Health and Safety Executive updates GB law on classification, labelling and packaging of chemicals

The Health and Safety Executive has announced that it is intending to update the Great Britain regulations for the classification, labelling and packaging of substances and mixtures.

Adaptations to Technical Progress (ATPs) are amendments to the European Union’s Classification, Labelling and Packaging  (CLP) Regulation, for substances and mixtures in the European Union. Issued every year by the European Commission, ATPs are updates to the technical annexes and/or certain articles of the CLP Regulation based on the latest scientific and technical developments. For example, ATPs may introduce new harmonised classifications, update existing ones, or modify other aspects of the CLP Regulation. ATPs are legally binding and must be applied by all manufacturers, importers and downstream users of substances and mixtures.

The 15th ATP, for example, adds new hazard classes for desensitised explosives and pyrophoric gases and revised the criteria for skin corrosion or irritation and serious eye damage or irritation.

On 11 January 2024, the Health and Safety Executive (HSE) announced that the 14th and 15th ATPs had not been implemented into GB law, and as such were not legally in GB’s mandatory classification and labelling list. To rectify this, the HSE intends to update the status of GB mandatory classification and labelling (MCL) list entries for 90 substances.
 
A recommendation will be made to Ministers for a Ministerial decision, with consent from the Ministers in the Devolved Governments, and as such the Health and Safety Executive hopes to have the 90 substances formally added to the GB mandatory classification and labelling list in April 2024.
 
Of the 90 substances, 62 substances are in agreement with the European Chemicals Agency (ECHA) Committee for Risk Assessment (RAC) Opinions, while 26 substances differ in opinion. That leaves two substances – titanium dioxide in powder form and granulated copper – where no mandatory classification and labelling is proposed currently.

The Technical Reports and Agency Opinions are on the HSE website.

Impact to organisations

The impact to companies should be minimal as common opinion was that the 14th and 15th ATPs had already been implemented in the GB regulation (with the exceptions being titanium dioxide in powder form and granulated copper).

Should you require any support in understanding how this change, or the CLP impacts your organisation, our team are available for a free, no-obligation discussion of your requirements. Contact our chemical experts >

Learn about Ricardo's solutions for the chemical sector >