Where Does COSHH Apply?

COSHH is a health and safety law, so if you don't comply with it, you could be in trouble.

But where does COSHH apply?

COSHH applies to every workplace, to employers, the self-employed, and employees. But it won't apply to every aspect of your work, only where you use or produce hazardous substances.

Let's start by understanding what COSHH means.

COSHH stands for the Control of Substances Hazardous to Health Regulations.

COSHH is a piece of UK legislation that applies to all uses of hazardous substances at work. In a nutshell, COSHH requires employers to control substances that are hazardous to health. And because hazardous substances can be found in most businesses, COSHH applies to most workplaces.

COSHH is something that all employers need to know about. Because COSHH applies to every employer.

7.—(1) Every employer shall ensure that the exposure of his employees to substances hazardous to health is either prevented or, where this is not reasonably practicable, adequately controlled.

Even the self-employed need to be aware of COSHH. The COSHH regulations apply, even if you have no employees (apart from the sections of monitoring and health surveillance). If you do have employees, then the regulations apply in full.

3.—(2) These Regulations shall apply to a relevant self-employed person as they apply to an employer and an employee and as if that relevant self-employed person were both an employer and an employee, except that regulations 10 and 11 shall not apply to a relevant self-employed person.

And employees have responsibilities under COSHH too!

2. Every employee shall make full and proper use of any control measure, other thing or facility provided in accordance with these Regulations [...]

So COSHH applies to all workplaces, and to all substances that are hazardous to health. What are substances that are hazardous to health?

Chances are, COSHH applies to your workplace, even if you don't think that the substances you use at work are harmful. Because COSHH doesn't just apply to toxic chemicals or flammable liquids. COSHH applies to a whole range of substances: cleaning chemicals, inks, paints, soaps, dyes, wood dust, fuels, engine fumes, etc.

A hazardous substance can be any substance, whether solid, liquid or gas, that may cause harm to health, including:

• Chemicals
• Products containing chemicals
• Fumes
• Dust
• Vapours
• Mists
• Nanotechnology
• Gases and asphyxiating gases
• Biological agents (germs) - if the packaging has any of the hazard symbols then it is classed as a hazardous substance
• Germs that cause diseases such as leptospirosis or legionnaires disease and germs used in laboratories

High-risk chemicals and toxic gases are easily recognised as hazardous. But they are not the only substances to be aware of. Common substances such as paint, bleach, cleaning substances, inks, sprays or dust from natural materials may also be harmful.

And COSHH doesn't just apply to the substances you use, but also the ones you produce. Fumes and dust could be created as part of your work process. Or you might mix two substances, creating a new substance, with different hazards.

So how do you know if a substance is hazardous? Well, there are a few ways to check. You might notice a little red diamond on its container.

There are 9 different types of these pictograms, and you may find one or more of them on bottles and packaging of substances you use in your workplace. These symbols indicate that a substance is hazardous. You can find out more in The 9 COSHH Hazard Symbols (Meanings And What They Look Like).

Or, it may be assigned a workplace exposure limit (WEL) by the HSE. These are legal limits for exposure to substances, you must stay below these limits to comply with the law and keep people safe.

You can find out more about workplace exposure limits in our blog post COSHH Workplace Exposure Limits (WELs) Explained.

With the substances you produce, you might identify these from a review of your work processes, or during a risk assessment. Or you might notice a dusty atmosphere or a funny smell. These are signs that a hazardous substance could be present.

Find out more about identifying hazardous substances in What Substances Does COSHH Cover?

Now you know that COSHH applies, how can you make sure you are complying with the law and protecting your team from harm? Well, COSHH is all about identifying and controlling the risks that hazardous substances present. And all substances are different.

Harm to health may happen suddenly (acute), such as dizziness, nausea and itchy eyes or skin. And then it is pretty obvious that you need to act quickly, and work conditions can become difficult for those exposed. But it can also happen gradually over many years (chronic), such as dermatitis or cancer. This is just as serious and often irreversible, so it's important to act quickly, but it might not be as obvious when harm is happening.

The first step with any hazardous substance then - is to assess the risk. What harm could it cause? Who is exposed? How long are they exposed? How can exposure be eliminated or reduced? How can the work be completed safely? This is what's known as a COSHH assessment.

If you're not sure what a COSHH assessment is, or how to complete one, we've got you covered. Find out more in What Is A COSHH Assessment?

Remember, where a substance is hazardous to health in any form*, the COSHH regulations apply.

*Some substances and materials such as asbestos, lead and radioactive substances have their own specific regulations.

Need help with COSHH? Start your COSHH register today with our free template to help you identify the hazardous substances in use, and download COSHH assessment templates for your work activities.