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The Control of Substances Hazardous to Health Regulations 2002

 

COSHH covers most hazardous substances hazardous to health found in workplaces of all types. Substances covered by COSHH include:

• Substances used directly in work activities (eg. Solvents, paints, adhesives, cleaners)
• Substances generated during processes or work activities i.e. dust from sanding
• Naturally occurring substances i.e. grain dust

COSHH does not include:

• Asbestos and lead, which have specific regulations
• Substances which are hazardous only because they are:
• Radioactive
• Simple asphyxiates
• At high pressure
• At extreme temperatures
• Have explosions or flammable properties biological agents if they are not corrected directly with work and are not in the employers control, such as catching flu from a workmate

Definition of a Hazardous Substance

• Substances or mixtures of substances classified as dangerous to under the Chemicals (Hazard, Information and Packaging for Supply) Regs 1994 (CHIP) they have COSHH warning labels and manufacturers must supply data sheets. They cover substances that are: very toxic, toxic, harmful, corrosive or irritant under CHIP.
• Substances with occupational exposure limits as listed in EH40 published by the HSE
• Biological agents if they are directly connected with work
• Any kind of dust in concentration specified in the regulations, i.e. 4mg/m3, as a time weighted average over an 8 hour period, of respirable dust
• An other substance which has comparable hazards to peoples helath but for technical reasons are not covered under CHIP

Employers Duties under COSHH

Duties placed on employers under these regulations are extended to (except for health surveillance, monitoring and information and training) persons who may be on the premises but not employed whether they are at work or not i.e. visitors

General Requirements

In order to comply with COSHH there are seven steps that should be taken:

1. assess the risk to health

2. decide what precautions are needed

3. prevent or adequately control exposure

4. ensure that control measures are used and maintained

5. monitor the exposure of employees to hazardous substances

6. carry out appropriate health surveillance where necessary

7. ensure employees are properly informed, trained and supervised

Assessment of Health risk (Step 1 & 2)

No work should be carried out where employees are liable to be exposed to substances hazardous to health unless:

• A suitable and sufficient risk assessment, including the steps needed to meet COSHH has been made

The assessment must be reviewed and charges made regulary and immediately, if:

• It is suspected that it is no longer valid
• There has been a significant change in the work in which it related

Your assessment should include identifying the substance in the workplace, assessing the risk it presents in a way it is used; and deciding what precautions (health surveillance) are needed. Where more than 4 people are employed the significant findings must be recorded.

Prevention or Control of Exposure (Step 3)

All employers must ensure that exposure to substances hazardous to health is either:

• Prevented or, where this is not reasonably practicable
• Adequately controlled

Preference must be given to the substitution of a safer substance, where this is not reasonably practicable protection measures must be adopted in the following orer of priority:

• The design and use of appropriate work processes, systems and engineering controls and the provision and use of suitable work equipment
• The control of exposure at source, including adequate ventilation systems and appropriate organizational measures, and
• Where adequate control of exposure cannot be achieved by other means, the additional provision of suitable personal protective equipment

PPE MUST conform to the Personal Protective Equipment (EC Directive) Regs 2002

Use, maintenance, examination and test of control measures (Step 4)

• All employers must take all reasonable steps to ensure that control measures, PPE or anything else provided under COSHH are properly used and applied
• Employees must ensure they make full and proper use of control measures, PPE or any else provided
• Employees must make full and proper use of control measures, PPE or anything else provided. Employees must as far as is reasonably practicable ensure all items are stored correctly and report any damages immediately

Employers must also:

• Properly maintain control and, in the case of PPE, keep them clean and stored properly
• Carry out through examination and tests on engineering controls
• In the case of Local Exhaust Ventilation (LEV) at least every 14 months (excluding exceptions stated in Schedule 4)
• In any other case, at suitable intervals
• Carry out through examination and tests where appropriate (except on disposable items) on respiratory protective equipment at suitable intervals
• Keep a record of examination and tests for at least 5 years

Monitoring Exposure (Step 5)

Employers must monitor exposure:

• Where this is necessary to ensure maintenance of control measures or the protection of health
• Specifically for vinyl chloride monomer or chromium plating as required by schedule 5 and
• Keep a record of identifiable personal exposures for 40 years and any other exposures for 5 years
• Allow employee access to their own records

Health Surveillance (Step 6)

Employers should ensure that all employees that are exposed or could be potentially be exposed are under health surveillance, where are wpropriate, this could be:

• Employee is exposed (if significant) to substances or processes in schedule 6
• An identifiable disease or adverse health effect may be related to the exposure and there is a reasonable likelihood that disease may occur and there are valid disease indication or effect detection methods

Remember it is important that all health surveillance records are kept for 40 years or submitted to the HSE should trading ceased.

If a medical advisor certifies that should s person not be engaged in particular work they MUST not be permitted to carry that work unless specified conditions are laid out.

Employees must present themselves within working hours and at the employers expense.

An employment medical advisor or appointed doctor has the power to inspect the workplace or look at records for the purpose of carrying out functions under COSHH

Information, instruction, training and emergencies (Step 7)

Where employees are likely to be exposed to substances hazardous to health employers must provide:

• Information, instruction and training on the risks to health and the precautions which should be taken (this duty is extended to anyone who may be affected)
• Information on any monitoring of exposure (particularly if there is a maximum limit where the employees or their representatives must be informed immediately)
• Information on collective results of health surveillance (designed so that individuals cannot be identified)
• Procedures for accidents and emergencies

Defence

It is a defense under these regulations for a person to show that they have taken all reasonable precautions and exercised allude diligence to avoid the commission of an offence