The legal duty
What COSHH 2002 requires from employers
The Control of Substances Hazardous to Health Regulations 2002 place three core duties on employers: assess the risk, prevent or control exposure, and carry out health surveillance where required.
COSHH 2002 reg. 6
Assessment
A suitable and sufficient assessment of the risk to health must be carried out before any work with a hazardous substance begins. The assessment must be reviewed regularly and whenever there is reason to suspect it is no longer valid.
COSHH 2002 reg. 7
Prevention and control
Exposure must be prevented or, where that is not reasonably practicable, adequately controlled. The hierarchy of control applies: elimination, substitution, engineering controls, administrative controls, and lastly personal protective equipment.
COSHH 2002 reg. 11
Health surveillance
Where the assessment identifies a risk to health and there is a valid technique for detecting the disease or condition, the employer must ensure health surveillance is carried out. Health records from surveillance must be kept for at least 40 years.