The Control of Substances Hazardous to Health Regulations 1999 (COSHH)

The substances that are hazardous to health include:

  • those that are listed in the Classification, Packaging and Labelling of Dangerous Substances Regulations as being very toxic, harmful, corrosive or irritant;
  • a substance that has a maximum exposure limit;
  • certain micro-organisms; and
  • dust, in substantial concentration in air.

The regulations do not apply to lead, asbestos or where the substance is only hazardous to health due to its radioactive, explosive or flammable properties or because it is at high or low temperature, but they do now cover carcinogens. Certain substances, such as Benzedrine, cannot be imported into the UK.

In essence an employer shall not carry on any work liable to expose any employee to a substance hazardous to health unless he has made a suitable and sufficient assessment of the risks and the steps to be taken to meet with requirements of the Regulations. The assessment should be repeated if it is no longer regarded as being valid or if sufficient change in the work has taken place.

Every employer shall ensure that the exposure of employees to such substances shall be prevented or, where this is not reasonably practicable, controlled either with or without the use of personal protective equipment.

Where control measures or personal protective equipment is provided the employer shall see that it is properly used and the employee is required to make full and proper use of them and report any defects. Control measures are to be maintained in an efficient state, in efficient working order and in good repair. Where engineering controls are provided they shall be thoroughly examined and tested in the case of local exhaust ventilation plant at least once every 14 months (except for some scheduled plants where the intervals are less) and in any other case at suitable intervals. Non-disposable respiratory protective equipment shall be examined, and where appropriate, tested at suitable intervals. The records of examinations and tests are to be kept for at least five years.

The exposure of an employee to substances hazardous to health may have to be monitored in the cases of schedules substances or processes (viz. Vinyl chloride monomer, electrolytic chromium process) or as a requisite for ensuring the maintenance of adequate controls. Suitable records shall be kept, in the case of identifiable employees for 30 years and in other cases 5 years. Health surveillance of employees is required in scheduled processes involving certain substances (e.g. in the manufacture of potassium or sodium chromate or auramine magenta). A health record in respect of each affected employee, containing approved particulars, must be kept for at least 40 years from the date of the last entry. Health surveillance will be by an appointed doctor of an employment medical adviser and will normally take place every 12 months. Information, instructions and training are to be given to persons who may be exposed to hazardous substances, whether employee or not. Other regulations deal with fumigation and exemption certificates while other schedules detail:

  • medical surveillance;
  • excepted fumigations; and
  • repeals and revocations.

Maximum exposure limits and parameters have been revised in the most recent regulations. Please consult the latest ACOP. Approved Codes of Practice expand the Regulations 4-8

The Electricity at work Regulations 1989

The general regulations impose requirements with regard to:

  • construction and maintenance of electrical systems;
  • carrying out work activities on or near electrical systems;
  • the provision of protective equipment;
  • the putting into use of electrical equipment;
  • the construction of electrical equipment to resist adverse or hazardous environments.
  • the insulation and protection of conductors;
  • earthing;
  • sound connections;
  • means of protection against excess current and the cutting off of the supply
  • work on or near live conductors;
  • working space, access and lighting; and
  • persons engaged in electrical work to be competent to prevent danger.

The Regulations place duties, so far as they relate to matters within their control, on employers (with special reference to managers of a mine or a quarry), self-employed persons and employees. Certain of the regulations place additional duties on managers of mines. Comprehensive guidance is given in Memorandum 9 and Approved Codes of Practice 10, 11.

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