COSHH Regulations

What Are COSHH Regulations?

The Control of Substances Hazardous to Health (COSHH) is the legal framework that requires employers to check substances that are hazardous to health. These health regulations are enforced by the Health and Safety Executive (HSE) to ensure that protecting people remains a core business function. While the COSHH regulations were first introduced in 1989 and come into force on October 1, 1989, the most recent version was enacted in 2002.

Failure to comply with these rules is a crime, punishable by an unlimited fine and criminal prosecution. However, the primary goal of the legislation is to prevent injuries and reduce ill health. It is estimated that 13,000 UK deaths annually are linked to past exposures. Without proper control, workers face significant health risks, including asthma, dermatitis, and cancer.

What are the Main Regulations of COSHH?

The COSHH regulations provide a structured framework for managing risks. Employers hold the primary legal obligation to manage and minimise health risks, ensuring that exposure is minimised to as low as is reasonably practicable (ALARP).

• Risk Assessment: a formal assessment that must be completed to identify and control exposure

• Control Measures: implementing procedures, technical control, and equipment to mitigate risks

• Monitoring Exposure: ensuring that workplace exposure limits (WELs) are not exceeded

• Health Surveillance: providing regular health checks for employees exposed to high risk materials

• Information and Training: providing COSHH training and safety data sheets to all staff

It is important to note that COSHH excludes lead, asbestos, and radioactive substances. These materials are governed by their own specific regulations because they require different handling methods.

What are the 5 Main Substances Covered by COSHH?

The regulations cover a wide range of materials that appear in many forms, including liquids, fumes, dust, gases, vapours, and mists. The 5 main categories include:

1. Chemicals - common cleaning fluids, solvents, and concentrated acids.

2. Products Containing Chemicals - items such as paints, inks, lubricants, and cement.

3. Fumes and Vapours - produced by processes like welding or soldering.

4. Dusts - specifically wood dust, silica or flour dust.

5. Biological Agents - bacteria and viruses, such as Legionnaires disease.

Health Effects and How COSHH Protects Employees

COSHH regulations exist to protect employees from the harm caused by hazardous substances. Without proper controls, exposure can lead to serious health effects, both immediate and long-term.

For example, inhaling chemicals or fumes can cause occupational asthma, while skin contact with certain substances may result in dermatitis or skin irritation. Long-term exposure to substances hazardous to health like silica dust or wood dust can lead to chronic lung disease or cancer. Biological agents, such as bacteria, can cause infections that develop into serious conditions like Legionnaires disease.

The goal of COSHH is to prevent this harm by requiring employers to assess risks and implement control measures before employees are exposed. By identifying hazardous substances early and minimising exposure through proper safety measures, we protect employees from both immediate injury and delayed health effects that might not appear for years.

What are the 5 Principles of COSHH?

To manage hazardous to health COSHH risks, employers must follow the hierarchy of control. This structured approach prioritises the most effective methods first:

• Elimination: removing the hazardous substances entirely from the process

• Substitution: replacing a harmful substance with a safer alternative

• Engineering Controls: using technical solutions like local exhaust ventilation (LEV) to extract fumes

• Administrative Controls: implementing safe working environment policies and specific procedures

• Personal Protective Equipment (PPE): providing PPE only if exposure cannot be adequately controlled by other means

When Do COSHH Regulations Apply?

Because COSHH applies to nearly every workplace, it is vital to know the specific triggers for compliance. The regulations apply when:

• Hazardous substances are used directly in a work activity, such as cleaning chemicals or solvents

• Substances are created by a work process, such as wood dust from sanding or fumes from welding

• Biological agents like bacteria or viruses are present due to the nature of the work

• Employees or the general public could be exposed to harmful materials through inhalation, ingestion, or skin contact

• A business uses any products that carry hazard symbols on their packaging or safety data sheets (SDS).

Penalties for Non-Compliance with COSHH

Breach of COSHH regulations by an employer or employee is a serious legal matter. The law provides for several tiers of enforcement:

• Unlimited Fines: courts can issue unlimited financial penalties for failing to protect workers

• Criminal Prosecution: individuals or company directors can face criminal charges for gross negligence

• Imprisonment: severe breaches that result in avoidable accidents or deaths can lead to custodial sentences

• Prohibition Notices: the Health and Safety Executive can stop work immediately if they believe there is a risk of serious personal injury

• Improvement Notices: legal orders that force a business to fix control measures within a set timeframe

• Reputational Damage: civil claims and the loss of business contracts following a publicised safety failure

COSHH Regulations: What Inspectors Actually Look For

When an HSE inspector visits a site, they are not just looking for hazard symbols. They are evaluating the effectiveness of your entire safety culture. They want to see that your control of substances hazardous to health is a lived process, not just a folder on a shelf.

• Valid Risk Assessments: they will check that the assessment was done by a competent person and specifically identifies the health risks for your site

• Maintenance Records: evidence that engineering controls, like local exhaust ventilation, are inspected every 14 months

• Correct PPE Usage: proof that personal protective equipment is suitable, stored correctly, and that staff have been trained to use it

• Staff Knowledge: inspectors often interview employees to see if they understand the risks and the procedures for emergencies

• Up-to-Date SDS: a complete inventory of safety data sheets for every hazardous substance used.

• Health Surveillance Data: records showing that employees in high risk roles are receiving regular health checks