Q.01

How do I assess chemical risks at work in Ireland?

In Ireland you assess chemical risks at work under the general risk assessment duty in section 19 of the Safety, Health and Welfare at Work Act 2005, applied in detail by Regulation 4 of the Chemical Agents Regulations 2001 to 2026 (S.I. 619/2001 as amended). Where carcinogens, mutagens or reprotoxic substances are present, the stricter Carcinogens, Mutagens and Reprotoxic Substances (CMR) Regulations 2024 (S.I. 122/2024) also apply. The 2026 HSA Code of Practice sets the exposure limits and explains how to measure exposure and show compliance.

Approach: I read the Act and the in-force Irish Chemical Agents and CMR Regulations, including the 2026 amendment (S.I. 127/2026). I also read the HSA's 2026 Code of Practice and its REACH guidance on safety data sheets and downstream users.

1. The general duty (Act 2005)

  • Every employer "shall identify the hazards… assess the risks… and be in possession of a written assessment". It must cover any employee or group exposed to unusual risks. You must review it after a significant change or if there is reason to think it is no longer valid, and put the improvements in place [1].
  • Your written safety statement must be based on that assessment and set out the hazards, the risks, the controls, emergency plans and who is responsible. It must be brought to employees' attention at least once a year [2].

2. Running the chemical assessment (Chemical Agents Regulations, Reg. 4)

  1. Find out which hazardous chemical agents are present. Then assess the risk, taking account of [3]:
    • (a) their hazardous properties;
    • (b) supplier information, which since S.I. 127/2026 expressly "shall include the relevant safety data sheet" under REACH, plus other readily available sources [4];
    • (c) the level, type and duration of exposure;
    • (d) the work circumstances and the quantities stored and used;
    • (e) occupational exposure limit values (OELVs) or biological limit values (BLVs) in the approved Code of Practice;
    • (f) the effect of the controls you already have;
    • (g) any health surveillance findings;
    • (h) maintenance and accidental releases.
  2. Assess combined exposures together. Where several agents are involved, "the risk shall be assessed on the basis of the risk presented by all such chemical agents in combination" (Reg. 4(2)).
  3. Record it in writing (Reg. 4(3)). If you decide a more detailed assessment is unnecessary, you may record your justification (Reg. 4(4)). The assessment must identify the measures taken or planned (Reg. 4(6)).
  4. Review it regularly. You must review it immediately if it may no longer be valid, the work changes significantly, health surveillance shows it is needed, or monitoring shows an OELV has been exceeded (Reg. 4(5)).
  5. New activities: work shall not start until the assessment is done and its preventive measures are in place (Reg. 4(7)).

3. Controls that follow from the assessment

  • General measures (Reg. 5(1)): safe systems of work, suitable equipment, the fewest workers exposed, minimum duration, intensity and quantity, hygiene measures, and safe handling and storage. Regulations 6, 8 and 10 need not apply if the quantities present give only a minimal risk (Reg. 5(2)) [5].
  • Order of controls (Reg. 6(1)(a)): first substitute with a non-hazardous or less hazardous agent, then process design and engineering controls, then extraction at source. PPE is used only "where exposure cannot be prevented by other means" [5].
  • Monitoring (Reg. 6(1)(c)-(g)):
    • measure regularly, and whenever conditions change, using an internationally validated procedure;
    • OELVs shall not be exceeded, and any exceedance must be remedied immediately;
    • keep exposure records.
  • Fire and explosion (Reg. 6(2)): design for safe storage and segregation of incompatible chemicals, control flammable concentrations and ignition sources, and use equipment compliant with the explosive-atmosphere rules [6].
  • Information and consultation (Reg. 9): give employees the data behind the assessment, information on each agent and its OELVs, training, and access to the SDS. Label containers and pipes [7].
  • Health surveillance (Reg. 10):
    • It must be made available where the assessment shows a risk [7].
    • Since 2026 it "shall be mandatory" where the Code of Practice lists a BLV for the agent [4].
    • If surveillance finds a work-related disease or an exceeded BLV, you must review both the assessment and the controls [8].

4. Using the 2026 HSA Code of Practice

  • Where the limits are: S.I. 127/2026 removed the limit-value schedules from the Regulations [4]. OELVs are now set in the Code: Schedule 1 holds EU-derived OELVs and Schedule 2 advisory OELVs. Schedule 5 covers health surveillance and binding BLVs [9].
  • Other regulations to consider: the Code also points to the Confined Spaces Regulations, interactions between noise and ototoxic substances, and interactions between artificial optical radiation and photosensitising chemicals [10].
  • Meeting an OELV does not prove control. The assessment "must take other route of exposure into account", such as skin contact, ingestion or injection. Biological monitoring may be the most appropriate method [11].
  • Measuring exposure:
    • Only personal breathing-zone samples can be compared with an OELV; area or background samples cannot.
    • The Code explains how to convert between ppm and mg/m³ [12].
  • Mixtures: treat effects as additive unless you know otherwise. If the sum of C/OELV for each substance exceeds 1.0, the mixture's limit is exceeded. Where effects are genuinely independent, the limit is exceeded only when one substance on its own goes above 1 [13][14].
  • Shift averages, sampling strategy and short-term limits:
    • Use the 8-hour TWA calculation.
    • Use EN 689 as the sampling strategy; "a conclusion of compliance cannot be based on 1 sample".
    • Exposures up to the short-term limit (STEL) must each last under 15 minutes, occur no more than 4 times a day, and be at least 1 hour apart [14].
  • If a limit is exceeded, review the assessment immediately, investigate the cause, and share the collective results with workers [15].

5. Additional duties for carcinogens, mutagens and reprotoxic substances (S.I. 122/2024)

  • Assessment:
    • You must "engage a competent person" to do the assessment.
    • It must cover skin absorption and workers at particular risk, and be renewed whenever conditions change.
    • Where it shows a risk, "the employer shall prevent exposure" [16].
  • Order of measures:
    • replace the substance where technically possible;
    • otherwise use a closed system;
    • otherwise reduce exposure to as low as technically possible (carcinogens, mutagens and non-threshold reprotoxics), or reduce the risk to a minimum (other reprotoxics);
    • in every case apply the measures listed in Reg. 4(8) [16][17].
  • Records and surveillance: keep a list of exposed employees, and provide health surveillance before exposure and at regular intervals [18].

6. Linking in REACH supply-chain information

  • The SDS (section 8 should show the Irish national OELV) is your main source of information [19].
  • If you receive an extended SDS, check that its exposure scenarios cover your use and conditions. Those conditions "must be implemented within twelve months". If your use is not covered, you must take one of the routes the HSA lists, which can include a downstream user report to ECHA within six months [20].

If you tell me which substances or processes are involved, I can pull their Irish OELVs, notations and any BLVs from the 2026 Code.

Q.02

How should I use safety data sheets in the assessment?

Use the safety data sheet (SDS) as your main source of hazard and control information, but not as the whole assessment. Regulation 4(b) of the Chemical Agents Regulations, as amended in 2026, says the information the supplier provides "shall include the relevant safety data sheet" under REACH. You also use "any additional information as may reasonably be required to complete the assessment or from other readily available sources" [4]. In practice, you check the SDS against your actual use, against the Irish limits in the 2026 HSA Code, and against the exposure scenarios if you have an extended SDS.

Approach: I read the Chemical Agents Regulations (S.I. 619/2001 as amended in 2015 and 2026), the 2026 HSA Code of Practice, and the HSA's REACH and CLP guidance pages on SDSs, downstream users and supply-chain information.

1. Collect and check the SDS

  • Get one for every hazardous product. The SDS is "the primary means of communicating information on the hazards of chemicals, the risks they pose… and on measures to control those risks". Suppliers must provide one to professional users. A non-classified mixture that contains certain hazardous substances should come with an SDS if you ask for one [19].
  • Check that it is valid. It must:
    • follow REACH Annex II, with the 16 headings of Article 31(6), and be in the language of the Member State where the product is sold;
    • be prepared by a competent person;
    • give the EU supplier's contact details in section 1.3. Section 1.4 may give the NPIC emergency number or another emergency service [19].
  • Candidate List substances: a supplier of a Candidate List substance must provide an SDS. For a non-classified mixture containing at least 0.1% of one, the supplier must provide an SDS on request [21].

2. Feed the SDS into each part of the Regulation 4 assessment

  • Hazardous properties (Reg. 4(a)): take the hazards from the SDS and the label. CLP requires them to be identified there "along with advice on protective measures" [22].
  • Limit values (Reg. 4(e)):
    • Section 8 of the SDS should include any Irish national OELV [19].
    • The binding reference is still the 2026 Code, which now sets the OELVs [4]. Check section 8 against the Code rather than relying on it.
    • The Code says "there is no direct link" between CLP hazard categories and OELVs. Chemicals classified as CMR or sensitisers are simply more likely to have one [22].
  • DNELs:
    • The manufacturer's or importer's chemical safety assessment produces Derived No Effect Levels (DNELs). These appear in the extended SDS and can differ by exposure scenario, route and duration [23].
    • They are useful where the Code sets no OELV, or for skin exposure. Your legal compliance test remains the Code's OELV.
  • Your own conditions (Reg. 4(c), (d), (f)):
    • The SDS describes the product, not your workplace.
    • You still assess the level, type and duration of exposure, the quantities you use, your existing controls and combined exposures yourself [3].

3. If you receive an extended SDS (with exposure scenarios)

  • What the exposure scenarios are. They are annexed when a chemical safety assessment has been done under REACH, and they describe how exposure can be controlled during use [19].
  • Check your use is covered. You "must check whether the exposure scenarios cover their uses" and whether the conditions of use match yours.
  • Implement the conditions. The conditions of use "must be implemented within twelve months of receipt of the eSDS" [20]. Downstream users must apply the operational conditions and risk management measures in the SDS [24].
  • If your use or conditions differ, you must do one of the following:
    • ask your supplier to include your use;
    • change your conditions to match the exposure scenario;
    • find another supplier who covers your use;
    • carry out your own downstream user chemical safety assessment.
  • Deadlines for your own assessment:
    • A downstream user chemical safety report is due within 12 months.
    • A downstream user report to ECHA is due within 6 months where you prepare your own report or classify the substance differently from your supplier [20].

4. Report problems back up the supply chain

If the risk management measures recommended on the SDS are inappropriate for your work, or you have new information on hazards, you need to tell your supplier "without delay" [25].

5. Give workers access to the SDS

Under Regulation 9, the information you give employees must include "access to any safety data sheet provided by the supplier in accordance with Article 31" of REACH [26]. Where chemicals are supplied unpackaged to professional users, the SDS usually carries the labelling information [27].

If you send me the CAS numbers from section 3 of your SDSs, I can compare their section 8 values with the OELVs in the 2026 Code.

Q.03