Control of Substances Hazardous to Health Regulations 2002: Difference between revisions
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{{Short description|United Kingdom health and safety legislation}}
{{Use dmy dates|date=June 2019}}
{{Use British English|date=June 2019}}
{{Infobox UK legislation
|short_title = Control of Substances Hazardous to Health Regulations 2002
|type = Statutory Instrument
|parliament = United Kingdom
|year = 2002
|citation = [[SI 2002]]/2677
|introduced_by = [[Nick Brown]], [[Department for Work and Pensions]]
|introduced_commons=
|introduced_lords=
|territorial_extent = [[England and Wales]], [[Scotland]], overseas<ref>[[Health and Safety at Work etc. Act 1974]], s.84; reg.12</ref>
|si_made_date = 24 October 2002
|si_laid_date = 31 October 2002
|commencement = 21 November 2002
|repeal_date =
|replaces = {{ubli|[[Control of Substances Hazardous to Health Regulations 1999]]}}
|amends =
|primary_legislation = {{ubli|[[European Communities Act 1972 (UK)|European Communities Act 1972]]|[[Health and Safety at Work etc. Act 1974]]}}
|eu_directives =
|amendments = {{ubli|[[SI 2003]]/978|[[SI 2004]]/3386}}
|related_legislation =
|repealing_legislation=
|status = current
|original_text = http://www.opsi.gov.uk/si/si2002/20022677.htm
|legislation_history =
|use_new_UK-LEG = yes
|UK-LEG_title = Control of Substances Hazardous to Health Regulations 2002
|revised_text =
}}
The '''Control of Substances Hazardous to Health Regulations 2002''' ([[SI 2002]]/2677) is a [[United Kingdom]] [[Statutory instrument (UK)|statutory instrument]] which states general requirements imposed on employers to protect employees and other persons from the [[hazard]]s of [[Chemical substance|substance]]s used at work by [[risk assessment]], control of exposure, health surveillance and incident planning. There are also duties on employees to take care of their own exposure to hazardous substances and prohibitions on the [[import]] of certain substances into the [[European Economic Area]]. The regulations reenacted, with amendments, the [[Control of Substances Hazardous to Work Regulations 1999]] ([[SI 1999]]/437) and implement several [[European Union directive]]s.<ref name="explain">Office of Public Sector Information (2002)</ref><ref name="brief">Health and Safety Executive (2005a)</ref>
Breach of the regulations by an employer or employee is a [[crime]], punishable on [[summary conviction]] or on [[indictment]] by an unlimited fine.<ref>[[Health and Safety at Work etc. Act 1974]], [http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=health+and+safety+at+work+etc+act&Year=1974&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=1316700&ActiveTextDocId=1316745&VersionNumber=2&filesize=56647 ss.33(1)(c), 33(3)]</ref><ref>{{Cite web|url=http://www.legislation.gov.uk/uksi/2015/664|title=SI 2015/664|last=|first=|date=|website=|publisher=|access-date=}}</ref> Either an individual or a [[body corporate|corporation]] can be punished,<ref>[[Interpretation Act 1978]] s.5</ref> and sentencing practice is published by the [[Sentencing Council]].<ref>{{cite web | url=http://www.sentencing-guidelines.gov.uk/guidelines/other/courtappeal/default.asp?T=Cases&catID=11&subject=HEALTH%20AND%20SAFETY%20OFFENCES | title=(K) Miscellaneous offences - Health and Safety offences | work=Guideline Judgements Case Compendium | publisher=Sentencing Guidelines Council | accessdate=2008-03-08 | year=2005 | archive-url=https://web.archive.org/web/20061003033354/http://www.sentencing-guidelines.gov.uk/guidelines/other/courtappeal/default.asp?T=Cases&catID=11&subject=HEALTH%20AND%20SAFETY%20OFFENCES | archive-date=2006-10-03 | url-status=dead }}</ref> Enforcement is the responsibility of the [[Health and Safety Executive]] or in some cases, [[Local government in England|local authorities]].<ref>Health and Safety at Work etc. Act 1974, s.18</ref>
{{update|section|date=October 2019}}
The regulations are complementary to the [[Chemicals (Hazard Information and Packaging for Supply) Regulations 2002]] ([[SI 2002]]/1689) (CHIPS) and the EU's [[CLP Regulation]] which require labelling of hazardous substances by suppliers.<ref name="brief"/> There are other regulations concerning the labelling and signage of pipes and containers (Sch.7), and since 2008 a further level of control mechanism on dangerous chemicals was added by the [[Regulation (European Union)|EU regulation]] on [[Registration, Evaluation, Authorisation and Restriction of Chemicals]] (REACH).<ref>1907/2006, Official Journal L396, 30.12.2006, pp. 1–849</ref>
The Control of Substances Hazardous to Health (COSHH) regulations have been in place for more than 25 years {{clarify|date=October 2019}} and the scientific evidence suggests that over this time industry has, in general, been consistently reducing exposure to hazardous substances.{{citation needed|date=September 2015}}
==European Legislation implemented==
The '''regulations''' implement the following European Union (EU) directives:<ref name="explain" />
*[[Council of the European Union|Council]] directive 78/610/EEC, on the approximation of the laws, regulations and administrative provisions of [[EU member state]]s on the protection of the health of workers exposed to [[vinyl chloride monomer]];
*Council Directive 89/677/EEC, art.1(3) the importation, supply or use of [[benzene]] and substances containing benzene, amending the [[Marketing and Use Directive]], 76/796/EEC;
*In part, [[Commission of the European Union|Commission]] directive 96/55/EC, the second [[adaptation to technical progress]] of the Marketing and Use Directive;
*Individual directives under 89/391/EEC, Art.16(1):
**Council Directive 90/394/EEC, on the protection of workers from risks related to exposure to [[carcinogen]]s at work, insofar as it relates to carcinogens other than [[asbestos]];
**Council Directive 98/24/EC, on the protection of the health and safety of workers from risks related to chemical agents at work, insofar as it relates to risks to health from exposure to substances other than asbestos or [[lead]]; and
**[[European Parliament]] and Council Directive 2000/54/EC, on the protection of workers from risks related to exposure to [[biological agent]]s at work.
The '''regulations''' are consistent with Commission Directive 91/322/EEC requirements on [[indicative limit value]]s.<ref name="explain" />
==Prohibited substances==
===Import prohibited===
[[Import]] is prohibited into the UK, other than from another EU member state or member of the European Economic Area, of (reg.4(2)):
*[[2-naphthylamine]], [[benzidine]], [[4-aminodiphenyl]], [[4-nitrodiphenyl]], their [[salt (chemistry)|salt]]s and any substance containing any of those [[Chemical compound|compound]]s in a total [[concentration]] equal to or greater than 0.1% [[concentration#Mass percentage (fraction)|by mass]];
*[[Match]]es made with [[phosphorus|white phosphorus]].
Contravention is an offence under the [[Customs and Excise Management Act 1979]] rather than health and safety regulations.
===Supply prohibited===
Supply is prohibited, during the course of work or for use at work, of (reg.4(3), (4)/ Sch.2, item.11):
*Any of the substances whose import is prohibited;
*[[Benzene]] and any substance containing benzene in a concentration equal to or greater than 0.1% by mass, but excluding:
**Motor fuels covered by Council Directive 85/210/EEC;
**[[Waste]] covered by Council Directive 75/442/EEC.
===Prohibited for specified purposes===
Use of the following substances is prohibited for the purposes specified (reg.4(1)/ Sch.2):
{| class="wikitable"
|-
!width="20%"|Substance
!width="30%"|Prohibited purpose
|-
|
*2-naphthylamine;
*Benzidine;
*4-aminodiphenyl;
*4-nitrodiphenyl;<br>—their salts and any substance containing any of those compounds, in a total concentration equal to or greater than 0.1% by mass.
| [[Manufacturing|Manufacture]] and use for all purposes, including any manufacturing process in which such a substance is formed.
|-
| [[Sand]] or other substance containing free [[silica]].
| Use as an [[abrasive]] for [[sandblasting|blasting]] articles in any blasting apparatus.
|-
| A substance:
*Containing compounds of [[silicon]] calculated as silica to the extent of more than 3% by weight of dry material, other than natural sand, [[zirconium silicate]], [[calcined]] [[china clay]], calcined [[aluminium|aluminous]] [[fireclay]], [[sillimanite]], calcined or fused [[alumina]], [[olivine]]; or
*Composed of, or containing, [[dust]] or other matter deposited from a [[fettling]] or blasting process.
| Use as a [[parting material]] in connection with the making of [[metal]] [[casting]]s.
|-
| [[Carbon disulphide]]
| Use in the [[cold-cure process]] of [[vulcanisation]] in the proofing of [[cloth]] with [[rubber]].
|-
| [[Oil]]s other than [[white oil]], or oil of entirely [[animal]] or [[vegetable]], or mixed animal-vegetable, origin.
| Use for oiling the [[spindle (tool)|spindle]]s of self-acting [[spinning mule]]s.
|-
| Ground or powdered [[flint]] or [[quartz]] other than natural sand.
| Certain uses in the manufacture and decoration of [[pottery]] (slops or pastes permitted for some purposes).
|-
| Dust or powder of a [[refractory material]] containing not less than 80% of silica other than natural sand.
| Use for sprinkling the [[Molding (process)|mould]]s of silica [[brick]]s, namely bricks or other articles composed of refractory material and containing not less than 80 per cent of silica.
|-
| White phosphorus
| Manufacture of matches
|-
| [[Hydrogen cyanide]]
| [[Fumigation]] except where certain specified precautions are taken.
|-
| Benzene and any substance containing benzene in a concentration equal to or greater than 0.1% by mass, but excluding:
*Motor fuels covered by Council Directive 85/210/EEC;
*Waste covered by Council Directive 75/442/EEC.
| Use for all purposes except:
*Industrial processes; and
*[[Research and development]] or for the purpose of [[chemical analysis]].
|-
|
*[[Chloroform]] ([[Chemical Abstracts Service|CAS]] No. 67-66-3);
*[[Carbon tetrachloride]] (CAS No. 56-23-5);
*[[1,1,2-Trichloroethane]] (CAS No. 79-00-5);
*[[1,1,2,2-Tetrachloroethane]] (CAS No. 79-34-5);
*[[1,1,1,2-Tetrachloroethane]] (CAS No. 630-20-6);
*[[Pentachloroethane]] (CAS No. 76-01-7);
*[[Vinylidene chloride]] (CAS No. 75-35-4);
*[[1,1,1-Trichloroethane]] (CAS No. 71-55-6);<br>— and any substance containing one or more of those substances in a concentration equal to or greater than 0.1% by mass, other than:
*[[Medicinal product]]s;
*[[Cosmetics|Cosmetic product]]s.
| Supply for use at work in [[diffusion|diffusive]] applications such as in surface [[washing|cleaning]] and the cleaning of [[fabric]]s except for the purposes of research and development or for the purpose of analysis.
|-
|}
==Exceptions==
The following are excluded from the operation of regulations 6 to 13 concerning the general process for management and control of hazardous substances (reg.5):
*Circumstances covered by the:
** Coal Mines (Respirable Dust) Regulations 1975 ([[SI 1975]]/1433, as amended by the Coal Mines (Respirable Dust) (Amendment) Regulations 1978 ([[SI 1978]]/807)
** Control of Lead at Work Regulations 2002 ([[SI 2002]]/2676)
** Control of Asbestos Regulations 2012 ([[SI 2002]]/2675)
* Substances hazardous to health solely by virtue of their [[ionising radiation|radioactive]], [[explosives|explosive]] or [[flammable]] properties, or solely because they are at high or low [[temperature]] or high [[pressure]];
* [[Risk]]s arising solely from [[medical treatment|medical]] or [[dental treatment]].
==Requirements==
===Risk assessment===
Regulation 6 requires that an employer should not carry out work liable to expose employees and non-employees, such as members of the public<ref>http://www.citation.co.uk/health-and-safety/coshh COSHH Control of Substances Hazardous to Health Regulations</ref> to a substance hazardous to health without a [[risk assessment]] and implementation of the steps necessary to comply with the '''regulations'''. The assessment must include consideration of any information provided by the supplier of a substance (CHIPS) (reg.6(2)(b)) and must be reviewed regularly, and also when there is reason to think the assessment is no longer valid, if the system of work is changed or if necessary because of the results of health monitoring (reg.6(3)). The assessment must also consider any [[occupational exposure limit]], in particular, those mandated by the HSE (reg.6(2)(f))<ref>{{cite book | title=EH40, Occupational Exposure Limits | year=2007 | publisher=HSE Books | url=http://www.hse.gov.uk/pubns/books/eh40.htm}}</ref> or by the workplace activities <ref>{{Cite web | url=http://www.lrbconsulting.co.uk/blog/coshh-and-the-small-business/ |title = COSHH for small business - consideration of COSHH Assessments, etc|date = 28 January 2017}}</ref>
===Prevention or control of exposure===
Regulation 7 requires that an employer prevent exposure to hazardous substances or, if this is not [[reasonably practicable]], that they adequately control exposure.
One of the main points of the COSHH risk assessment is to identify the measures that are to be used to avoid a hazard or reduce the level of risk associated with a hazard. Employers must ensure that exposure to hazardous substances is prevented or, if this is not reasonably practicable, adequately controlled. Ideally, this will mean preventing exposure by:
* removing hazardous substance, by changing the process;
* substituting it with a safe or safer substance, or using it in a safer form.
Where this is not reasonably practicable, controlling exposure by, for example:
* totally enclosing the process (such as a shot-blasting box);
* using partial enclosure and/or extraction equipment (such as a spray painting booth);
* general ventilation;
* using safe systems of work and handling procedures (written procedures, etc.).
It is for the employer to decide on the method of controlling exposure. The regulations, however, limit the use of [[personal protective equipment]] (e.g. respirators, dust marks, protective clothing), as the means of protection to only those situations where other measures cannot adequately control exposure.
===Use of control measures===
Employers must take all [[reasonable man|reasonable]] steps to ensure that control measures, and any necessary equipment of facilities, are properly used or applied (reg.8(1)). Employees must use the control measures properly, return them after use and report any defective equipment (reg.8(2)).
===Maintenance and testing of control measures===
Regulation 9 requires that employers maintain control measures in efficient working order and in good repair, with thorough examination and testing of local exhaust ventilation plant generally every 14 months, and for other controls "at suitable intervals".<ref>[http://www.legislation.gov.uk/uksi/2002/2677/regulation/9/made Regulation 9(2)]</ref>
===Monitoring exposure===
Where the risk assessment indicates that workplace monitoring of exposure is necessary, the employer must perform such monitoring unless they can demonstrate another means of preventing or controlling exposure (reg.10). Monitoring must be at regular intervals in addition to when a change occurs that may affect exposure (reg.10(3)). There is mandatory monitoring for (reg.10(4)):
{| class="wikitable"
|-
!width="20%"|Substance or process
!width="30%"|Minimum frequency
|-
|Vinyl chloride monomer
|Continuous or in accordance with a procedure approved by the HSE
|-
|[[Spray (liquid drop)|Spray]] given off from vessels at which an [[Chrome plating|electrolytic chromium process]] is carried on, except [[trivalent chromium]]
| Every 14 days
|-
|}
===Health surveillance===
Regulation 11 requires that health surveillance of employees is carried out where:
*An identifiable [[disease]] or adverse health effect may be related to the exposure;
*There is a "reasonable likelihood" that the disease or health effect may occur under the particular conditions of work;
*Valid techniques exist for detecting [[indication (medicine)|indication]]s of the disease of health effect; and
*The technique presents a low risk to the employee;
— or where there is exposure to any of the following substances in the specified occupations:
{| class="wikitable"
|-
!width="20%"|Substance
!width="30%"|Process
|-
| Vinyl chloride monomer
| Manufacture, production, reclamation, storage, discharge, transport, use or [[polymerisation]]
|-
| [[Phenols|Nitro or amino derivatives]] of [[phenol]] and of [[benzene]] or its [[Homologous series|homologues]]
| Manufacture of nitro or amino derivatives of phenol and of benzene or its homologues, and the making of [[explosives]] with the use of any of these substances
|-
| [[Potassium chromate]], [[potassium dichromate]], [[sodium chromate]] or [[sodium dichromate]]
| Manufacturing
|-
| [[Ortho-tolidine]], [[O-Dianisidine|dianisidine]] and [[dichlorobenzidine]], and their salts
| Manufacturing
|-
| [[Auramine]] and [[magenta]]
| Manufacturing
|-
| Carbon disulphide, [[disulphur dichloride]], benzene, including [[benzole]], [[carbon tetrachloride]] and [[trichlorethylene]]
| Processes in which these substances are used, or given off as [[vapour]], in the manufacture of [[indiarubber]] or of articles or goods made wholly or partially of indiarubber
|-
| [[Pitch (resin)|Pitch]]
| Manufacture of blocks of fuel consisting of [[coal]], coal dust, [[coke (fuel)|coke]] or slurry with pitch as a binding substance
|-
|}
===Information, instruction and training===
Regulation 12 demands that all employees liable to exposure to hazardous substances are provided with suitable and sufficient [[information]], [[Education|instruction]] and [[training]], including:
*Details of the hazardous substances including:
**Names of substances and the risk that they present to health;
**Any relevant occupational exposure standard, maximum exposure limit or similar occupational exposure limit;
**Access to any relevant safety data sheet;
*Other legislative provisions which concern the hazardous properties of those substances;
*Significant findings of risk assessment;
*Appropriate precautions and actions to be taken by the employee in order to safeguard himself and other employees at the workplace;
*Results of any monitoring of exposure and, in particular, in the case of a substance hazardous to health for which a maximum exposure limit has been approved, the employee or his representatives shall be informed forthwith, if the results of such monitoring show that the maximum exposure limit has been exceeded; and
*Collective results of any health surveillance undertaken in a form calculated to prevent those results from being identified as relating to a particular person.
Some biological agents can cause severe human disease and be a serious hazard to employees. Further diseases may be likely to spread to the community and there may be no effective [[prophylaxis]] or treatment available. Where employees are working with such an agent, or material that may contain such an agent, they must be provided with written instructions and, if appropriate, notices must be displayed that outline the procedures for handling such an agent or material.
===Accidents, incidents and emergencies===
Regulation 13 requires that employers prepare for possible accidents, incidents and emergencies involving hazardous substances by:
*Preparing emergency procedures, including provision of [[first aid]];
*Making available technical information on possible accidents and hazards and bringing it to the attention of the [[emergency services]]; and
*Installing [[alarm]]s and other warnings and communication systems.
==Fumigation==
Regulation 14 requires that appropriate warning notices are affixed to premises that are to be [[fumigation|fumigated]] with [[hydrogen cyanide]], [[phosphine]] or [[methyl bromide]]. In most cases, notice must be given to any [[harbour authority]] in whose area the fumigation is to take place.
==Exemptions==
The HSE may issue certificates of exemption to certain employers so long as they are satisfied that the health and safety of workers will not be compromised (reg.15). The [[Secretary of State for Defence]] may issue certificates of exemption on the grounds of [[national security]] to the UK and visiting [[armed forces]] (reg.16).
==Record keeping==
An employer with five or more employees must record the results of the risk assessment (reg.6(4)).
[[File:COSHH yellow bin-lambeth.jpg|thumb|right|A roadside bin with a COSHH notice]]
==Regulations on labelling of containers and pipes==
* Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 ([[SI 2002]]/1689)
* [[Health and Safety (Safety Signs and Signals) Regulations 1996]] ([[SI 1996]]/341)
* Radioactive Material (Road Transport) Regulations 2002 ([[SI 2002]]/1093)
* Carriage of Dangerous Goods by Rail Regulations 1996 ([[SI 1996]]/2089)
* Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 2002 ([[SI 2002]]/2099)
* Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 ([[SI 1996]]/2092)
* Carriage of Explosives by Road Regulations 1996 ([[SI 1996]]/2093)
* Carriage of Dangerous Goods by Road Regulations 1996 ([[SI 1996]]/2095)
* [[Good Laboratory Practice Regulations 1999]] ([[SI 1999]]/3106)
* Acetylene Regulations 2014 ([[SI 2014]]/1639)
==References==
{{reflist}}
==Bibliography==
*{{cite book | author=[Various authors] | year=2007 | title=Tolley's Health and Safety at Work Handbook 2008 | ___location=London | publisher=Butterworths | isbn=978-0-7545-3318-4 }}
*{{cite book | title=COSHH essentials: Easy steps to control chemicals. Control of Substances Hazardous to Health Regulations (HSG193) | edition=2nd | year=2003 | author=Health and Safety Executive | publisher=HSE books | ___location=London | isbn=0-7176-2737-3 | url=http://www.coshh-essentials.org.uk/ | access-date=21 April 2008 | archive-date=11 August 2020 | archive-url=https://web.archive.org/web/20200811192119/http://coshh-essentials.org.uk/ | url-status=dead }}
*{{cite web | title=COSHH: A brief guide to the Regulations | author=Health and Safety Executive | year=2005a | accessdate=2008-04-21 | url=http://www.hse.gov.uk/pubns/indg136.pdf }}
*{{cite book | author=Health and Safety Executive | year=2005b | isbn=0-7176-2981-3 | title=Control of Substances Hazardous to Health: Approved Code of Practice and Guidance | publisher=HSE Books | ___location=London | edition=5th }}
*{{cite web | author=Office of Public Sector Information | title=Control of Substances Hazardous to Health Regulations 2002 - Explanatory Note | year=2002 | url=http://www.opsi.gov.uk/si/si2002/20022677.htm#ex | accessdate=2008-04-21 }}
*{{cite book | title=Health and Safety Law | author=Stranks, J. | ___location=London | publisher=Prentice Hall | edition=5th | year=2005 | isbn=0-13-197646-X | page=''p.''164 }}
==External links==
*[http://www.hse.gov.uk/coshh COSHH information] from the [[Health and Safety Executive]]
*[http://www.hse.gov.uk/pubns/priced/eh40.pdf EH40/2005 Workplace exposure limits]
*[http://www.iom-world.org/pubs/chemicals.pdf Chemical Considerations]{{dead link|date=July 2017 |bot=InternetArchiveBot |fix-attempted=yes }}
[[Category:Statutory instruments of the United Kingdom]]
[[Category:2002 in British law]]
[[Category:Health and safety in the United Kingdom]]
[[Category:Regulation of chemicals in the United Kingdom]]
[[Category:United Kingdom tort law]]
[[Category:English criminal law]]
[[Category:United Kingdom labour law]]
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