The Control of Substances Hazardous to Health Regulations 2002 is a United Kingdom Statutory Instrument which states general requirements imposed on employers to protect employees and other persons from the hazards of substances used at work by risk assessment, control of exposure, health surveillance and incident planning. There are also duties on employees to take care of their own exposure to hazardous substances and prohibitions on the import of certain substances into the European Economic Area. The regulations reenacted, with amendments, the Control of Substances Hazardous to Work Regulations 1999 and implement several European Union directives.[2][3]
Breach of the regulations by an employer or employee is a crime, punishable on summary conviction or on indictment by an unlimited fine.[4][5] Either an individual or a corporation can be punished,[6] and sentencing practice is published by the Sentencing Council.[7] Enforcement is the responsibility of the Health and Safety Executive or in some cases, local authorities.[8]
The regulations are complementary to the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 (CHIPS) and the CLP Regulation which require labelling of hazardous substances by suppliers.[3] There are other regulations concerning the labelling and signage of pipes and containers (Sch.7), and since 2008 a further level of control mechanism on dangerous chemicals was added by the EU regulation on Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH).[9]
The Control of Substances Hazardous to Health (COSHH) regulations have been in place for more than 25 years [clarification needed] and the scientific evidence suggests that over this time industry has, in general, been consistently reducing exposure to hazardous substances.[citation needed]
The regulations implement the following European Union (EU) directives:[2]
The regulations are consistent with Commission Directive 91/322/EEC requirements on indicative limit values.[2]
Import is prohibited into the UK, other than from another EU member state or member of the European Economic Area, of (reg.4(2)):
Contravention is an offence under the Customs and Excise Management Act 1979 rather than health and safety regulations.
Supply is prohibited, during the course of work or for use at work, of (reg.4(3), (4)/ Sch.2, item.11):
Use of the following substances is prohibited for the purposes specified (reg.4(1)/ Sch.2):
The following are excluded from the operation of regulations 6 to 13 concerning the general process for management and control of hazardous substances (reg.5):
Regulation 6 requires that an employer should not carry out work liable to expose employees and non-employees, such as members of the public[13] to a substance hazardous to health without a risk assessment and implementation of the steps necessary to comply with the regulations. The assessment must include consideration of any information provided by the supplier of a substance (CHIPS) (reg.6(2)(b)) and must be reviewed regularly, and also when there is reason to think the assessment is no longer valid, if the system of work is changed or if necessary because of the results of health monitoring (reg.6(3)). The assessment must also consider any occupational exposure limit, in particular, those mandated by the HSE (reg.6(2)(f))[14] or by the workplace activities [15]
Regulation 7 requires that an employer prevent exposure to hazardous substances or, if this is not reasonably practicable, that they adequately control exposure. One of the main points of the COSHH risk assessment is to identify the measures that are to be used to avoid a hazard or reduce the level of risk associated with a hazard. Employers must ensure that exposure to hazardous substances is prevented or, if this is not reasonably practicable, adequately controlled. Ideally, this will mean preventing exposure by:
Where this is not reasonably practicable, controlling exposure by, for example:
It is for the employer to decide on the method of controlling exposure. The regulations, however, limit the use of personal protective equipment (e.g. respirators, dust marks, protective clothing), as the means of protection to only those situations where other measures cannot adequately control exposure.
Employers must take all reasonable steps to ensure that control measures, and any necessary equipment of facilities, are properly used or applied (reg.8(1)). Employees must use the control measures properly, return them after use and report any defective equipment (reg.8(2)).
Regulation 9 requires that employers maintain control measures in efficient working order and in good repair, with thorough examination and testing of local exhaust ventilation plant generally every 14 months, and for other controls "at suitable intervals".[16]
Where the risk assessment indicates that workplace monitoring of exposure is necessary, the employer must perform such monitoring unless they can demonstrate another means of preventing or controlling exposure (reg.10). Monitoring must be at regular intervals in addition to when a change occurs that may affect exposure (reg.10(3)). There is mandatory monitoring for (reg.10(4)):
Regulation 11 requires that health surveillance of employees is carried out where:
— or where there is exposure to any of the following substances in the specified occupations:
Regulation 12 demands that all employees liable to exposure to hazardous substances are provided with suitable and sufficient information, instruction and training, including:
Some biological agents can cause severe human disease and be a serious hazard to employees. Further diseases may be likely to spread to the community and there may be no effective prophylaxis or treatment available. Where employees are working with such an agent, or material that may contain such an agent, they must be provided with written instructions and, if appropriate, notices must be displayed that outline the procedures for handling such an agent or material.
Regulation 13 requires that employers prepare for possible accidents, incidents and emergencies involving hazardous substances by:
Regulation 14 requires that appropriate warning notices are affixed to premises that are to be fumigated with hydrogen cyanide, phosphine or methyl bromide. In most cases, notice must be given to any harbour authority in whose area the fumigation is to take place.
The HSE may issue certificates of exemption to certain employers so long as they are satisfied that the health and safety of workers will not be compromised (reg.15). The Secretary of State for Defence may issue certificates of exemption on the grounds of national security to the UK and visiting armed forces (reg.16).
An employer with five or more employees must record the results of the risk assessment (reg.6(4)).
