S.L. 646.5 Art. 9Onus of proof.

In any proceedings for an offence under these regulations consisting of a failure to comply with a duty or requirement to do something, or to do something so far as is reasonably practicable, it shall be for the accused to prove (as the case may be) that it was not practicable or not reasonably practicable to do more than was in fact done to satisfy the duty or requirement, or that there was no better practicable means than was in fact used to satisfy the duty or requirement. FIRST SCHEDULE

Regulation 4(2)

Non-exhaustive list of agents for which an assessment has to be carried out.

Physical agents where these are regarded as agents causing foetal lesions to disrupt placental attachment, and in particular:

shocks, vibration or movement; handling of loads entailing risks, particularly of a dorsolumbar nature; noise; ionizing radiation; non-ionizing radiation; extremes of cold or heat; movements and postures, travelling - either inside or outside the establishment -mental and physical fatigue and other physical burdens connected with the activity of the worker within the meaning of regulation 2. Biological agents agents of risk groups 2, 3 and 4 within the meaning of paragraphs 2, 3 definition "biological agents" in regulation 2 of the Protection of Risks related to Exposure to Biological Agents at Work Regulations in so far as it is known that such agents or the therapeutic measures by them endanger the health of pregnant women and the unborn child, as they do not yet appear in the Second Schedule. Chemical agents following chemical agents in so far as it is known that they endanger the pregnant women and the unborn child and in so far as they do not yet Second Schedule: substances and mixtures which meet the criteria for classification under Regulation (EC) No 1272/2008 of the European Parliament and of the Council in one or more of the following hazard classes and hazard categories with one or more of the following hazard statements, in so far they do not yet appear in the Second Schedule: - germ cell mutagenicity, category 1A, 1B or 2 (H340, H341); - carcinogenicity, category 1A, 1B or 2 (H350, H350i, H351); - reproductive toxicity, category 1A, 1B or 2 or the additional category for effects on or via lactation (H360, H360D, H360FD, H360Fd, H360Df, H361, H361d, H361fd, H362); - specific target organ toxicity after single exposure, category 1 or 2 (H370, H371); chemical agents in Schedule I to the Protection of Workers from Risks related to Exposure to Biological Agents at Work Regulations (S.L. 646.17); mercury and mercury derivatives;

(d) antimitotic drugs;

(e) carbon monoxide;

(f) chemical agents of known and dangerous percutaneous absorption.

B. Processes Industrial processes listed in Schedule I to the Protection of Workers related to Exposures to Carcinogens or Mutagens at Work Regulations

SECOND SCHEDULE

Regulation 4(3)

SECTION A: Non-exhaustive list of agents, processes and working which a pregnant worker cannot be exposed A. Pregnant workers within the meaning of the definition "pregnant regulation 2.