What is COSHH? Your responsibilities as an employer

Over half a million people were injured in the workplace last year according to the Health and Safety Executive (HSE). For small businesses, the results of a workplace injury could be catastrophic without the right level of insurance – from the cost of legal fees, to staff shortages and reputational damage.

So if you deal with hazardous substances, you’re legally obliged to follow COSHH regulations – designed to help keep you and your employees safe. Read on to understand the most important aspects of COSHH and what you need to do to make sure you’re compliant. 

What is COSHH? And why does it matter to employers? 

COSHH provides a framework for preventing or limiting exposure to harmful fumes, chemicals, and corrosive substances. 

Substances covered by COSHH include: 

• chemicals – any element or compound
• products containing chemicals
• fumes 
• dusts
• vapours
• mists
• nanotechnology – some nanomaterials may be more reactive, more easily inhaled, or able to penetrate the skin easily
• gases and asphyxiating gases 
• biological agents – bacteria, viruses, fungi, and other microorganisms
• germs that cause diseases – leptospirosis or legionnaires disease, for example

COSHH does not cover: 

• lead – covered under the Control of Lead at Work Regulations 2002
• asbestos – which has its own set of regulations under the Control of Asbestos Regulations 2012
• radioactive substances – covered by the Radioactive Substances Act 1993

COSHH should form part of your health and safety policy, along with your other measures around personal protective equipment (PPE) and working from height, for example. 

What are the three main regulations of COSHH?

COSHH regulations are comprehensive but are often summarised into three key areas:

1. COSHH risk assessment

A risk assessment is the foundation of COSHH. As an employer, you have a legal duty to identify the hazardous substances in your workplace and evaluate their potential risk. 

You need to think about the harmful substances in your workplace but also about your process. 

If you work with chemicals, there is clearly a risk. But if you’re regularly sanding or welding, you need to consider the fumes and debris as a risk too. 

According to COSHH guidelines, a competent person needs to complete the risk assessment. If the risks at your business are basic, you can probably do it yourself. But if your workplace poses complex risks, you’ll probably need an occupational health and safety consultant to complete the assessment.

Once your risk assessment is complete, you need to determine how you’re going to mitigate these risks to your employees.   

2. Control of exposure

COSHH outlines how employers can effectively manage the risks in their workplace. There’s a step-by-step process you need to follow when assessing each hazardous substance: 

• elimination – can you remove the substance all together?
• substitution – can you replace the hazardous substance with a less dangerous one?
• engineering controls – what physical measures, like ventilation, can you use?
• administrative controls – what practices can you bring in to make sure your staff are working as safely as possible?
• PPE – what protective equipment do your employees need to keep them safe? 
  

3. Health surveillance

Health surveillance means monitoring your workers’ health to detect any early signs of sickness. If they become sick, you need to make sure they get the appropriate medical attention. 

Health surveillance is necessary when you think there’s a legitimate risk posed in your workplace. The HSE has a checklist for employers to help determine if health surveillance is necessary, with questions such as:

• what are the hazards to health in my workplace? 
• what are the risks they pose?
• does my risk assessment sufficiently cover the risks?
• is there still a health risk? 
• do I need to consider health surveillance?

Health surveillance should be carried out by a competent person, such as an occupational health professional. 

Do you need to provide COSHH training to staff?

Yes, you do. It’s a legal requirement under COSHH regulations to educate your employees about the potential risks in your workplace and how to mitigate them. 

If you’ve got a good understanding of COSHH, and the risks in your business aren’t overly complex, you can train your employees yourself. You just need to make sure you: 

• identify hazardous substances 
• share your risk assessment  
• share your control measures
• teach safe work practices
• explain emergency procedures

But if the risks are more complex, or you don’t understand COSHH regulations well enough, someone qualified will need to deliver the training. This can be done in person or online. 

Make a record of the training they take, including the:

• content of the training 
• list of employees who attended
• name and qualifications of the trainer
• date of training

This will be useful if HSE investigates an accident in your workplace. 

Make sure your staff know the COSHH symbols 

The UK has adopted the Globally Harmonised System of Classification and Labelling of Chemicals (GHS) for its hazard symbols. This means the symbols used in the UK are the same as those used internationally.

The symbols will typically be placed on the containers of substances to indicate what risk they pose. Flammable, corrosive, health hazard, and explosive are common symbols you’d find, but there’s also: 

• gas under pressure
• oxidising 
• acute toxicity 
• hazardous to environment 
• serious health hazard 

Make sure these hazard symbols are a part of your training and that they’re used appropriately on your worksite.

What happens if you don’t follow COSHH regulations? 

The HSE can issue unlimited fines for COSHH breaches and employers can even face criminal prosecution in more serious cases. 

If you’re not following COSHH regulations correctly, the HSE will issue an enforcement notice. You’ll be given a certain amount of time to improve your workplace safety.

If you fail to make the changes. the HSE can escalate to fines, prosecution, and even business closure.

More useful guides for employers

• What is employers’ liability?
• A small business guide to fire safety
• How to write a staff handbook
• What is statutory sick pay?