Control of substances hazardous to health (Sixth edition)

Health and Safety

Control of substances hazardous to health The Control of Substances Hazardous to Health Regulations 2002 (as amended) Approved Code of Practice and guidance Health and Safety Executive This book contains the Approved Code of Practice (ACOP) to the Control of Control of substances hazardous Substances Hazardous to Health Regulations 2002 (as amended) (COSHH) and to health The Control of Substances Hazardous to Health Regulations covers all substances to which the Regulations apply. 2002 (as amended)

It outlines the preferred or recommended methods that can be used to comply with the Regulations and the accompanying guidance also provides advice on achieving compliance, such as the control of carcinogenic substances or those causing occupational asthma, monitoring control measures and conducting health surveillance.

Material supporting regulations 7, 9, 10 and 11 has been updated since the 2005 edition to take account of regulatory changes – for example, the introduction of the Approved Code of Practice and guidance EU Regulations for the Registration, Evaluation, Authorisation and restriction of Chemicals (REACH) Enforcement and Classification, Labelling and Packaging (CLP) L5 (Sixth edition) in 2008 – and to clarify the requirements of the Regulations. Published 2013 The book is for dutyholders and health and safety professionals, but managers and health and safety representatives may also find it useful.

HSE Books

© Crown copyright 2013

First published 1995 Second edition 1997 Third edition 1999 Fourth edition 2002 Fifth edition 2005 Sixth edition 2013

ISBN 978 0 7176 6582 2

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Approved Code of Practice

This Code has been approved by the Health and Safety Executive, with the consent of the Secretary of State. It gives practical advice on how to comply with the law. If you follow the advice you will be doing enough to comply with the law in respect of those specific matters on which the Code gives advice. You may use alternative methods to those set out in the Code in order to comply with the law.

However, the Code has a special legal status. If you are prosecuted for breach of health and safety law, and it is proved that you did not follow the relevant provisions of the Code, you will need to show that you have complied with the law in some other way or a Court will find you at fault.

Guidance

This guidance is issued by the Health and Safety Executive. Following the guidance is not compulsory, unless specifically stated, and you are free to take other action. But if you do follow the guidance you will normally be doing enough to comply with the law. Health and safety inspectors seek to secure compliance with the law and may refer to this guidance.

Contents

Introduction 5 The Regulations 7 Regulation 1 Citation and commencement 7 Regulation 2 Interpretation 7 Regulation 3 Duties under these Regulations 14 Regulation 4 Prohibitions relating to certain substances 16 Regulation 5 Application of regulations 6 to 13 17 Regulation 6 Assessment of the risk to health created by work involving substances hazardous to health 18 Regulation 7 Prevention or control of exposure to substances hazardous to health 26 Regulation 8 Use of control measures etc 42 Regulation 9 Maintenance, examination and testing of control measures 42 Regulation 10 Monitoring exposure at the workplace 48 Regulation 11 Health surveillance 54 Regulation 12 Information, instruction and training for persons who may be exposed to substances hazardous to health 60 Regulation 13 Arrangements to deal with accidents, incidents and emergencies 64 Regulation 14 Provisions relating to certain fumigations 70 Regulation 15 Exemption certificates 70 Regulation 16 Exemptions relating to the Ministry of Defence etc 71 Regulation 16A Modifications relating to the Office of Rail Regulation (a) 72 Regulation 17 Extension outside Great Britain 72 Regulation 18 Revocation and savings 72 Regulation 19 Extension of meaning of “work” 73 Regulation 20 Modification of section 3(2) of the 1974 Act 73 Regulation 21 Defence 73 Schedule 1 Other substances and processes to which the definition of “carcinogen” relates 74 Schedule 2 Prohibition of certain substances hazardous to health for certain purposes 76

Schedule 2A Principles of good practice for the control of exposure to substances hazardous to health 80 Schedule 3 Additional provisions relating to work with biological agents 81 Schedule 4 Frequency of thorough examination and test of local exhaust ventilation plant used in certain processes 90 Schedule 5 Specific substances and processes for which monitoring is required 91 Schedule 6 Medical surveillance 92 Schedule 7 Legislation concerned with the labelling of containers and pipes 93 Schedule 8 Fumigations excepted from regulation 14 94 Schedule 9 Notification of certain fumigations 96 Appendix 1 Notice of Approval 98 References 99 Further information 100

Introduction

1 This publication contains the Approved Code of Practice (ACOP) for the Control of Substances Hazardous to Health (COSHH) Regulations 2002 as amended by the:

■■ Control of Substances Hazardous to Health (Amendment) Regulations 2003 (SI 2003/978) ■■ Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 (SI 2004/568) ■■ Control of Substances Hazardous to Health (Amendment) Regulations 2004 (SI 2004/3386) ■■ Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006 (SI 2006/557) ■■ Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2007 (SI 2007/1573) ■■ Coal Dust (Control of Inhalable Dust) Regulations 2007 (SI 2007/1894) ■■ Legislative Reform (Health and Safety Executive) Order 2008 (SI 2008/960) ■■ Registration, Evaluation, Authorisation and restriction of CHemicals (REACH) Enforcement Regulations 2008 (SI 2008/2852) ■■ Chemicals (Hazard Information and Packaging for Supply) Regulations 2009 (SI 2009/716) ■■ Control of Asbestos Regulations 2012 (SI 2012/632)

2 The ACOP covers all substances to which the COSHH Regulations 2002 as amended apply.

3 This publication is aimed at dutyholders and health and safety professionals, but managers and health and safety representatives may also find it useful.

4 Material supporting regulations 7, 9, 10 and 11 has been updated to take account of regulatory changes, such as the introduction of the EU Regulations for REACH and Classification, Labelling and Packaging (CLP), and to clarify the requirements of the Regulations.

About ACOPs

5 Approved Codes of Practice are approved by the HSE Board with the consent of the Secretary of State (see Appendix 1: Notice of Approval for details).

6 The ACOP describes the preferred or recommended methods that can be used (or the standards to be met) to comply with the Regulations and the duties imposed by the Health and Safety at Work etc Act 1974 (HSW Act). The accompanying guidance also provides advice on achieving compliance, or it may give information of a general nature, including explanation of the requirements of the law, more specific technical information or references to further sources of information.

7 The legal status of ACOP and guidance text is given on page 2.

Presentation

8 In this publication, the ACOP text is set out in bold and the accompanying guidance in normal type, the text of the Regulations is in italics. Coloured borders also indicate each section clearly.

The Regulations

Regulation 1 Citation and commencement Regulation 1 These Regulations may be cited as the Control of Substances Hazardous to Health Regulations 2002 and shall come into force on 21st November 2002.

Regulation 2 Interpretation Regulation 2 (1) In these Regulations –

“the 1974 Act” means the Health and Safety at Work etc Act 1974;

“the Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 and adopted as respects Great Britain by the European Economic Area Act 1993;

“appointed doctor” means a registered medical practitioner appointed for the time being in writing by the Executive for the purpose of these Regulations;

“approved” means approved for the time being in writing;

“approved classification” of a biological agent means the classification of that agent approved by the Health and Safety Executive;(a)

“biological agent” means a micro-organism, cell culture, or human endoparasite, whether or not genetically modified, which may cause infection, allergy, toxicity or otherwise create a hazard to human health;

“carcinogen” means –

(a) a substance or preparation which if classified in accordance with the classification provided for by regulation 4 of the CHIP Regulations would be in the category of danger, carcinogenic (category 1) or carcinogenic (category 2) whether or not the substance or preparation would be required to be classified under those Regulations; or (b) a substance or preparation – (i) listed in Schedule 1; or (ii) arising from a process specified in Schedule 1 which is a substance hazardous to health;

“cell culture” means the in-vitro growth of cells derived from multicellular organisms;

“the CHIP Regulations” means the Chemicals (Hazard Information and Packaging for Supply) Regulations 2009;(b)

Regulation 2 “The CLP Regulation” means Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006;(b)

“control measure” means a measure taken to reduce exposure to a substance hazardous to health (including the provision of systems of work and supervision, the cleaning of workplaces, premises, plant and equipment, the provision and use of engineering controls and personal protective equipment);

“employment medical adviser” means an employment medical adviser appointed under section 56 of the Health and Safety at Work etc Act 1974;

“the Executive” means the Health and Safety Executive;

“fumigation” means an operation in which a substance is released into the atmosphere so as to form a gas to control or kill pests or other undesirable organisms and “fumigate” and “fumigant” shall be construed accordingly;

“Group”, in relation to a biological agent, means one of the four hazard Groups specified in paragraph 2 of Schedule 3 to which that agent is assigned;

“hazard”, in relation to a substance, means the intrinsic property of that substance which has the potential to cause harm to the health of a person, and “hazardous” shall be construed accordingly;

“health surveillance” means assessment of the state of health of an employee, as related to exposure to substances hazardous to health, and includes biological monitoring;

“inhalable dust” means airborne material which is capable of entering the nose and mouth during breathing, as defined by BS EN 481 1993;

“medical examination” includes any laboratory tests and X-rays that a relevant doctor may require;

“member State” means a State which is a Contracting Party to the Agreement;

“micro-organism” means a microbiological entity, cellular or non-cellular, which is capable of replication or of transferring genetic material;

“mine” has the meaning assigned to it by section 180 of the Mines and Quarries Act 1954;

“mutagen” means a substance or preparation which if classified in accordance with the classification provided for by regulation 4 of the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 would be in the category of danger, mutagenic (category 1) or mutagenic (category 2) whether or not the substance or preparation would be required to be classified under those Regulations;

“personal protective equipment” means all equipment (including clothing) which is intended to be worn or held by a person at work and which protects that person against one or more risks to his health, and any addition or accessory designed to meet that objective;

“preparation” means a mixture or solution of two or more substances;

Regulation 2 “public road” means (in England and Wales) a highway maintainable at the public expense within the meaning of section 329 of the Highways Act 1980 and (in Scotland) a public road within the meaning assigned to that term by section 151 of the Roads (Scotland) Act 1984;

“registered dentist” has the meaning assigned to it in section 53(1) of the Dentists Act 1984;

“relevant doctor” means an appointed doctor or an employment medical adviser;

“respirable dust” means airborne material which is capable of penetrating to the gas exchange region of the lung, as defined by BS EN 481 1993;

“risk”, in relation to the exposure of an employee to a substance hazardous to health, means the likelihood that the potential for harm to the health of a person will be attained under the conditions of use and exposure and also the extent of that harm;

“the risk assessment” means the assessment of risk required by regulation 6(1)(a);

“risk phrase” has the meaning assigned to it in regulation 2(1) of the CHIP Regulations;

“safety data sheet” means a safety data sheet within the meaning of Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals;(b)

“substance” means a natural or artificial substance whether in solid or liquid form or in the form of a gas or vapour (including micro-organisms);

“substance hazardous to health” means a substance (including a preparation) –

(a) which is listed in Table 3.2 of part 3 of Annex VI of the CLP Regulation(b) and for which an indication of danger specified for the substance is very toxic, toxic, harmful, corrosive or irritant; (b) for which the Health and Safety Executive(a) has approved a workplace exposure limit; (c) which is a biological agent; (d) which is dust of any kind, except dust which is a substance within paragraph (a) or (b) above, when present at a concentration in air equal to or greater than – (i) 10 mg/m3, as a time-weighted average over an 8-hour period, of inhalable dust; or (ii) 4 mg/m3, as a time-weighted average over an 8-hour period, of respirable dust; (e) which, not being a substance falling within sub-paragraphs (a) to (d), because of its chemical or toxicological properties and the way it is used or is present at the workplace creates a risk to health;

“workplace” means any premises or part of premises used for or in connection with work, and includes –

(a) any place within the premises to which an employee has access while at work; and (b) any room, lobby, corridor, staircase, road or other place – (i) used as a means of access to or egress from that place of work; or

Regulation 2 (ii) where facilities are provided for use in connection with that place of work, other than a public road.

“workplace exposure limit” for a substance hazardous to health means the exposure limit approved by the Health and Safety Executive for that substance in relation to the specified reference period when calculated by a method approved by the Health and Safety Executive, as contained in HSE publication “EH40 Workplace Exposure Limits 2005” as updated from time to time.

(2) In these Regulations, a reference to an employee being exposed to a substance hazardous to health is a reference to the exposure of that employee to a substance hazardous to health arising out of or in connection with work at the workplace.

(3) Where a biological agent has an approved classification, any reference in these Regulations to a particular Group in relation to that agent shall be taken as a reference to the Group to which that agent has been assigned in that approved classification.

(a) Transitional provisions specified by Legislative Reform (Health and Safety Executive) Order 2008/960. (b) Modified by the Chemicals (Hazard Information and Packaging for Supply) Regulations 2009/716.

Guidance 2 Substances hazardous to health

9 COSHH applies to a wide range of substances and preparations (mixtures of two or more substances) which have the potential to cause harm to health if they are ingested, inhaled, or are absorbed by, or come into contact with, the skin, or other body membranes. Hazardous substances can occur in many forms, including solids, liquids, vapours, gases and fumes. They can also be simple asphyxiants or biological agents (see paragraphs 14–23).

10 Employers should regard a substance as hazardous to health if it is hazardous in the form in which it may occur in the work activity. A substance hazardous to health need not be just a chemical compound, it can also include mixtures of compounds, micro-organisms or natural materials, such as flour, stone or wood dust.

11 Regulation 2(1) includes a number of specific definitions of a ‘substance hazardous to health’ for the purpose of these Regulations. However, sub- paragraph 2(1)(e) brings within the scope of the Regulations any substance not covered by the specific descriptions in sub-paragraphs (a)–(d) but, due to its chemical or toxicological properties and the way it is used or present at the workplace, creates a risk to health, for example animal fur, or dander, which can cause occupational asthma.

12 Dust of any kind can also become a substance hazardous to health under COSHH when it is present at concentrations in the air equal to or greater than 10 mg/m3 (as a time-weighted average over an eight-hour period) of inhalable dust or 4 mg/m3 (as a time-weighted average over an eight-hour period) of respirable dust. However, there may be dusts with no formal workplace exposure limit (WEL) which are not listed in CLP, but for which limits lower than 10 mg/m3 or 4 mg/m3 would be appropriate because of evidence of potential hazards to health. For these dusts, employers are advised to set their own in-house standards.

Guidance 2 13 The definitions of ‘inhalable dust’ and ‘respirable dust’ include references to BS EN 481:1993 Workplace atmospheres. Size fraction definitions for measurement of airborne particles.1 This is the English language version of the European Standard approved by the European Committee for Standardization (CEN).

14 COSHH covers those gases and vapours which, when present at high concentrations in air at the workplace, act as simple asphyxiants. These can displace the oxygen content to such an