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Updated May 9, 2022

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HSE consult on UK REACH changes to mirror EU REACH

The Health and Safety Executive (HSE) have launched two public consultations on proposed restrictions under Retained Regulation 1907/2006, on the Registration, Evaluation, Authorisation and Restriction of Chemicals (UK REACH).

As the Agency for UK REACH, the HSE received requests from the Defra Secretary of State, with the consent of the Scottish Government and the Welsh Government, to prepare restriction dossiers that assessed the risk posed by:

  • lead shot in ammunition; and
  • substances and groups of substances that pose a risk to human health if they are present in tattoo inks and permanent make-up (PMU).

The requests for the preparation of these restriction dossiers follows restrictions made already by the European Chemicals Agency (ECHA), under Regulation (EU) 1907/2006, on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency (EU REACH).

Since the UK left the European Union on 31 January 2020, the UK is no longer a part of EU REACH, and instead created a retained version of the legislation for operation within Great Britain - UK REACH. Northern Ireland continues to operate under the requirements of EU REACH as set out in the provisions of the Protocol on Ireland/Northern Ireland.

As with any piece of legislation, EU REACH has continued to be amended and updated since the UK left the EU, but these changes no longer apply to the UK. Most of these changes to EU REACH come about due to new research and information gained on substances and seek to ensure the health and safety of people and the protection of the environment. So it should come as no surprise that things like restrictions on substances being made in the EU are being reflected by the HSE in Great Britain, who will surely want to ensure a high standard of protection for the health and safety of workers and members of the public.

Lead shot in ammunition

In 2020 the EU banned the use of lead gunshot in wetlands through a restriction under EU REACH. ECHA is expected to adopt its opinion on the restriction of lead in outdoor shooting and fishing in June 2022, following a consultation on its proposed restriction that concluded in September 2021. The reason a restriction dossier was prepared was due to concerns over the toxicity of lead to both people and wildlife.

Now following the same concerns that lead ammunition poses an unacceptable risk to human health and the environment, the HSE are consulting on restricting it under UK REACH. The HSE's restriction dossier examines whether a restriction on lead shot should be introduced into Great Britain covering lead in ammunition in all habitats.

The HSE's consultation on its proposed restriction to lead shot in ammunition can be found here:

Substances and groups of substances that pose a risk to human health if they are present in tattoo inks and permanent make-up (PMU)

The second consultation from the HSE focuses on the substances and their groups that pose a risk to human health that are used in tattoo inks and permanent make-up.

In January 2022, the EU restricted over 4000 potentially harmful substances under EU REACH to prevent them from being used in tattoo inks and permanent make-up. These restrictions included:

  • chemicals that cause cancer or genetic mutations; 
  • chemicals that are toxic to reproduction;
  • skin sensitisers; and
  • irritants.

The aim of these restrictions was to make tattoos and permanent make-up safer for people.

Following the EU ban, the HSE are now consulting on the same area, and have prepared a restriction document to see whether a similar restriction should be introduced into Great Britain.

The HSE's consultation on its proposed restriction can be found here:


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