UK REACH for downstream users

If your business uses chemical substances in industrial or professional activities but does not manufacture or import them, you are a downstream user under UK REACH. This includes formulators, re-fillers, article producers, and end users of chemicals.

Downstream users do not need to register substances under UK REACH, but you have specific legal obligations to ensure safe use and maintain the flow of information through the supply chain. These obligations apply regardless of the size of your business or the quantities you handle.

Who is a downstream user

You are a downstream user if you:

• Use chemicals in your manufacturing processes (e.g. as solvents, catalysts, or raw materials)
• Formulate mixtures from registered substances (e.g. paints, adhesives, cleaning products)
• Produce articles that incorporate chemical substances
• Use chemical substances in professional activities (e.g. maintenance, cleaning, laboratory work)

You are not a downstream user if you are a distributor (storing and placing on the market without further processing) or a consumer. Different obligations apply to these roles.

Your core obligations

UK REACH places several duties on downstream users. The key obligations are summarised in the snippet below and explained in detail in this guide.

Safety Data Sheet compliance

When your supplier provides a Safety Data Sheet (SDS), you must:

• Read and understand the SDS for every substance and mixture you receive. Pay particular attention to Sections 7 (handling and storage), 8 (exposure controls and personal protection), and 11 (toxicological information).
• Implement the risk management measures described in the SDS. This includes engineering controls, ventilation requirements, and personal protective equipment (PPE) specified in Section 8.
• Check that your use is covered by the identified uses in Section 1.2 of the SDS. If your specific use is not listed, you must take action (see below).
• Inform your workers about the hazards and safe handling procedures described in the SDS. This is also a requirement under COSHH (Control of Substances Hazardous to Health) regulations.

When your use is not covered

If your use of a substance is not included in the exposure scenarios annexed to the extended SDS, you have three options:

1. Contact your supplier and request that your use be included in their registration. This is often the simplest approach.
2. Change your process to align with one of the uses already covered in the exposure scenarios.
3. Prepare your own downstream user Chemical Safety Report (CSR) and notify HSE within 6 months of receiving the SDS. This requires you to demonstrate that your use is safe based on your own exposure assessment.

SVHC communication duties

If your products contain Substances of Very High Concern (SVHCs) from the UK REACH Candidate List, you have specific communication obligations.

Duties when supplying articles

If you produce or supply articles containing a Candidate List SVHC above 0.1% weight by weight (w/w), you must:

• Inform your business customers about the presence of the SVHC and provide sufficient information for safe use. As a minimum, you must provide the name of the substance. This information must be provided automatically, without being asked.
• Respond to consumer requests for information about SVHCs in your articles. You must respond free of charge within 45 days of receiving the request.
• Notify HSE if your articles contain a Candidate List substance above 0.1% (w/w) and you produce or import more than 1 tonne of that substance per year in total across all articles.

Substance evaluation and cooperation with HSE

HSE may evaluate specific substances to determine whether they pose risks that require further regulatory action. During a substance evaluation, HSE can request information from any business in the supply chain, including downstream users.

If HSE contacts you during a substance evaluation, you must:

• Provide the requested information within the deadline specified by HSE
• Cooperate with any follow-up requests for clarification or additional data
• Inform HSE of any new information about the substance that could affect the evaluation (e.g. new hazard data, changes in use patterns)

Record keeping obligations

UK REACH requires you to keep records of your compliance activities for at least 10 years after you last manufactured, imported, supplied, or used the substance. Records you should maintain include:

• Safety Data Sheets received from suppliers (including all versions and updates)
• Records of how you have implemented exposure scenarios and risk management measures
• Any downstream user Chemical Safety Reports you have prepared
• Correspondence with suppliers about uses, exposure scenarios, or substance hazards
• Notifications submitted to HSE (downstream user CSR notifications, authorisation notifications, SVHC article notifications)
• Records of information communicated up or down the supply chain about new hazards or inadequate risk management measures