COSHH : the new brief guide for employers. Guidance on the main requirements of the Control of Substances Hazardous to Health (COSHH) Regulations 1994

New consolidated COSHH Regulations came into force on 25 March 1999 and replaced the 1994 Regulations. 

SUMMARY OF CHANGES
Besides changes to some regulations and parts of the ACOP, the most substantial changes are to Schedule 1 where there are both deletions and additions as well as revisions to the list of maximum exposure limits (MELs). Two MELs have been withdrawn. Eighteen new MELs have been added and fifteen have been revised.
The revisions represent minor adjustments arising either from the adoption of a standard reference temperature and pressure for the conversion of parts per million (ppm) to milligrams per cubic metre (mg m-3) or to align with the ISO/CEN Respirable Dust Convention which specifies a different procedure for the measurement of respirable dust. It is only the figures which have changed to accord with the different method of measurement; the effective limit itself has not changed

See the HSE Website for more details

WHAT IS COSHH?COSHH provides a legal framework to protect people against health risks from hazardous substances used at work. This revised leaflet is aimed at employers. It outlines a step-by-step approach to the Control of Substances Hazardous to Health (COSHH) Regulations 1994 - identifying hazards, weighing up risks arising from them and deciding what further action you need to take if the risks are significant.

All employers have to consider how COSHH applies to their work. Many will be able to comply with the Regulations with little effort; others, whose work creates greater risks, will have more to do. This leaflet helps you to decide what your next steps should be. (The COSHH Regulations and main codes or practice are available together in one publication - see the information section at the end of this leaflet). At the back of the leaflet there is a section on how you can get further information.

WHY CONTROL HAZARDOUS SUBSTANCES?

Thousands of people are exposed to hazardous substances at work. If the exposure is not prevented or properly controlled, it can cause serious illness, sometimes even death. It can also result in lost earnings, reduced productivity, expensive prosecutions, firms being sued and the nation having to pay for sickness benefit. Some examples of the effects of hazardous substances include:

• skin irritation, dermatitis or even skin cancer from frequent contact with oils;
• asthma resulting from sensitisation to isocyanates in paints or adhesives;
• being overcome by toxic fumes - injuries or death can be caused by the substances themselves or by falling after losing consciousness;
• poisoning by drinking toxic liquids from bottles thought to contain water or soft drinks - sometimes with fatal results;
• cancer, which can appear many years after first exposure to carcinogenic (cancer-causing) substances at work;
• infection from bacteria and other micro-organisms ('biological agents').

WHAT DOES COSHH COVER?

COSHH covers substances which can cause ill-health. They can:

• be used directly in work, eg paints or cleaning materials; or
• arise from the work, eg dusts, fumes and waste products; or
• occur naturally, eg fungal spores in agriculture.

Hazardous substances can be found in all sorts of work environments - factories, offices, quarries, mines, farms, offshore installations, pipelines, shops, swimming pools, etc - and unless the right precautions are taken, they can threaten the health of workers and others exposed to them.

COSHH lays down a step-by-step approach to those precautions. It sets out essential measures that you - and sometimes your employees - have to take. COSHH is also a useful tool of good management, which can bring many benefits including saving you money, helping employees reach a better understanding of health and safety, and improving morale and industrial relations. But remember that, as with all health and safety law, failure to comply with COSHH can leave you open to prosecution.

WHAT IS A SUBSTANCE HAZARDOUS TO HEALTH?

For the purposes of COSHH, substances hazardous to health are:

• substances or mixtures of substances classified as dangerous to health under the current CHIP Regulations. (The current version of the Chemicals (Hazard Information and Packing for Supply) Regulations). These can be identified by their warning label (see the three warning labels at the top of page 4) and the supplier must provide a safety data sheet for them. Many, though not all, dangerous substances are listed in HSE's publication The Approved Supply List (current edition and part of the CHIP Regulations. This publication also includes other important inidcators, eg the risk phrases which help to identify substances that can cause cancer).

Suppliers must decide if substances that are not in the Approved Supply List are also dangerous, and, if so, to label them accordingly;

Very toxic or toxic Harmful or irritant Corrosive

• substances with occupational exposure limits. These are listed in EH40 - Occupational exposure limits; - HSE's guidance booklet EH40 is the official list of occupational exposure limits and is revised annually.
• biological agents (bacteria and other micro-organisms), if they are directly connected with the work or if exposure is incidental to it, such as farming, sewage treatment or healthcare;
• any kind of dust in a substantial concentration;
• any other substance which has comparable hazards to people's health, but which for technical reasons may not be specifically covered by CHIP. Examples are some pesticides, medicines, cosmetics or intermediates produced in chemical processes.

WHAT IS NOT A SUBSTANCE HAZARDOUS TO HEALTH?

COSHH applies to virtually all substances hazardous to health except:

• asbestos and lead, which have their own regulations;
• substances which are hazardous only because they are: radioactive; asphyxiants; at high pressure; at extreme temperatures; or have explosive or flammable properties;
• biological agents if they are not directly connected with the work and they are outside the employer's control, such as catching a cold from a work-mate.

For the vast majority of proprietary chemicals the presence (or not) of a warning label will indicate whether COSHH is relevant. For example, there isn't a warning label on ordinary household washing up liquid, so if it's used at work you do not have to worry about COSHH. However, there is a warning label on bleach, so COSHH does apply to it in the workplace.

HAZARD AND RISK

The words hazard and risk are used a lot in this leaflet. They have special meanings in regulations and guidance about substances at work and the difference between them is important for a correct understanding of COSHH.

Hazard

The hazard presented by a substance is its potential to cause harm. It could make your skin sore or damage your lungs.

Risk

The risk from a substance is the likelihood that it will harm people in the actual circumstances of use. This will depend on many factors, including:

• the hazard presented by the substance;
• how it is used (or misused);
• how exposure to it is controlled;
• how much of the substance you are exposed to and for how long;
• the work being done.

WHAT COSHH REQUIRES

Complying with COSHH involves:

• assessing the risks to health arising from your work;
• deciding what precautions are needed. You must not carry out any work which could expose employees to hazardous substances without first considering the risks and the necessary precautions. Unless you have judged the risks correctly, you are unlikely to decide on the right precautions;
• preventing or controlling exposure. The advice in this leaflet, and in the other guidance it refers to, will help you get the assessment and precautions right, but remember that even perfect plans achieve nothing unless they are put into practice;
• ensuring that control measures are used and maintained properly, and that any safety procedures which have been laid down are followed;
• monitoring exposure of workers to hazardous substances and carrying out appropriate health surveillance, where the assessment has shown these are necessary or where COSHH lays down specific requirements;
• ensuring that employees are properly informed, trained and supervised.

ASSESSING THE RISKS AND DECIDING WHAT PRECAUTIONS ARE NEEDED

Assessment is the basic legal requirement for all employers.

• First look at the work to see which hazardous substances are present. If you have bought in the substance, you should read the safety data sheet. But also think about other substances which might be produced by the work, such as welding rods which produce welding fumes.
• Then think about the risks they present to people's health.
• Where there are significant risks, decide on the action needed to remove or reduce them to acceptable levels, bearing in mind the costs.
• If the risks are trivial, you need do nothing.

Only by such a systematic approach can you be sure of protecting the health of people who could be harmed by your work activities. Piecemeal efforts are likely to waste money and effort without achieving the right results. (HSE's guidance booklet on COSHH assessments gives the recommended step-by-step approach in full detail)

Who should do the assessment?

The responsibility for the assessment rests with you, the employer, but others can do some or even most of the work of preparing it on your behalf. Except in very simple cases, whoever carries out the assessment will need to:

• have access to and understand the requirements of the COSHH Regulations and appropriate Approved Codes of Practice;
• have the ability and authority to get all the necessary information and the knowledge and skill to make correct decisions about the risks and the precautions needed.

Remember that you and your employees have the most knowledge of what really happens in your workplace. Make full use of all that knowledge before deciding whether outside help is necessary. If you feel that you lack the expertise to assess some of the more complex risks, you may need to get help from someone such as a professional consultant or a trade association.

It's a good idea to make sure that relevant employees and any safety representatives are involved in assessments, because they often have useful information that managers don't have. They must also be informed of the results.

If you employ people who work for you on other premises - peripatetic workers - you must assess the risks they may face wherever they work, and ensure the necessary protection for them. To do this you will probably need to co-operate with others, such as occupiers of premises where peripatetic workers go. You must also consider risks to people, other than your employees, who might be on your premises. (HSE's guidance booklet COSHH and peripatetic workers advises on applying COSHH to employees who work on other premises.)

How can hazardous substances be identified?

• For substances bought into the workplace, check the safety information; your suppliers are required by law to include this on labels and in safety data sheets.
• Use your existing knowledge of the work done in your workplace, of current best practice, and of any work-related health problems in your industry.
• Ask your trade association and other employers in the same business for their experience and advice.
• Check whether the substance is mentioned in the COSHH Regulations, or in other HSE guidance such as EH40 mentioned on page 4, or the approved list of biological agents (Categorisation of biological agents - Approved List).
• Check in Part V of HSE's publication The Approved Supply List (current edition), already mentioned.
• Check any other available trade literature or documentation.

Which hazardous substances are present?

Remember, when doing an assessment, you should check that it includes hazardous substances which are:

• brought into the workplace to be used, worked on or stored;
• given off as fumes, vapours or aerosols, or might leak or be spilled, during any process or work activity;
• produced at the end of any work or process, as finished products, waste or residues.

Are there significant risks from the hazardous substances?

Could any substances in your workplace present a real risk to people's health - now, in the future, or if something went wrong? Look at the following:

• how much is used - for example, small quantities of toxic substances (when used in normal circumstances) may not present a significant risk, such as solvent-based marker pens;
• could workers be exposed above the relevant occupational exposure limit listed in EH 40 (mentioned on page 4);
• how often is the substance used?
• how hazardous (toxic, corrosive or irritant) is it?

To help you assess the risks, consider:

• manufacturers' advice on storage, use and disposal;
• who might be affected (eg employees, contractors, public) and what they are doing. Are they likely to be exposed to any hazardous substances present, and to what extent?
• whether such exposure would involve substances being breathed in, swallowed (eg following contamination of fingers, etc) or absorbed through the skin;
• what measures are currently taken to prevent or control exposure and check on the effectiveness and use of those measures;
• whether leakage, spillage or release could occur, eg through breakdown of the plant or controls, or through operator error;
• good practice in your industry.

Don't forget activities such as cleaning and maintenance - high exposures can often happen in non-production work.

If you have employees who work away from your own premises, you must also ask similar questions about the risks at other workplaces (see HSE's guidance COSHH and peripatetic workers mentioned on page 7).

Reach conclusions about the real risks to people's health from the information you have gathered and your knowledge of the potential of the substance for causing harm.

What further action should you take?

If you decide that there is no risk to health or any risk is insignificant, the assessment is complete and no more action is needed (until you review the assessment). However, if you decide that there are risks to health, you then have to consider what else you need to do to comply fully with the Regulations.

PREVENTING EXPOSURE

If it is reasonably practicable, you must prevent exposure by:

• changing the process or activity so that the hazardous substance is not required or generated; or
• replacing it with a safer alternative (HSE's guidance booklet 7 steps to su to successful substitution of hazardous substances advises on how to go about replacing hazardous substances with safer alternatives); or
• using it in a safer form, eg pellets instead of powder.

   

CONTROLLING EXPOSURE

If prevention is not reasonably practicable, you should adequately control exposure by one or more of the following measures:

• total enclosure of the process;
• partial enclosure and extraction equipment ('local exhaust ventilation');
• general ventilation;
• using systems of work and handling procedures which minimise the chances of spills, leaks and other escape of hazardous materials;
• reducing the number of employees exposed, or the duration of their exposure, but only after considering and, where possible, putting into effect the above measures.

For a carcinogen (a substance which may cause cancer) special requirements apply - see COSHH regulation 7 (3) and the Carcinogens ACoP.

Only as a last resort, if you cannot adequately control exposure by the measures above, should you provide personal protective equipment (eg respirators, protective clothing) to achieve control. This does not prevent you providing such items as a 'belt and braces' measure, if you wish.

For many substances advice on control will be in the safety data sheet. Make sure you are using the substance for the intended use and that you can control it as recommended. If you do, this will normally be regarded as adequate control.

Control is usually considered adequate if most people would not suffer any adverse health effects if exposed to the substance at that level day after day. For certain substances where the risk to health is mainly caused by breathing it in, occupational exposure limits have been set. HSE's publication EH40 explains what these are and contains full lists of the substances.

ENSURING THAT CONTROL MEASURES ARE USED AND MAINTAINED

The Regulations require employees to make proper use of control measures and to report defects in them. You as the employer must take all reasonable steps to ensure that they do so. This is why you must instruct, inform and train your employees and ensure there is appropriate supervision (see page 13 for a more detailed explanation). You must also check from time to time that what you plan to happen is actually achieved.

COSHH places specific duties on employers to ensure that controls are kept in efficient working order and good repair. Engineering controls and respiratory protective equipment have to be examined and, where appropriate, tested at suitable intervals. There are set intervals between examinations laid down for local exhaust ventilation equipment.(The maintenance, examination and testing of local exhaust ventilation - HS(G)54). You must keep records of examinations and tests you carry out and retain them (or a summary of them) for at least five years.

MONITORING EXPOSURE

COSHH requires that the concentration of hazardous substances in the air that workers might be exposed to should be measured (monitored) in certain cases, eg:

• where there could be serious risks to health if control measures failed or deteriorated;
• if you cannot be sure that exposure limits are not being exceeded;
• where you cannot be sure that particular control measures are working properly.

HEALTH SURVEILLANCE

Health surveillance is required under COSHH in these circumstances:

• where employees are exposed to a substance linked to a particular disease or adverse health effect and there is a reasonable likelihood under the conditions of the work of that disease or effect occurring and it is possible to detect them;
• where an employee is working in one of the processes listed in Schedule 5 of COSHH, eg manufacture of certain compounds of benzene, and is likely to receive significant exposure to the substance listed in the Schedule.

RECORDING AND REVIEWING THE ASSESSMENT

The assessment should be seen as a management tool. Unless it is so simple that you can easily recall and explain your conclusions at any time, you are advised to record it either in writing or on computer. This doesn't necessarily mean keeping every single piece of information, such as safety data sheets. You need to use your common sense - include enough information to show how decisions about risks and precautions were arrived at and to make it clear to your employees and others what parts they have to play in the precautions.

As your work proceeds you should 'feed back' practical experience to the assessment. Use the assessment as a 'living' document, which you may need to revisit if situations change and which can lead to a review of the assessment and the actions to be taken - but not every day!

You are advised to review it:

• at not less than five-yearly intervals;
• whenever there is reason to believe an assessment is no longer valid;
• where there has been a significant change in the work.

You should say in the assessment when you next intend to review it.

Remember, records are for your benefit and are part of the system to protect health. Don't make paperwork unless it's necessary and will help you manage your employees' health.

INFORMATION, INSTRUCTION AND TRAINING FOR EMPLOYEES

COSHH requires you to inform, instruct and train your employees about:

• the nature of the substances they work with and the risks created by exposure to those substances;
• the precautions they should take.

You should give them sufficient information and instructions on:

• control measures, their purpose and how to use them;
• how to use personal protective equipment and clothing provided;
• results of any exposure monitoring and health surveillance (without giving people's names);
• emergency procedures.

FURTHER ADVICE AND INFORMATION

Remember, if in doubt, you can always contact your local HSE office, whose address is in the phone book. The staff there can refer you to the appropriate inspector or the Environmental Health Officer at your local authority.

COSHH publications

Approved Codes of Practice

General COSHH ACoP (including Control of Substances Hazardous to Health 1994) and Carcinogens ACoP and Biological Agents ACoP L5 HSE Books 1995
ISBN 0 7176 0819 0

Categorisation of biological agents - Approved list HSE Books 1995
ISBN 0 7176 1038 1

A step-by-step guide to COSHH assessments HS(G)97
HSE Books 1993 ISBN 0 11 886379 7

Monitoring strategies for toxic substances EH42 HSE Books 1989 ISBN 0 11 885412 7

Health surveillance under COSHH - guidance for employers HSE Books 1990
ISBN 0 7176 0491 8

COSHH and peripatetic workers HS(G)77 HSE Books 1992 ISBN 0 11 885733 9

COSHH: An open learning courseHSE Books 1989 ISBN 0 7176 0850 6

Hazardous substances publications

Occupational exposure limits EH40/96 HSE Books 1996
ISBN 0 7176 1021 7 (revised annually)

The Approved Supply List and database - CHIP 2 HSE Books 1995 ISBN 0 7176 0858 1

7 steps to successful substitution of hazardous substances HS(G)110 HSE Books 1994 ISBN 0 7176 0695 3

The maintenance, examination and testing of local exhaust ventilation HS(G)54 HSE Books 1990 ISBN 0 11 885438 0

Respiratory protective equipment: A practical guide for users HS(G)53 HSE Books 1990 ISBN 0 11 885522 0

There is space for only a small selection - please consult HSE for details of any other guidance produced for your industry.

Control of substances hazardous to health in the production of pottery Approved Code of Practice L60 HSE Books 1995
ISBN 0 7176 0849 2

Pesticides: Code of Practice for the safe use of pesticides on farms and holdings Joint HSC/MAFF Code HMSO 1990 ISBN 0 11 242892 4

The safe use of pesticides for non-agricultural purposes Approved Code of Practice L9 HSE Books 1996 ISBN 0 7176 0542 6

The prevention or control of legionellosis (including legionnaire's disease) Approved Code of Practice L8 HSE Books 1995 ISBN 0 7176 0732 1

Assessment of exposure to fume from welding, brazing and allied processes EH54 HSE Books 1990 ISBN 0 11 885429 1

The carcinogenicity of mineral oils EH58 HSE Books 1990 ISBN 0 11 885581 6

Health and safety in motor vehicle repair HS(G)67 HSE Books 1991 ISBN 0 11 885671 5

Health and safety in engineering workshops HS(G)129 HSE Books ISBN 0 7176 0880 8

Preventing asthma at work: How to control respiratory sensitisers L55 HSE Books 1994 ISBN 0 7176 0661 9

Agricultural pesticides AS27 (free leaflet) HSE Books 1995

Solvents and you IND(G)93(L) (free leaflet) HSE Books 1993

Essentials of health and safety at work HSE Books 1994
(third edition) ISBN 0 7176 0716 X

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This leaflet contains notes on good practice which are not compulsory but which you may find helpful in considering what you need to do.

This leaflet is available in priced packs of 10 from HSE Books, ISBN 0 7176 1189 2. Single free copies are also available from HSE Books.

This publication may be freely reproduced, except for advertising, endorsement or commercial purposes. The information is current at 9/98. Please acknowledge the source as HSE.

Printed and published by the Health and Safety Executive as IND(G)136L. First published 5/96 and revised 4/97 and 9/98.