The REACH Regulations - Do they apply to your business? 
The key term here is DU standing for 'downstream user'. These represent the vast majority of our clients and could range from a builder using paints, glues, mastics and render to a workshop with oils, varnishes and various other items which the buy in from a supplier and then use as the supplier would intend them to be used (i.e. they don't mix with other substances unknown to the supplier to create higher performance for special uses).
The only possible concern a DU would have is that a product which they rely on is no longer available form a manufacturer as a result of REACH - this is unlikely but possible.
However, this raises the question of who would be affected by REACH and need to register under the regulations and this is tackled below;
Example of REACH being applicable to a business (Pre registration)
An example given on the HSE REACH Website at; http://www.hse.gov.uk/reach refers to a small company which produces plastic piping from raw materials. The MD is concerned about the potential effect of REACH and so, with the help of their chemist, makes a list of every chemical they use in the process. They are relived to discover that almost everything they use is either made within the EU or bought through an EU based supplier - this would make them simply a DU (downstream user). However, further search finds a chemical which they add which is sourced directly from the US - REACH won't affect them as they are based outside of the EU so the pipe producer is considered the importer.
A quick call to the UK REACH Competent Authority helpdesk (0845 408 9575) for some advice reveals that they have three options as they use over 1 tonne of the substance;
- Source the same product from an importer within the EU and be classified as a DU
- Source a similar alternative within the EU
- Continue to import directly from the US
After some consideration the company chooses the third option for the following reasons;
- They know the product and they trust it
- As they only buy 2 tonnes per year they are told by the REACH help desk (0845 408 9575) that if they Pre Register the product before 28th November 2008 they have until 2018 to complete full registration
- Even when 2018 comes around they can share any information with other companies which have pre registered the substance.
So... I should be OK then?
We think that our clients should see little impact but you should run through an inventory of substances which you use to make sure that you source from within the EU. If you have a few substances which you just couldn't live without then it’s a good idea to make sure your supplier has pre registered the substances and can assure you of continued supply.
Finally, even if you do import significant quantities of chemicals from outside of the EU it is certainly in the interests of the suppliers to ensure that they continue to benefit from your custom.
Next steps
If you still have some specific questions relating to the substances used and your business please call us on 01453 800100 and speak to one of our specialist consultants about your health and safety needs.
