European chemicals strategy (REACH)

The Registration, Evaluation and Authorisation of Chemicals Regulations (REACH) started coming into force in 2007. REACH is being phased in over 11 years. The REACH regulations will ensure chemicals are properly tested before going on the market. REACH means that the burden of proof is on employers to demonstrate that a chemical can be used safely. Everyone in the supply chain will have to ensure the safety of the chemical substances they handle and will have better information to do this.

Although REACH is primarily aimed at protecting the environment and consumers, it has implications for workplace safety. Unions broadly welcome REACH, although there have been concerns about its limitations and its implications for health and safety legislation.

In September 2010, the TUC issued guidance reminding safety reps to make sure employers are meeting their new legal duties on workplace chemicals under REACH and published an online safety rep guide. The guidance advises safety reps in firms using chemicals to check with their employer whether:

• any classifications need changing under the new rules;

• chemicals are being labelled correctly in line with the rules;

• all uses are covered by updated safety data sheets; and

• all necessary risk assessment measures have been implemented.

The manufacturers’ organisation EEF called on Britain’s manufacturers to “get to grips” with the requirements of REACH or face the prospect of unlimited fines or even prison through a failure to comply. The call was made in January 2013 following the publication of a survey showing that awareness of REACH, especially amongst smaller companies, remains worryingly low. It backs long standing fears that companies have failed to recognise the full scope and significance of the regulation on their use of certain substances, or that they believed it was limited to chemical companies.

The EEF says REACH has major implications for all companies ranging from requirements for worker safety, to controls on how substances are used, through to the need to potentially modify processes and substitute other materials. There are also major implications for companies in the supply chain who must be in a position to advise their customers if such substances are present in the products they sell.

Where there is a strong enough argument for continued use of a banned substance, companies can apply to the European Commission to continue to use it. The first such deadline was in February 2013 and the second in June 2013.

The EEF also called on the government to do more to raise awareness of the implications of REACH on businesses and for more user-friendly guidance and a clearer understanding of when the Commission is likely to give permission for continued use of banned substances.

The survey found that 20% of companies still believe REACH is not applicable to them while a further 30% say it is not important to their business. The figures rise for the smallest companies with just under a third of companies with an annual turnover below £2 million unaware of how they will be affected. Even where smaller companies were aware of REACH, half were not monitoring developments. This compares to 72% of large companies and 83% medium sized who are monitoring developments.

The survey showed that where there was awareness there was action, especially among users who are working with suppliers and customers, monitoring developments and substituting substances of very high concern with safer alternatives.