38. The duties in the United Kingdom

This section brings together the British body of rules in one place, as the three preceding sections do for Germany, the European Union and the Netherlands. Since 1 January 2021 the United Kingdom has no longer been bound by Directive 2004/37/EC. The governing provision, the Control of Substances Hazardous to Health Regulations 2002, is older than that Directive and continues to apply unchanged. [122, 113]

The territorial scope is divided. The COSHH Regulations 2002 and the Control of Asbestos Regulations 2012 carry the note “E+W+S” and therefore apply in England, Wales and Scotland; Northern Ireland has provisions of its own, built up with the same content, in the Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003 and the Control of Asbestos Regulations (Northern Ireland) 2012. In waste law the four parts of the country go their own ways, each with its own regulations for England, Wales, Scotland and Northern Ireland. Unless stated otherwise, the information in this section relates to England and Wales. [254]

The term substance does not attach to the classification

Regulation 2(1) determines what a “substance hazardous to health” is. Letter a covers every substance which meets the criteria for classification in a health hazard class under the CLP Regulation, and does so expressly “whether or not the substance is classified under that Regulation”. Letter b covers substances with a workplace limit value approved by the British authority HSE, letter d dust of any kind above the concentration named there. A chromate that forms at the interface between insulation material and hot component meets the criteria of letters a and b, without there having to be a supplier, a safety data sheet or a formal classification. [236]

The definition of the carcinogen in the same provision repeats this idea. Covered is a substance which meets the criteria for classification as a carcinogen of category 1A or 1B under Annex I of the CLP Regulation, “whether or not the substance or mixture would be required to be classified under the Regulation”, or a substance or process listed in Schedule 1. Schedule 1 contains no entry on chromium. The carcinogenic property of a chromate formed in situ therefore follows from the first route, through the classification criteria, and not from a list. [236]

That is the British counterpart to what the German Hazardous Substances Ordinance governs in section 2 paragraph 1 numbers 3 and 4. Both legal systems attach the duties to the property of the substance and not to the route by which it entered the company. [195]

Assessment, maintenance and the threshold of five employees

Regulation 6(1) contains a prohibition on beginning work. An employer may not carry out work which can expose employees to a substance hazardous to health as long as he has not carried out a “suitable and sufficient assessment” of the risk thereby created and of the steps required, and has not implemented those steps. Section 25 deals with this provision in comparison with the other legal systems. [122]

Regulation 6(2) lists what the assessment has to take into account. Letter e names the case relevant here expressly: “activities, such as maintenance, where there is the potential for a high level of exposure”. Letter b names the information from the supplier including the safety data sheet, letter c the level, the type and the duration of the exposure, letter f a relevant workplace limit value and letter i the results of measurements under Regulation 10. Maintenance is therefore named in the British provision as a subject of assessment in its own right, just as section 6 paragraph 5 of the German Hazardous Substances Ordinance names maintenance work. [122, 195]

Regulation 6(4) limits the duty to document. Only an employer with five or more employees has to record the significant findings of the assessment and the steps taken under Regulation 7. For smaller companies the duty to assess applies, while the duty to record does not. The difference carries weight in the field dealt with here, because insulation and maintenance work is in many cases carried out by small companies. [236]

A duty of investigation before work begins is absent. Regulation 6 takes effect where the work is liable to expose employees, and says nothing about how the employer determines the presence of the substance. A presumption rule for cases of doubt likewise does not exist in the COSHH regime. Both stand in the asbestos regime, in Regulation 5 of the Control of Asbestos Regulations 2012. [122, 123]

Prevention, replacement and what is reasonably practicable

Regulation 7(1) requires the exposure to be prevented or, so far as that is not reasonably practicable, to be adequately controlled. Regulation 7(2) makes the priority of replacement clear; Regulation 7(3) orders the further stages from the design of the processes through control at source to personal protective equipment. Regulation 7(4) letter b expressly requires “the adoption of suitable maintenance procedures”, letter c the reduction of the number of exposed employees, of the level and the duration of the exposure and of the quantity present at the workplace to the minimum required for the work. Section 30 reproduces the wording of paragraphs 1, 2 and 5. [113]

For carcinogens Regulation 7(5) is added, with the total enclosure of the process and the handling systems so far as is reasonably practicable, the prohibition of eating, drinking and smoking in areas that may be contaminated, the regular cleaning of floors, walls and other surfaces and cleaning as the occasion requires, the marking of the areas and installations concerned and the storage, handling and disposal in closed and clearly marked containers. These measures apply irrespective of any measurement. [113]

Regulation 7(7) sets the standard for the control. The control counts as adequate only where the principles of good practice under Schedule 2A are applied, where an approved workplace exposure limit is not exceeded and where, for a substance with the hazard statement H340, H350 or H350i or a substance or process listed in Schedule 1, the exposure is “reduced to as low a level as is reasonably practicable”. The chromates of the kind dealt with here carry H350 or H350i. The minimisation duty therefore applies to them in addition to the limit value and irrespective of whether it is complied with. [236]

The three conditions are joined by “and”. Compliance with the limit value on its own therefore does not satisfy the duty to control. The minimisation under letter c for its part does not depend on the limit value, because it attaches solely to the hazard statement or to Schedule 1; it therefore applies where no limit value is set, and equally where one is set and complied with. The opening half-sentence reads “where there is exposure to a substance hazardous to health” and contains no threshold. [236]

The standard is worded differently from the one under Union law. Article 5 paragraph 3 of Directive 2004/37/EC requires the level of exposure of workers to be “reduced to as low a level as is technically possible”, and Article 5 paragraph 4 provides in addition that the limit values of Annex III may not be exceeded. The British provision turns on what is reasonably practicable, the German one in section 10 paragraph 1 of the Hazardous Substances Ordinance on the state of the art. [209, 195]

Schedule 2A names under letter b the taking into account of all relevant routes of uptake, namely inhalation, absorption through the skin and ingestion. An air measurement alone does not meet this requirement. Letter a requires processes and activities to be designed so that the release and the spread of the substance remain as low as possible. [236, 41]

The standard “so far as is reasonably practicable” operates in proceedings differently from the way it looks. Section 40 of the Health and Safety at Work etc. Act 1974 places the burden of proof on the accused: in criminal proceedings for a breach of such a duty he has to prove that it was not practicable or not reasonably practicable to do more than was done. Anyone who relies on substitution having been impracticable has to establish that. [235]

The limit value of 0.01 mg/m³ and the state of the HSE publications

EH40/2005 in its fourth edition 2020 carries in Table 1 the entry “Chromium (VI) compounds (as Cr)” with 0.01 mg/m³ as a time weighted average over eight hours and a value of 0.025 mg/m³ for process generated exposure, with the notes Carc, sen and BMGV. The footnote to this entry provides: “‘Process generated’ refers to exposures to Chromium (VI) Compounds generated as a result of a work process, such as fumes from welding.” The lowered value has applied since 17 January 2020; the introductory note of the edition lists chromium(VI) compounds among the substances with a lowered limit value. [238]

Table 2 of the same edition carries a biological guidance value of 10 µmol chromium per mol creatinine in urine, to be determined after the shift. The value covers chromium and not the compound; Section 24 deals with what follows from that. [42]

The higher value for process generated exposure matters for this set of facts. The footnote names welding as an example. Whether a chromate that has formed at the interface without any input of energy from the activity and is released as dust during removal counts as process generated, EH40 does not say. I have not found any guidance on its interpretation. The answer decides a factor of 2.5 in the limit value to be applied. [238]

The leaflet INDG346 of the authority still names 0.05 mg/m³ for chromium(VI) compounds. That is the value from before 17 January 2020. The authority has not brought its own leaflet into line after the lowering; accessed on 17 October 2026 it carries the old value. Anyone who relies on the generally accessible publication of the authority works with five times the limit value in force. [88]

The European Union lowered its binding limit value for chromium(VI) to 0.005 mg/m³ with effect from 17 January 2025. The United Kingdom does not follow this; the British authority still carries 0.01 mg/m³ for chromium(VI). The British value is therefore twice the value under Union law. [238, 41, 209]

EH40 carries no skin notation for chromium(VI). The legend of the edition frames this notation narrowly: “Sk Can be absorbed through the skin. The assigned substances are those for which there are concerns that dermal absorption will lead to systemic toxicity.” What is meant is the systemic effect after uptake through the skin. The local skin effect of the chromates, the chrome ulcer and the allergic contact dermatitis, does not fall under it. The note “sen” does not help any further here either, because the same legend limits it to “Capable of causing occupational asthma”. Annex III of Directive 2004/37/EC likewise carries no “skin” notation for chromium(VI). The duties on skin protection therefore follow from Schedule 2A and Regulation 7, and not from the table of limit values. [238, 209]

The hazard statements trigger the duties

In British law the classification statements are the point of attachment. Regulation 2(1) determines the substance hazardous to health through the criteria of the CLP Regulation and defines that Regulation in the same provision as Regulation (EC) No 1272/2008, whose Articles 6 paragraph 5, 11 paragraph 3, 12, 14, 18 paragraph 3 letter b, 23, 25 to 29 and 35 paragraph 2 as well as Annexes I to VII “are to be read as amended from time to time”. Regulation 7(7) letter c then names individual hazard statements in their wording. Point i covers a substance with “the hazard statement H340, H350 or H350i” or a substance or process listed in Schedule 1, point ii a substance with “the hazard statement H334”. [236]

Since 1 January 2021 the British authority HSE has maintained, as GB CLP Agency, a binding list of its own. According to its own account, “all existing EU harmonised classification and labelling in force on 31 December 2020, are assimilated into Great Britain as GB mandatory classification and labelling (GB MCL)”. For Northern Ireland the Union version continues to apply, because “substances and mixtures placed on the market in Northern Ireland are subject to the EU CLP Regulation”. [240]

Regulation 7(7) letter c point i therefore applies to all three entries, for calcium chromate through H350, for the collective entry through H350i and for sodium chromate through H350 and H340. For sodium chromate point ii applies in addition, through H334. [236, 239]

The list in Regulation 7(7) letter c does not name H317, and it does not name H314 either. Skin sensitisation therefore does not trigger the minimisation duty. It still makes the substance a substance hazardous to health under Regulation 2(1) letter a, because that letter covers every health hazard class. Assessment under Regulation 6 and control under Regulation 7(1) apply unchanged, and Schedule 2A letter b requires absorption through the skin to be taken into account. The additional regime depends on carcinogenicity, germ cell mutagenicity and respiratory sensitisation. [236]

For the case dealt with here the distribution of the statements across the two salts matters. In the British list calcium chromate carries neither H317 nor H334 nor H314. Sodium chromate carries all three, and in addition toxicity for reproduction and repeated organ damage. Both form at the same interface, depending on the basic oxide of the insulation material. Section 3 deals with what the collective term obscures at this point. [239]

Measurement, health surveillance and forty years

Regulation 10(1) makes the measurement dependent on a precondition. Measurement takes place where the risk assessment shows that the measurement is “requisite” in order to maintain adequate control or to protect the health of the employees. Regulation 10(2) allows it to be dispensed with where the employer can demonstrate by other means that the requirements of Regulation 7(1) are met. There is no duty to measure as such. [236]

Regulation 10(4) refers, for certain substances and processes, to Schedule 4 and Schedule 5 with fixed measurement intervals. The only chromium entry there reads “Spray given off from vessels at which an electrolytic chromium process is carried on, except trivalent chromium”, with an interval of fourteen days. Electrolytic chromium plating is therefore subject to mandatory monitoring. For work on insulated hot components there is no corresponding entry. [236]

Regulation 10(5) governs the retention. Where the record is representative of the personal exposure of identifiable employees, it is to be kept available for at least forty years from the last entry, in all other cases for at least five years. The forty years therefore arise only where the measurement was personal. Without measurement no register arises from which an exposure could later be reconstructed, and the COSHH regime contains no provision corresponding to the German exposure register under section 10a of the Hazardous Substances Ordinance. [236, 197]

Regulation 11 governs the health surveillance. It is mandatory where the employee is exposed to a substance named in Schedule 6 in the process named there, and in addition where an identifiable disease or adverse health effect may be related to the exposure, where its occurrence under the particular conditions is reasonably likely and where a suitable technique exists for detecting it that carries a low risk for the employee. On chromium, Schedule 6 names only “Potassium or sodium chromate or dichromate. In manufacture.” Calcium chromate does not appear there, and the restriction “in manufacture” does not cover the maintenance of an insulated installation. The mandatory route through Schedule 6 is therefore blocked; what remains is the second route through the preconditions of Regulation 11(1) letter b. [236]

Regulation 11(3) requires a health record with the particulars approved by the authority, to be kept available for at least forty years from the last entry. The period corresponds to the German one and to the one under Union law. It applies only where the health surveillance is opened at all. [236]

Regulation 9 requires the protective measures to be kept in efficient working order and prescribes for local exhaust ventilation plant a thorough examination at least every fourteen months, and for respiratory protective equipment other than disposable types a thorough examination at suitable intervals. The records of these examinations are to be kept for at least five years. [236]

Instruction and the protection of third parties

Regulation 12(1) requires the employer who carries out work which can expose an employee to a substance hazardous to health to provide suitable and sufficient information, instruction and training. Regulation 12(2) names the content, among it the names of the substances and the risks connected with them, access to safety data sheets, relevant limit values, the significant findings of the risk assessment, the precautions to be taken, the results of measurements and the collective results of the health surveillance. [236]

Regulation 12(4) reaches beyond the employer's own company. The employer has to ensure that any person, “whether or not his employee”, who carries out work in connection with his duties under these Regulations receives suitable and sufficient information, instruction and training. Outside contractors and self-employed persons who work on an installation are therefore included. [236]

The same follows from the Act. Section 2(1) of the Health and Safety at Work etc. Act 1974 obliges every employer to ensure, so far as is reasonably practicable, the health, the safety and the welfare at work of his employees; Section 2(2) letter c names in this connection information, instruction, training and supervision. Section 3(1) extends the duty to persons who are not his employees and who may be affected by his activity. Section 7 obliges every employee to take reasonable care for himself and for others and to cooperate with the employer in the performance of his duties. [235]

Supervision, criminal offence and duty to report

Supervision works with two types of notice. Under Section 21 an inspector may serve an improvement notice where a provision is being breached, with a time limit for remedying it. Under Section 22 he may serve a prohibition notice where an activity involves a risk of serious personal injury; the notice may take effect immediately and prohibits the activity until the defects have been remedied. British law contains no notification to the authority of work with carcinogens before it begins. [235]

The duties carry criminal sanctions. Section 30 reproduces the range: breaches under Section 33(1) letters a and c may be tried either summarily or on indictment, on indictment with an unlimited fine and imprisonment of up to two years under Schedule 3A. [112]

The sentencing of companies follows a guideline of its own. The guideline of the Sentencing Council for breaches of the employer duties and of health and safety regulations has applied since 1 February 2016 and was last updated on 5 October 2026. It forms a matrix of culpability and harm category and graduates the fine ranges according to the turnover of the company; the overall range runs from 50 pounds to 10 million pounds. The occurrence of harm is not a precondition, because the guideline assesses the likelihood of the harm and the number of those affected in their own right. [247]

Alongside the penalty stands the recovery of costs. Under Regulations 23 and 24 of the Health and Safety and Nuclear (Fees) Regulations 2022 the authority invoices the costs of an intervention where an inspector finds a material breach of a health and safety provision, limited to the reasonable costs actually incurred. There is no hourly rate laid down by statute; the authority publishes it, and as at 1 April 2026 it amounts to 188 pounds per hour. Regulation 24(13) exempts work carried out under an asbestos licence from this recovery of costs. For chromium(VI) there is no licence and therefore no corresponding exemption. [246]

The duty to report attaches to the diagnosis. Under Regulation 9 of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 the employer has to report to the authority where he has a written diagnosis of one of the diseases named in Schedule 1 and the person concerned carries out the associated work. Schedule 1 part 1 number 3 names occupational cancer. Regulation 8 covers occupational dermatitis and occupational asthma. A report of the exposure as such, without a diagnosis, is not provided for. [242]

Waste

The classification runs through a chain of references. Regulation 4(1) of the Hazardous Waste (England and Wales) Regulations 2005 determines the term hazardous waste through the list of Decision 2000/532/EC as amended from time to time. The List of Wastes (England) Regulations 2005, which formerly stood alongside it, were revoked on 1 July 2015. For Wales regulations of its own from 2005 apply, for Scotland the Special Waste Regulations 1996 as amended in 2004, for Northern Ireland the Hazardous Waste Regulations (Northern Ireland) 2005. [243, 254]

The waste codes are the same as on the continent. For removed insulation the mirror entry 17 06 03* applies, “other insulation materials consisting of or containing hazardous substances”. For linings and refractory materials 16 11 03* and 16 11 05* come into consideration, for chromates the entry 16 09 02*. A mirror entry requires an assessment of the hazard-relevant properties; without an assessment the waste is not classified as non-hazardous. [243]

The assessment threshold stands in the technical guidance WM3. The joint guidance of the environment agencies of England, Wales, Scotland and Northern Ireland, first edition in version v1.2.GB of October 2021, lays down for the hazard-relevant property HP 7, carcinogenic, a concentration limit of 0.1 percent by mass for substances of category 1A or 1B with H350. For this property the guidance contains no cut-off value below which a content would be left out of account. [244]

For the handling, a prohibition on mixing applies. Regulation 19 of the Hazardous Waste Regulations prohibits the mixing of different categories of hazardous waste and the mixing of hazardous with non-hazardous waste, and Regulation 20 lays down the exceptions and the duty to separate, so far as technically and economically feasible. The Regulations contain no express prohibition on dilution on the model of the German section 9a of the Circular Economy Act. Regulations 35 and 36 require for every carriage a consignment note with particulars of the producer, the waste code and the destination. [243, 206]

Above that lies the general duty of care. Section 34 of the Environmental Protection Act 1990 obliges everyone who produces, carries, treats or disposes of waste to take reasonable measures to ensure that the waste is not handled without authorisation, does not escape and is transferred only to authorised persons together with an accurate written description. The accurate description presupposes the accurate classification. [245]

Chemicals law: GB CLP and UK REACH

Since 1 January 2021 the authority HSE has maintained, as GB CLP Agency, a binding classification list of its own. The GB mandatory classification and labelling list, published on 17 February 2025 and last updated on 22 September 2025, contains calcium chromate under the Index number 024-008-00-9 as Carc. 1B with H350, sodium chromate under 024-018-00-3 and the collective entry for chromium(VI) compounds under 024-017-00-8 with H350i. The classifications therefore correspond to those under Union law. [239]

The law on authorisation diverges. In UK REACH, Annex XIV carries sodium chromate under entry 22. Calcium chromate stands neither in Annex XIV nor on the Candidate List. None of the restrictions covers the in situ formation on a component. The authorisation requirement attaches in any event to the use of a substance placed on the market and not to what forms at the interface; Section 25 deals with this point. According to the authority, the authorisations granted under EU REACH for chromium(VI) substances expired on 21 September 2024. [241]

I am not aware of any British procedure corresponding to the Union wide use ban proposed by ECHA in April 2025. The British position is therefore this: classification as in the Union, authorisation and restriction narrower. [241, 212]

The distance from the asbestos regime

The Control of Asbestos Regulations 2012 show what a legal system prescribes for a recognised process risk. Regulation 5 requires, before demolition, maintenance and similar work, the determination of the presence, the type and the condition of the asbestos and provides for cases of doubt that its presence is to be assumed. Regulation 6 requires the recording of the significant findings irrespective of the size of the company. Regulation 7 requires a written plan of work with a prescribed minimum content. [123, 248]

It continues with licence and notification. Regulation 8 makes the work subject to licensing dependent on a permission from the authority, with an application lead time of 28 days and a validity of at most three years. Regulation 9 requires the notification of work subject to licensing fourteen days before it begins. Regulation 10 prescribes the content of the instruction in eleven individually named items, from the properties of the substance through decontamination and waste handling to the emergency procedures. [248]

Measurement and clearance are formalised. Regulation 19 requires the measurement of the asbestos fibre concentration at regular intervals and on any change that can affect the exposure. Regulation 20 and Regulation 21 require, for measurement, clearance certification and sample analysis, accreditation to ISO 17025, and for clearance in addition to ISO 17020. The guidance HSG248 in its second edition of May 2021 describes the clearance procedure in four stages and lays down a numerical criterion for the air sample inside the enclosure: all results must be below 0.010 fibres per millilitre. [248, 249]

For chromium(VI) none of this exists. There is no duty to establish the facts before the maintenance and no presumption rule, no prescribed plan of work, no licence, no notification, no catalogue of instruction content, no duty to measure as such, no accredited laboratories, no clearance procedure and no cleanliness criterion for releasing a surface or a component back into use. Under the same provision both substances are carcinogens of category 1A or 1B. The depth of the procedure differs completely. [236, 248]

What the British body of rules names

No British legal act names the formation of chromate on insulated chromium-alloyed hot components. The only chromium entry in the measurement intervals of the COSHH Regulations concerns electrolytic chromium plating, the only chromium entry in the health surveillance the manufacture of potassium and sodium chromate. Insulation, high temperature and hot components do not appear in the Regulations. The list of waste covers the matter only through the mirror entry for insulation material, without naming chromium. [236, 243]

The publications of the authority fall short of that. The accompanying Approved Code of Practice L5 in its sixth edition 2013 expressly covers, in paragraphs 57, 69 and 87, substances that arise as waste or as a by-product or are released from processes; a full text search for “insulat” gives no hit in this document. Chromium appears there in connection with electroplating and chromate manufacture. The leaflet INDG346 lists, under the question where chromium(VI) occurs, the manufacture and use of stainless steel and other chromium alloys including welding and cutting, pigments for paints and ceramics, catalysts, dye manufacture, leather tanning and electroplating. Insulation is missing from this list. I have not found any publication of the authority that names the formation pathway. [237, 88]

The matter has been named from another quarter. The Safety Bulletin Summary of the British industry association Energy UK of September 2019 describes it completely. It names as locations high pressure steam lines, combustion chamber components and exhaust gas paths of gas turbines where calcium-containing insulation or calcium-containing release agents are used, and records as the conditions of formation: “1. Calcium based product is present 2. Temperatures greater than 300°C 3. Chromium Steel is present.” It points out the yellow discolouration resembling sulphur, which is hard to see under sodium vapour light, and recommends assuming the presence of chromium(VI) at all power stations. Section 26 deals with the practice with penetrating oil named there. [92]

Two specialist bodies are to be added. The occupational medicine research institute IOM names “calcium containing insulation systems” among the occurrences in an undated leaflet and records: “Cr VI dust can be commonly found on high-temperature insulated parts such as large engines.” The Energy Institute maintains a page in its Toolbox which describes the formation on stainless steel in contact with materials containing calcium oxide such as thread sealants or insulation and points out the increase at elevated temperatures; according to the page the material is taken over from Energy Safety Canada. [250, 251]

The trade association responsible says nothing. Among its technical documents the Thermal Insulation Contractors Association publishes material on fire stops, pipe penetrations, heat pumps and outside air ducts. On chromium(VI) or chromates nothing is to be found there. The training provider association UKATA maintains a syllabus on chromium(VI) awareness which names welding, electroplating, pigment manufacture, foundry work and coating removal and leaves out insulation. The companies that carry out this work therefore receive their sector documents without the formation pathway dealt with here. [252, 253]

The position is therefore the following. The mechanism has been named in the United Kingdom since September 2019, with a threshold temperature and a reaction partner, in a members paper of an industry association of electricity generation which cannot be found on the website of that association. The authority has not taken it up in any of its publications. The absence of a note from the authority changes nothing about the duties, because these attach to the term substance and not to a list. [92, 236]

What follows from this for a company in the United Kingdom

The duties begin before the work. Regulation 6(1) prohibits the start without a suitable and sufficient assessment, and Regulation 6(2) letter e names maintenance with the potential for a high level of exposure as a subject of assessment in its own right. An assessment that does not consider the formation pathway on insulated chromium-alloyed hot components, although the component materials and the operating temperatures are known, does not meet this requirement. [122]

The measures follow a fixed ranking. The first point to be examined is replacement under Regulation 7(2), then the design of the processes and control at source under Regulation 7(3), and only after that personal protective equipment. For carcinogens the measures of Regulation 7(5) are added, from the enclosure to the cleaning of the surfaces. For a substance with H350 or H350i this includes the minimisation to the lowest level that is reasonably practicable under Regulation 7(7) letter c, which applies in addition to the limit value. Anyone who considers the substitution impracticable bears the burden of proof for that in proceedings under Section 40 of the Act. [113, 236, 235]

With the limit value the current state is to be observed. What governs is EH40 in its fourth edition 2020 with 0.01 mg/m³ as a time weighted average over eight hours, and not the value of 0.05 mg/m³ from the leaflet of the authority that was not brought into line. Compliance with the limit value does not end the duties, because Regulation 7(7) places the minimisation alongside it and Schedule 2A requires the skin and ingestion to be taken into account. [238, 236]

The documentation depends on the size of the company. From five employees upwards the significant findings of the assessment and the steps taken are to be recorded under Regulation 6(4). Where the measurement is personal, the records are to be kept available for forty years. This includes the examination of whether the health surveillance is opened under Regulation 11(1) letter b, because the route through Schedule 6 is not open for this set of facts. [236]

The instruction reaches beyond the employer's own workforce. Under Regulation 12(4) every person who carries out work in connection with the duties of the employer is to be included, whether employed or not. This includes the insulation companies, the maintenance companies and the self-employed persons working on the same installation. Section 3(1) of the Act additionally obliges the operator towards everyone who may be affected by his activity. [236, 235]

The waste is to be classified before disposal. Removed insulation falls under a mirror entry whose classification requires an assessment; under WM3 the threshold for the carcinogenic property is 0.1 percent by mass. This includes the separation under Regulations 19 and 20 and the consignment note under Regulations 35 and 36. The written description under Section 34 of the Environmental Protection Act 1990 has to be accurate. [243, 244, 245]

There is no need to wait for a naming by the authority. The duties under Regulation 2(1), 6 and 7 attach to the property of the substance and apply irrespective of whether the authority lists the formation pathway in a publication. The burden of proof rule of Section 40 operates in the same direction, because it places the demonstration of the limit of what is practicable on the employer. For electricity generation the information has been available since September 2019 within the industry association of the sector itself. [236, 235, 92]