Under COSHH (The Control of Substances Hazardous to Health Regulations 2002) employers and employees have significant responsibilities to manage the health risks associated with hazardous substances.
Employers must identify harmful substances, evaluate their potential effects, and ensure that control measures are effective. Employees must follow safety protocols, use control measures and PPE correctly, and report any defects or concerns to their employer.
In this article we discuss an employer’s and employee’s COSHH responsibilities in detail and how to apply them in practice.
What are hazardous substances under COSHH?
Under COSHH, hazardous substances encompass a broad range of materials that can cause harm to human health. These include chemicals, products containing chemicals, fumes, dust, vapours, mists, nanotechnology, gases and asphyxiating gases, and biological agents such as bacteria and other microorganisms.
Hazardous substances under COSHH are also any materials that are a by-product of a process, such as hazardous waste, and substances with workplace exposure limits (WELs).
Substances with WELs are hazardous substances for which legal limits have been established for the maximum amount of a substance that workers can be exposed to.
WELs are defined and regulated under COSHH. The Health and Safety Executive’s document EH40/2005 workplace exposure limits lists substances with WELs.
What are the employer’s responsibilities under COSHH regulations?
Employers have comprehensive responsibilities under COSHH regulations to protect the health and safety of employees.
These responsibilities mean there must be a systematic approach to managing and controlling exposure to harmful substances in the workplace.
1. Assess the Risk
Under COSHH regulation 6 employers have a responsibility to carry out a comprehensive COSHH risk assessment to identify and evaluate the risks posed by hazardous substances.
This process involves:
- Identifying hazardous substances: List all substances used, generated, or handled in the workplace that could be harmful to health.
- Evaluating potential effects: Assess how these substances might affect employees, considering factors such as the nature of the work, duration of exposure, and the concentration levels of the substances.
- Considering routes of exposure: Determine how employees might be exposed to these substances through inhalation, skin contact, ingestion, or injection.
- Reviewing control measures: Evaluate the effectiveness of current control measures in place and identify any additional controls that might be necessary to further reduce the risk.
For hazardous substances with WELs, employers must ensure that appropriate measures are in place to maintain exposure levels below WELs to protect employees’ health and safety.
Who can conduct a COSHH risk assessment?
An employer is responsible for ensuring a COSHH risk assessment is carried out by a ‘competent person’.
The Health and Safety Executive (HSE) define a competent person as someone ‘who has the necessary training, skills, experience and knowledge’.
A competent person could be:
- The employer themselves, if they have the necessary competence.
- A ‘competent’ employee who understands the substances in use and the risks involved.
- A health and safety consultant who has the expertise to manage hazardous substances.
To ensure the person conducting a COSHH risk assessment is competent, employers should check they have undergone sufficient training in COSHH and have practical experience of conducting risk assessments and managing hazardous substances.
2. Prevent or control exposure
Employers must take all necessary steps to prevent employees’ exposure to hazardous substances. When prevention is not possible, exposure must be adequately controlled. This can be achieved through:
- Substitution: Replacing hazardous substances with less harmful alternatives where possible.
- Engineering controls: Implementing physical controls such as ventilation systems, closed systems, or isolation of processes.
- Administrative controls: Developing safe work practices, procedures, and schedules to minimise exposure.
- Personal protective equipment (PPE): Providing and ensuring the proper use of PPE when other controls are not sufficient.
This process is known as following the hierarchy of controls.
3. Ensure control measures are properly used
It is crucial that control measures are not only in place but also correctly used and maintained.
Employers must:
- Train employees. Provide comprehensive training on the correct use and maintenance of control measures (see ‘Information, instruction and training’ below).
- Supervise and monitor. Regularly monitor and supervise to ensure employees are using control measures correctly.
- Review practices. Continuously review and update work practices to maintain the effectiveness of control measures.
4. Maintain control measures
So that control measures remain effective over time, employers must ensure PPE and all equipment used to control hazardous substances in the workplace is properly maintained and in good working order.
Any defects or damage to any hazard control measures must be addressed immediately, and detailed records must be kept of maintenance activities and findings. This should include dates, findings, actions taken, and the name of the person responsible for the maintenance.
The requirement to ensure health and safety equipment is properly maintained and effective falls under COSHH, the Personal Protective Equipment at Work Regulations, and the Management of Health and Safety at Work Regulations (1999).
5. Monitor exposure
Monitoring the levels of hazardous substances ensures that control measures are effective in minimising exposure to hazardous substances.
This can be carried out through:
Air monitoring
The purpose of air monitoring is to measure the concentration of hazardous substances in the air. This can involve various sampling techniques such as personal sampling (where devices are worn by employees), static sampling (fixed location sampling), and real-time monitoring.
Regular intervals are determined based on the type of substance, work processes, and historical data of exposure levels.
Biological monitoring
Biological monitoring measures the levels of a hazardous substance or its metabolites in biological samples (such as blood, urine, or exhaled breath) from employees. This is useful for substances that can be absorbed through the skin or ingested, as well as inhaled.
Like air monitoring, the frequency depends on the substance’s properties and the nature of the exposure.
Analysing monitoring data over time helps to identify patterns or trends in exposure levels. This can highlight areas where control measures are failing or need adjustment.
Data analysis aids in assessing the effectiveness of existing control measures and determining if additional measures are necessary. It helps to ensure a workplace remains within legal exposure limits set by regulatory bodies.
6. Carry out health surveillance
Health surveillance is a critical measure under COSHH. The aim is to detect early signs of work-related ill health in employees to enable employers to prevent further harm.
Employers are responsible for determining the need for health surveillance by identifying which employees are at risk of exposure to hazardous substances, the nature and extent of the exposure, and the potential health effects.
Once the need for health surveillance is established, employers must provide appropriate health checks. This can include regular medical examinations and biological monitoring, tailored to the specific risks identified.
The frequency and type of health checks should be determined by the level of risk and the substance involved, ensuring early detection of any adverse health effects.
7. Information, instruction and training
Providing employees with the necessary information, instruction, and training is crucial to ensure they understand the risks of hazardous substances and how to protect themselves.
Employers must offer training on the hazards, risks, and control measures associated with hazardous substances. For example, COSHH training to ensure employees understand how to mitigate the risks of hazardous substances, and PPE awareness training to make sure they understand the importance of PPE and how to use it correctly. This is particularly important with respiratory protection such as face masks.
Training and information must be updated as necessary to reflect changes in work processes or substances used.
8. Emergency procedures
Employers must make sure there are clear procedures for managing emergencies involving hazardous substances.
Emergency procedures should cover:
- Spillages and leaks. Procedures for alerting others, evacuation procedures, how the spill or leak will be controlled or contained and clean-up procedures.
- Accidental exposure response. First aid measures in the event of inhalation, skin contact, eye contact or ingestion. Emergency equipment available such as first aid kits, eyewash stations and safety showers.
- Evacuation plans. Evacuation routes, the frequency of drills, where assembly points are located and roll call procedures.
- Emergency contact information. Contacts for safety officers, first aiders, emergency response team members, external emergency services and the local poison centre.
- Communication plan. Methods for communication during an emergency such as radios and public address systems. Procedures for communicating with external agencies and stakeholders.
- Documentation and reporting. The system for documenting and recording incidents and what the procedures are for investigating the causes of incidents and preventing a recurrence.
- Training and drills. What training is in place to ensure employees understand emergency procedures. How often drills are carried out to ensure employees are prepared.
- Review and improvement. How often emergency procedures are reviewed to ensure they are continuously effective. Adaptations may be necessary following workplace changes and the response to drills or incidents.
What are employees’ COSHH responsibilities?
Under COSHH regulations employees have several key responsibilities to ensure their safety and the safety of others in the workplace.
Under COSHH Regulation 8 employees are responsible for:
- Making full and proper use of any control measures provided by their employer.
- Taking all reasonable steps to ensure safety equipment is returned to the correct place after use.
- Reporting any defects with safety equipment to their employer immediately.
In practice, this means employees must:
Follow training and instructions
Employees must follow any training, instructions, and information provided by their employer regarding the use and handling of hazardous substances.
Use control measures
Employees must use any control measures provided by their employer, such as ventilation systems, extraction units, and personal protective equipment (PPE), to minimise their exposure to hazardous substances.
Use PPE correctly
Employees are required to wear and use personal protective equipment as instructed. This includes ensuring that the equipment is properly fitted and maintained.
Report defects and concerns
Employees should report any defects in control measures, PPE, or any concerns about hazardous substances to their employer. This helps in maintaining a safe working environment and allows for prompt action to be taken.
Follow emergency procedures
Employees need to be familiar with and follow the workplace’s emergency procedures in the event of an incident involving hazardous substances. This includes knowing the location of emergency exits, eye wash stations, and spill kits.
Under Regulation 5, employees must report to their employer any ‘accident or incident which has or may have resulted in the release of a biological agent which could cause severe human disease’.
Where required, employees must also participate in health surveillance programmes arranged by their employer (Regulation 11). This is to monitor their health and ensure they are not adversely affected by hazardous substances.
Do your employees understand their responsibilities under COSHH?
Our comprehensive online COSHH training course is designed by health and safety experts to meet the stringent requirements of the Control of Substances Hazardous to Health (COSHH) Regulations 2002.
Aligning with the Health and Safety Executive’s guidance, Working with substances hazardous to health (INDG136), this course is an essential tool for maintaining a safe and compliant workplace.
Participants will gain a thorough understanding of an employer’s and employee’s health and safety responsibilities under COSHH and learn practical methods to reduce and manage risks effectively.
Please visit our COSHH training course webpage for more information, or contact us on 0203 011 4242/info@praxis42.com
