HSE Strengthens COSHH Enforcement on Respiratory Sensitisers

The Health and Safety Executive (HSE) has announced a renewed and intensified focus on the control of substances hazardous to health (COSHH) regulations, specifically targeting respiratory sensitisers. This enforcement drive aims to reduce the incidence of occupational lung diseases, including asthma, which remains a significant health concern across various UK industries.

According to recent HSE statistics, an estimated 12,000 deaths each year are linked to past exposures at work, with occupational lung diseases, including those caused by respiratory sensitisers, being a major contributor. The HSE's proactive stance underscores the ongoing need for employers to robustly assess and control risks associated with hazardous substances.

Understanding Respiratory Sensitisers and Their Impact

Respiratory sensitisers are substances that, when inhaled, can cause an allergic reaction in the airways, leading to occupational asthma or other respiratory conditions. Once sensitised, even very low levels of exposure can trigger severe symptoms. Common industries where workers are at risk include:

  • Baking (flour dust)
  • Woodworking (wood dust)
  • Healthcare (latex, glutaraldehyde)
  • Manufacturing (isocyanates in paints and foams)
  • Agriculture (animal dander, grain dust)

The HSE emphasises that prevention is paramount. Employers have a legal duty under COSHH to protect their workers from exposure to hazardous substances. This includes identifying all substances that could be respiratory sensitisers, conducting thorough risk assessments, and implementing effective control measures.

Sarah Albon, HSE's Chief Executive, recently commented on the importance of this drive, stating, "Occupational lung disease continues to devastate lives and place a significant burden on the NHS. Our inspectors will be paying close attention to how businesses are managing the risks from respiratory sensitisers. We expect to see robust control measures in place, and where they are not, we will take action."

Key Requirements for Employers Under COSHH

Employers are reminded of their obligations under the Control of Substances Hazardous to Health Regulations 2002 (COSHH). The core principles remain:

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  1. Risk Assessment: Identify hazardous substances, assess the risks they pose, and determine who might be harmed and how.
  2. Control Measures: Implement appropriate control measures, following the hierarchy of controls: elimination, substitution, engineering controls (e.g., local exhaust ventilation), administrative controls, and finally, personal protective equipment (PPE).
  3. Maintenance & Monitoring: Ensure control measures are properly maintained and regularly checked. This includes statutory examinations for LEV systems.
  4. Information, Instruction & Training: Provide employees with clear information, instruction, and training on the risks and control measures.
  5. Health Surveillance: Where appropriate, implement a suitable programme of health surveillance for employees exposed to respiratory sensitisers.

The HSE's latest guidance highlights that while PPE is important, it should always be considered a last resort after all other control measures have been explored. Effective engineering controls, such as well-designed and maintained local exhaust ventilation (LEV) systems, are crucial for preventing exposure to airborne sensitisers.

What Businesses Can Expect from HSE Enforcement

HSE inspectors will be conducting targeted inspections across various sectors known to use respiratory sensitisers. During these visits, inspectors will be looking for evidence of:

  • Comprehensive COSHH risk assessments that specifically address respiratory sensitisers.
  • Effective implementation and maintenance of control measures, particularly LEV systems.
  • Adequate training and supervision for employees working with hazardous substances.
  • Appropriate health surveillance programmes where required.
  • Clear communication of risks and safety procedures to the workforce.

Businesses found to be in breach of COSHH regulations could face enforcement action ranging from improvement notices and prohibition notices to prosecution, with significant fines and potential imprisonment for serious offences. In the 2022/23 financial year, the HSE issued 7,222 enforcement notices across all sectors, demonstrating their commitment to upholding safety standards.

The HSE's renewed focus serves as a critical reminder for all UK businesses to review their COSHH compliance, especially regarding respiratory sensitisers. Proactive measures not only ensure legal compliance but also safeguard the long-term health of employees and contribute to a more productive workforce. Employers should consult the HSE's extensive guidance on COSHH and occupational asthma for detailed information on best practices and legal requirements.

For businesses seeking to enhance their understanding of COSHH regulations and implement robust safety protocols, Abertay Training offers comprehensive courses and resources. Further information can be found at https://www.abertaytraining.co.uk.