New COSHH Guidance Launched by Health and Safety Executive

The Health and Safety Executive (HSE) has recently published updated guidance concerning the Control of Substances Hazardous to Health (COSHH) Regulations 2002. This timely release aims to assist UK businesses in better understanding and fulfilling their legal obligations when working with hazardous substances, ultimately enhancing workplace safety and reducing occupational ill-health.

COSHH regulations are a cornerstone of workplace health and safety, requiring employers to control exposure to substances that are hazardous to health. Despite these long-standing regulations, occupational diseases linked to hazardous substances continue to pose a significant challenge. According to HSE statistics for Great Britain, an estimated 12,000 deaths each year are linked to past exposures at work, with many related to chemical exposures. Furthermore, the 2022/23 HSE report indicated that approximately 1.8 million working people were suffering from a work-related illness, with hazardous substances contributing to a notable proportion of these cases, particularly in sectors such as manufacturing, construction, and healthcare.

The new guidance consolidates existing advice and introduces clearer directives on risk assessment, control measures, and health surveillance, reflecting contemporary understanding of chemical hazards and best practice in risk management. It underscores the importance of a systematic approach to identifying hazards, evaluating risks, and implementing effective controls to protect employees.

Key Updates and Focus Areas

The updated COSHH guidance places a strong emphasis on several critical areas, aiming to simplify compliance for businesses of all sizes. One significant aspect is the renewed focus on the 'hierarchy of control' principle. Employers are reminded that elimination or substitution of hazardous substances should always be the first consideration. If this is not reasonably practicable, then engineering controls (e.g., local exhaust ventilation – LEV systems) and administrative controls (e.g., safe systems of work, reduced exposure times) must be prioritised before resorting to Personal Protective Equipment (PPE).

The guidance also provides more detailed information on conducting thorough COSHH risk assessments. It highlights the necessity of considering not only the intrinsic properties of a substance but also the form in which it is used, the quantity, the duration and frequency of exposure, and the number of people exposed. Specific examples are provided to illustrate how to assess risks for common workplace scenarios, such as handling cleaning chemicals, working with solvents, or managing dust in manufacturing processes.

Another key area addressed is health surveillance. The HSE reiterates that health surveillance is not a substitute for effective control measures but rather a vital tool for checking the effectiveness of those controls and detecting early signs of work-related ill-health. The guidance clarifies when health surveillance is appropriate, what it should entail, and the importance of engaging competent occupational health professionals. For instance, workers regularly exposed to respiratory sensitizers (e.g., flour dust in bakeries, isocyanates in paint spraying) or skin sensitizers should typically be under a health surveillance programme.

Related training: If you are looking to qualify as a trainer in this area, see food hygiene trainer qualifications or explore stress management trainer qualifications for nationally recognised UK and Ireland qualifications.

Employer Responsibilities and Compliance

Employers have a legal duty under the COSHH Regulations 2002 to protect their employees and others who may be exposed to hazardous substances. The updated guidance serves as a comprehensive resource to help businesses meet these responsibilities. It stresses the importance of:

  • Identifying hazardous substances: This includes reading safety data sheets (SDS), product labels, and understanding the processes involved.
  • Assessing the risks: Evaluating how substances can harm health and who might be exposed.
  • Deciding on precautions: Implementing appropriate control measures based on the hierarchy of control.
  • Implementing and maintaining controls: Ensuring control measures are used correctly and are well-maintained (e.g., regular LEV testing).
  • Monitoring exposure: Where necessary, measuring the levels of hazardous substances in the air.
  • Carrying out health surveillance: As required, to check for early signs of health effects.
  • Providing information, instruction, and training: Ensuring employees understand the risks and how to work safely.
  • Planning for emergencies: Having procedures in place for spills, leaks, or other incidents.

The HSE continues to conduct inspections and investigations to ensure compliance with COSHH. Non-compliance can lead to enforcement action, including improvement notices, prohibition notices, and prosecution, alongside the potential for significant financial penalties and reputational damage. In the 2022/23 period, the HSE issued 1,770 enforcement notices related to health issues, a figure that underscores the regulator's ongoing commitment to tackling occupational ill-health.

Businesses are strongly encouraged to review the new guidance and update their COSHH assessments and control measures accordingly. Proactive engagement with these guidelines will not only ensure legal compliance but also foster a safer and healthier working environment for all employees, ultimately contributing to a more productive workforce and reduced costs associated with occupational illness.

For businesses seeking to enhance their understanding of COSHH regulations and implement robust safety protocols, comprehensive training is invaluable. Abertay Training offers a range of health and safety courses, including COSHH awareness and risk assessment, designed to equip individuals and organisations with the knowledge and skills needed to comply with legal requirements and maintain a safe working environment. More information can be found at https://www.abertaytraining.co.uk.