Following the UK’s exit from the EU, and the end of the Transition Period (TP), the UK is no longer involved in the EU limit-setting regime.

The EU’s revised binding occupational exposure limit for Formaldehyde had an implementation date of 11 July 2021, with an extended transition period to 11 July 2024 for the healthcare, funeral, and embalming sector in the UK.

As the date of implementation falls after the end of the Transition Period, there is no legal obligation for the UK to align with the revised EU limits, and this includes the revised limit for Formaldehyde. The current Great Britain (GB) Workplace Exposure Limit for Formaldehyde remains 2ppm, which is the previously agreed limit. However, the Health and Safety Executive is currently considering a long-term delivery model for setting workplace exposure limits in GB ensuring any limits introduced will be achievable, feasible and protective of health.

The Health and Safety Executive for Northern Ireland (HSENI) is responsible for developing a system for Northern Ireland.

There is a robust and well-established regulatory framework in place in GB to protect workers from health risks associated with exposure to hazardous substances in the workplace through the Control of Substances Hazardous to Health Regulations 2002 (COSHH). Under COSHH, exposure to carcinogens, (as well as mutagens and asthmagens) should be reduced to as low as is reasonably practicable.

The EU has recently reviewed the occupational exposure limit value for formaldehyde, and in the Phase 3 amendment to the Carcinogens and Mutagens Directive 2004/37/EC, introduced a new binding occupational exposure limit value (BOELV) of 0.3ppm, which came into force on 11 July 2019. The current GB work place exposure limit (WEL) is 2ppm.

Member States have two years to transpose the new BOELV (i.e. by 11 July 2021). Because of differences in cultural practices; cost of embalming and greater capacity in the facilities available; and the limited use of embalming in other Members States, the UK negotiated an additional 3-year transitional period (until July 2024) for the funeral and embalming sector, during which time an interim BOELV of 0.5ppm will apply. This is to allow the UK funeral and embalming sector to comply with the Directive without incurring disproportionate costs.

The Health and Safety Executive is currently working to implement the revised exposure limits for formaldehyde.

The EU has recently reviewed the occupational exposure limit value for formaldehyde, and in the Phase 3 amendment to the Carcinogens and Mutagens Directive 2004/37/EC, introduced a new binding occupational exposure limit value (BOELV) of 0.3ppm, which came into force on 11 July 2019. The current GB work place exposure limit (WEL) is 2ppm.

Member States have two years to transpose the new BOELV (i.e. by 11 July 2021). Because of differences in cultural practices; cost of embalming and greater capacity in the facilities available; and the limited use of embalming in other Members States, the UK negotiated an additional 3-year transitional period (until July 2024) for the funeral and embalming sector, during which time an interim BOELV of 0.5ppm will apply. This is to allow the UK funeral and embalming sector to comply with the Directive without incurring disproportionate costs.

The Health and Safety Executive is currently working to implement the revised exposure limits for formaldehyde.

Under the Construction Products Regulation, MDF manufactured in Europe must be labelled to European standards ‘E1’ or ‘E2’. 95% of EU companies comply voluntarily with the ‘E1’ standard, meeting World Health Organisation (WHO) guidelines.

Proposals for a restriction to control formaldehyde releases from articles (which would include wood-based panels) are being considered under the EU Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regime. The European Chemicals Agency is expected to produce its opinion on the proposal around 20 March 2020, though the subsequent adoption of a legislative decision will be dependent on the outcome of further discussions.

In a no deal exit from the EU, all existing EU restrictions will continue in the UK. A UK REACH system would retain the process for restricting a chemical.

Under the Construction Products Regulation, MDF manufactured in Europe must be labelled to European standards ‘E1’ or ‘E2’. 95% of EU companies comply voluntarily with the ‘E1’ standard, meeting World Health Organisation (WHO) guidelines.

Proposals for a restriction to control formaldehyde releases from articles (which would include wood-based panels) are being considered under the EU Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regime. The European Chemicals Agency is expected to produce its opinion on the proposal around 20 March 2020, though the subsequent adoption of a legislative decision will be dependent on the outcome of further discussions.

In a no deal exit from the EU, all existing EU restrictions will continue in the UK. A UK REACH system would retain the process for restricting a chemical.