Employers and other duty holders must comply with the above-mentioned legislation for these specific hazardous substances if they present a risk in their workplace. To ensure that all COSHH duties are fulfilled, you should work with other employers. 20 The need to measure exposure for the purposes of assessment must not be confused with the monitoring obligation laid down in Article 10 of the Regulation. If sampling indicates that exposure has already been adequately controlled, or if it helps to identify measures which, if implemented, are likely to lead to adequate monitoring, further monitoring under Article 10 need not be necessary. After leaving the EU, questions were raised in the health and safety world regarding both best practice and compliance in the UK. Now that the UK has left the EU, how has this affected COSHH regulations in the future? 75 The application of that regulation must be carefully assessed in the context of the other obligations arising from the COSHH. Compliance with Article 7(7) and the principles of good practice should lead to compliance with all LEFs and the maintenance required by Regulation 9. Inspectors and law enforcement officers may decide to implement a monitoring programme to ensure that any corrective action taken adequately controls exposure in practice. Frequency 53 Most of the general requirements for intentional and accidental work with biological agents are now included in the body of the regulations (Rule 7.6)). Additional provisions concerning intentional work exclusively are set out in Annex 3. 44 Biomonitoring is the measurement and evaluation of hazardous substances or their metabolites in tissues, secretions, feces or air spills.
Biological effects monitoring is the measurement and evaluation of early biological effects caused by the ingestion of chemicals. Biological monitoring provides valuable information on whole-organism exposure. It can be used in conjunction with air samples or, for example, when dermal absorption is an important route of exposure. It can also be used to verify the effectiveness of the protection provided by the EPR/PPE when it is frequently used as a control measure. 45 For some substances, there are biological monitoring guideline values (BMGV), details are given in EH40. In recent years, biological monitoring techniques have advanced considerably. Some are easier to perform and others are less invasive, for example: a solvent breathalyzer. Inspectors and enforcement officers should contact medical inspectors, occupational health and safety inspectors or occupational health inspectors for further advice. It should be noted that no matter how easy biological monitoring may be, levels are not enforceable and other evidence of inadequate control measures, such as contaminated conditions or poor handling practices, would be required. For more information, see Biological Monitoring in the Workplace: A Guide to its Practical Application to Chemical Exposures (HSG 167). COSHH applies to all workplaces, and need not be your primary workplace, “workplace” under COSHH means any premises or part of premises used for or in connection with work.
85 Subsection 12(5) of the Regulations requires employers to ensure that the contents of containers and pipes used for hazardous substances, as well as the nature of the contents and the hazards involved, are clearly identifiable. Please note that the requirement is not to “mark” containers and pipes. This is important information when opening containers or breaking pipes for repair or maintenance purposes. If a self-employed person is not an employer, but brings hazardous substances to other premises of the company, COSHH regulations apply. However, they are exempt from Article 10 (surveillance at the workplace) and Article 11 (health surveillance). You should not be expected to manage risks created by another employer – they should take responsibility for managing risks related to their activities and substances and controlling the exposure of their own employees and your employees if they are likely to be affected. If an employee does not adequately comply with safety controls put in place by their employer, such as not wearing designated PPE or ignoring or circumventing safety training and instructions, they may be subject to disciplinary action by their employer, which may result in dismissal. Other officials will also be responsible for health and safety and for reducing the risks associated with hazardous substances, such as: B: 84 Rule 12(4) also requires the employer to ensure that any other person performing work related to their duties under the BSSP also has the information, necessary instruction and training, such as contractors.
19 The measurement of personal exposure may not be necessary for an assessment to be appropriate and sufficient, for example where the health risks are immediately obvious or where guidelines can be used to assess exposure. It is more necessary when the operations are complex or specialised, or when the substances concerned are subject to an occupational exposure limit value (WEL). Measurements must be adapted to the relevant distances: they may take the form of air, skin, surface or biological sampling. As part of their legal obligations under COSHH regulations, employees should: Most companies use substances or products that are mixtures of substances, or have processes that produce substances. These can be harmful to people`s health, and COSHH requires employers to control them in a way that minimizes the risks. 23 The COSHH Essentials scheme contains guidelines for monitoring and certain other aspects of COSHH, but its application does not mean that the employer has fully fulfilled all COSHH obligations. Other tasks such as health surveillance, surveillance, compliance with DEL etc. may be relevant.
Inspectors and enforcement officers must ensure that employers also consider these aspects. 24 If offenders require expert advice, they should speak to an occupational hygienist. The British Occupational Hygiene Society has a register of professional hygienists on its website. The employer has overall responsibility for the HSSC in the workplace. You must ensure that COSHH assessments are conducted and that controls are in place to protect employees from exposure to hazardous substances. 78 Specific guidelines for health surveillance are set out in paragraphs 214 to 234 of the ACOP L5 guideline, which list situations in which health surveillance is appropriate. Health surveillance requires recognized policies and practices and should be managed accordingly. 79 Section 11(9) sets out the obligations of an employer when it is established that an employee suffers from a recognizable disease or adverse effect on the employee`s health. The employer should ensure that: Are you having trouble finding the time to keep track of your health and safety responsibilities? Or do you just not know where to start when it comes to compliance? At Ellis Whittam, we help employers manage all aspects of health and safety through practical support and reasonable and appropriate advice.
Our unlimited fixed-fee service gives you access to a dedicated health and safety consultant, on-site risk assessment support, expert-created document templates, award-winning software and more. Michelle graduated in 2012 with a master`s degree in biology and wildlife conservation, but her career has taken a very different turn than expected.