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.

TUC guidance reminds safety reps to make sure employers are meeting their legal duties on workplace chemicals under REACH. 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, was 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 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.