The Control of Substances Hazardous to Health Regulations 2002 lay down requirements for the:
- health risk assessment of all work activities which involve hazardous substances
- routine monitoring of the work environment
- health surveillance for specified employees by suitably qualified medical staff, together with the keeping of health records spanning up to 40 years
- testing of equipment such as local exhaust ventilation or respiratory protection, (regulation 9)
- instruction, training and information to employees with regard to hazardous substances
The regulations also incorporate a list of maximum airborne concentrations for various substances in the workplace.
It should be noted that COSHH does not place any new general duties on employers or employees, it simply sets out the principles which will allow the existing duties to be complied with. In any event, the requirements of the regulations represent what is already considered by industry to be good practice and are currently followed by many reputable organisations.
With some exceptions such as lead and notably asbestos the regulations apply to:
- substances which are very toxic, toxic, harmful, corrosive or irritant as classified under the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994
- substances for which a maximum exposure limit is specified in schedule 1 or for which the HSC has approved an occupational exposure standard
- micro organisms hazardous to health
- substantial concentrations of airborne dust
- any substances which create comparable health hazards.
It is estimated that some 40,000 substances will fall within the scope of the COSHH Regulations.
Central to the requirements of the regulations is the carrying out of an assessment of any process which may involve exposure to substances hazardous to health. The assessment is the key to all the other regulations and is intended to identify the nature and degree of risk and hence to enable those responsible to determine the precautions needed to comply with the other regulations.
Compliance with COSHH is achieved through the selection, use and maintenance of suitable controls. These controls may be process controls, such as the use of local exhaust ventilation (LEV) or, if these are not reasonably practical, the use of personal protective equipment (PPE).
Compliance with the requirements for control is assessed by a number of criteria including the maximum exposure limits and occupational exposure standards which are published by the Health and Safety Executive (HSE) every year in the form of Guidance Note EH/40 (available from HMSO).
The regulations also provide for health surveillance with the objective of protecting personnel by the early detection of any ill effects which they may suffer and monitoring the effectiveness of control measures.
The COSHH Regulations are made in the form of a statutory instrument (SI) under the Health and Safety at Work Act 1974. This means that the enforcement procedures and penalties for non-compliance with the regulations are the same as for the 1974 Act.
For most manufacturing companies the enforcing authority is the local Inspectorate of the HSE. The inspectors have responsibility for areas which include factories, offices attached to factories, hospitals and schools.
For other premises such as catering establishments, offices and shops, COSHH would be enforced by the local environmental health department which is part of the district or borough council.
Factory inspectors and environmental health inspectors have broad enforcement powers. Prosecution is seen as a last resort but if a prosecution is successful, fines and imprisonment are possible. A more likely form of action is to issue an improvement notice requiring certain actions to be carried out by a specific date or, in more serious cases, a prohibition notice requiring a process or area to be shut down until work has been completed.
For further information on The Regulations, see:
Control of Substances Hazardous to Health Regulations 2002, The General COSHH
Approved Codes of Practice (HSE Publications)
If you require a copy please contact HSE Books on 01787 881165 as this can be obtained at a price of £10.50.