) Compliance with permissible exposure limits;
c) Chemical health risk assessment for employees;
d) Introduction of appropriate measures to prevent or control significant health risks;
e) Ensuring the use and maintenance of control measures and procedures;
f) Labelling and re-labelling of containers;
g) Awareness through information, instruction and training of employees on the health risks and precautions to be taken at the workplace;
h) Where necessary, monitor the exposure of employees and carry out the appropriate form of health surveillance;
i) Medical Removal Protection;
j) Warning signs; and
k) Record keeping.
Among the salient provisions of the Regulations are:
a) Identification of hazardous chemicals at the workplace and the establishment and maintenance of a chemical register;
b) Compliance with permissible exposure limits;
c) Chemical health risk assessment for employees;
d) Introduction of appropriate measures to prevent or control significant health risks;
e) Ensuring the use and maintenance of control measures and procedures;
f) Labelling and re-labelling of containers;
g) Awareness through information, instruction and training of employees on the health risks and precautions to be taken at the workplace;
h) Where necessary, monitor the exposure of employees and carry out the appropriate form of health surveillance;
i) Medical Removal Protection;
j) Warning signs; and
k) Record keeping.
INDUSTRIAL HYGIENE: RELATED ACTS AND REGULATIONS
1. Factories and Machinery (Lead) Regulations 1984
2. Factories and Machinery (Asbestos Process) Regulations 1986
3. Factories and Machinery (Mineral Dust) Regulations 1989
4. Factories and Machinery (Noise Exposure) Regulations 1989
5. Occupational Safety and Health (Use and Standards of Exposure of Chemicals Hazardous to Health) Regulations 2000
6. Occupational Safety and Health (Classification, Packaging and Labelling of Hazardous Chemicals) Regulations 1997.
1. Factories and Machinery (Lead) Regulations 1984
2. Factories and Machinery (Asbestos Process) Regulations 1986
3. Factories and Machinery (Mineral Dust) Regulations 1989
4. Factories and Machinery (Noise Exposure) Regulations 1989
5. Occupational Safety and Health (Use and Standards of Exposure of Chemicals Hazardous to Health) Regulations 2000
6. Occupational Safety and Health (Classification, Packaging and Labelling of Hazardous Chemicals) Regulations 1997.
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