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Posted By Iain Watt
HSE Doc L131 the Approved Classification and Labelling Guide (Sixth edition) - CHIP4 has just landed on my desk. The first thing I noticed was its status - an Approved Guide.
On reading the preface it states ' The Chemical (Hazards Information and Packaging for Supply) Regulations 2009 impose requirements by reference to this Guide and to that extent it is legally binding.'
I know were I am with the legal weighting of ACOP's and Guidance. Is this status of document something we are likely to see more of? If it is legally binding then why are they not scheduled within the regulations? Any ideas on the origins of 'Approved Guide' and are we likely to see any other guidance status?
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Posted By Jay Joshi
Regulation 2 of CHIP 4, Interpretation includes:-
"the approved classification and labelling guide” means the guide entitled “Approved Guide to the Classification and Labelling of Dangerous Substances and Dangerous Preparations (Fifth Edition)” approved by the Health and Safety Commission on 16th April 2002(11), as revised or re-issued from time to time"
The key factor is " revised or reissued from tiome to time"--This is more efficient because one would have to amend regulations every time there was a change to the guide!
This has been the situation since 2002.
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Posted By Paul Leadbetter
Iain
I am not sure of the origin of 'aprroved guide' as a concept but, in this case, since the information contained in the guide must keep in step with technical advances, I can see that as reason why not to include it in the Regs. as any change in the legislation would require parliamentary time.
Paul
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