Current Legislation

Current Legislation

Control Of Substances hazardous to Health (COSHH)

The COSHH Regulations are 'goal setting' and recognize the fact that risk cannot always be eliminated. The aim is therefore to reduce the risk of exposure to hazardous substances to a tolerable level. This is achieved using the COSHH hierarchy of control. 

Overview of the COSHH hierarchy of control

Regulation 7 of COSHH requires you to consider a hierarchy of control measures to ensure that exposure to substances hazardous to health is adequately controlled. The levels of the hierarchy are listed in priority order and must be considered and applied in this order. Each level of the hierarchy should be applied in a way that is appropriate to the activity and consistent with the risk assessment and each should only be considered after consideration of the ones above it. Most situations require several levels of the hierarchy to be used in order to adequately control the risk associated with exposure. In this way, residual risks should be dealt with by the next level of the hierarchy.

The hierarchy of control is as follows:

• Eliminate the use of the hazardous substance wherever possible - is it possible to replace it with a less hazardous substance for example?
• Enclose the process to reduce the potential for exposure to the hazardous substance wherever possible;
• Control the exposure of the substance at source using engineering means (such as local exhaust ventilation system - LEV);
• Provide adequate protective equipment (such as respiratory protective equipment - RPE).

Expected standards of control are greater for substances that are classed as sensitizers, carcinogens or are particularly toxic.

There is a legal requirement to have local exhaust ventilation thoroughly examined at least every 14 months, or as frequently as dictated by a competent person. The competent person should draw up a schedule of thorough examination, which could be more frequent than the minimum, taking into account the demands of the process (for example, LEV in dusty environments may require more frequent examination). Similarly, there is a requirement to ensure that RPE is maintained in a suitable condition to ensure continuing effectiveness every 3 months.

What the law requires

Any substance is classified as hazardous to health under COSSH if it so identified under the Chemicals Hazard Information and Packaging for Supply (CHIP) Regulations 2002; if it has an occupational exposure level; if it is a biological agent such as bacteria; and if it is any type of dust.

LEV systems should follow guidelines on minimum safety requirements issued by the HSE, as detailed in publications HSG54 and HSG 258It is the employer’s responsibility not only to introduce and maintain an effective LEV system but to be seen to be doing so – which is why keeping records and booking regular testing is so important. Failure to comply with the COSSH Regulations 2002 is a serious matter for any employer, as the organisation concerned will be deemed to have put their employees’ health at unnecessary risk. In a worst case scenario, it could even result in criminal prosecution.

CLICK ON THE LINKS BELOW FOR LATEST HSE RECOMMENDATIONS AND GUIDANCE

Buyers Guide

A simple guide to buying and using local exhaust ventilation (LEV)  

http://www.hse.gov.uk/pubns/indg408.pdf 

Designers Guide

This page will help designers, installers and examiners work with, and for, their customers to control exposures effectively.

http://www.hse.gov.uk/lev/designers.htm

Employers Guide

This website will help employers develop a systematic and critical approach to buying and using LEV to avoid expensive mistakes and control exposures effectively.

http://www.hse.gov.uk/lev/employers.htm

Employees Guide

This website provides guidelines on how employees should protect their health in the workplace, and check their LEV equipment.

http://www.hse.gov.uk/lev/employees.htm

HSE Main Website Link