S.L. 646.16 Art. 9Prohibitions.

(1) To prevent the exposure of workers to health risks from certain chemical agents and, or certain activities involving chemical agents, the production, manufacture or use at work of the chemical agents and the activities set out in Schedule III shall be prohibited to the extent specified therein.

(2) (a) The Minister may permit derogations from the requirements of sub-regulation (1) in the following circumstances:

(i) for the sole purpose of scientific research and testing, including analysis,

(ii) for activities intended to eliminate chemical agents that are present in the form of by-products or waste products,

(iii) for the production of the chemical agents referred to in sub-regulation (1) for use as intermediates, and for such use.

(b) The exposure of workers to chemical agents referred to in sub-regulation (1) must be prevented, in particular by providing that the production and earliest possible use of such chemical agents as intermediates must take place in a single closed system, from which the aforesaid chemical agents may be removed only to the extent necessary to monitor the process or service the system.

(c) The Minister may make regulations providing for systems of individual authorisations.

(3) Derogations pursuant to sub-regulation (2) may be permitted, after the employer submits to the Authority the following information:

(a) the reason for requesting the derogation,

(b) the quantity of the chemical agent to be used annually,

(c) the activities and, or reactions or processes involved,

(d) the number of workers liable to be involved,

(e) the precautions envisaged to protect the health and safety of workers concerned,

(f) the technical and organisational measures taken to prevent the exposure of workers.

(4) The Minister may amend the list of prohibitions under sub-regulation (1), to include further chemical agents or activities.