Import prohibited

Import is prohibited into the UK, other than from another EU member state or member of the European Economic Area, of (reg.4(2)):

• 2-naphthylamine, benzidine, 4-aminodiphenyl, 4-nitrodiphenyl, their salts and any substance containing any of those compounds in a total concentration equal to or greater than 0.1% by mass;
• Matches made with white phosphorus.

Contravention is an offence under the Customs and Excise Management Act 1979 rather than health and safety regulations.

Supply prohibited

Supply is prohibited, during the course of work or for use at work, of (reg.4(3), (4)/ Sch.2, item.11):

• Any of the substances whose import is prohibited;
• Benzene and any substance containing benzene in a concentration equal to or greater than 0.1% by mass, but excluding:
  • Motor fuels covered by Council Directive 85/210/EEC;
  • Waste covered by Council Directive 75/442/EEC.

Prohibited for specified purposes

Use of the following substances is prohibited for the purposes specified (reg.4(1)/ Sch.2):

Risk assessment

Regulation 6 requires that an employer should not carry out work liable to expose employees and non-employees, such as members of the public^[13] to a substance hazardous to health without a risk assessment and implementation of the steps necessary to comply with the regulations. The assessment must include consideration of any information provided by the supplier of a substance (CHIPS) (reg.6(2)(b)) and must be reviewed regularly, and also when there is reason to think the assessment is no longer valid, if the system of work is changed or if necessary because of the results of health monitoring (reg.6(3)). The assessment must also consider any occupational exposure limit, in particular, those mandated by the HSE (reg.6(2)(f))^[14] or by the workplace activities ^[15]

Prevention or control of exposure

Regulation 7 requires that an employer prevent exposure to hazardous substances or, if this is not reasonably practicable, that they adequately control exposure. One of the main points of the COSHH risk assessment is to identify the measures that are to be used to avoid a hazard or reduce the level of risk associated with a hazard. Employers must ensure that exposure to hazardous substances is prevented or, if this is not reasonably practicable, adequately controlled. Ideally, this will mean preventing exposure by:

• removing hazardous substance, by changing the process;
• substituting it with a safe or safer substance, or using it in a safer form.

Where this is not reasonably practicable, controlling exposure by, for example:

• totally enclosing the process (such as a shot-blasting box);
• using partial enclosure and/or extraction equipment (such as a spray painting booth);
• general ventilation;
• using safe systems of work and handling procedures (written procedures, etc.).

It is for the employer to decide on the method of controlling exposure. The regulations, however, limit the use of personal protective equipment (e.g. respirators, dust marks, protective clothing), as the means of protection to only those situations where other measures cannot adequately control exposure.

Use of control measures

Employers must take all reasonable steps to ensure that control measures, and any necessary equipment of facilities, are properly used or applied (reg.8(1)). Employees must use the control measures properly, return them after use and report any defective equipment (reg.8(2)).

Maintenance and testing of control measures

Regulation 9 requires that employers maintain control measures in efficient working order and in good repair, with thorough examination and testing of local exhaust ventilation plant generally every 14 months, and for other controls "at suitable intervals".^[16]

Monitoring exposure

Where the risk assessment indicates that workplace monitoring of exposure is necessary, the employer must perform such monitoring unless they can demonstrate another means of preventing or controlling exposure (reg.10). Monitoring must be at regular intervals in addition to when a change occurs that may affect exposure (reg.10(3)). There is mandatory monitoring for (reg.10(4)):

Health surveillance

Regulation 11 requires that health surveillance of employees is carried out where:

• An identifiable disease or adverse health effect may be related to the exposure;
• There is a "reasonable likelihood" that the disease or health effect may occur under the particular conditions of work;
• Valid techniques exist for detecting indications of the disease of health effect; and
• The technique presents a low risk to the employee;

— or where there is exposure to any of the following substances in the specified occupations:

Information, instruction and training

Regulation 12 demands that all employees liable to exposure to hazardous substances are provided with suitable and sufficient information, instruction and training, including:

• Details of the hazardous substances including:
  • Names of substances and the risk that they present to health;
  • Any relevant occupational exposure standard, maximum exposure limit or similar occupational exposure limit;
  • Access to any relevant safety data sheet;
• Other legislative provisions which concern the hazardous properties of those substances;
• Significant findings of risk assessment;
• Appropriate precautions and actions to be taken by the employee in order to safeguard himself and other employees at the workplace;
• Results of any monitoring of exposure and, in particular, in the case of a substance hazardous to health for which a maximum exposure limit has been approved, the employee or his representatives shall be informed forthwith, if the results of such monitoring show that the maximum exposure limit has been exceeded; and
• Collective results of any health surveillance undertaken in a form calculated to prevent those results from being identified as relating to a particular person.

Some biological agents can cause severe human disease and be a serious hazard to employees. Further diseases may be likely to spread to the community and there may be no effective prophylaxis or treatment available. Where employees are working with such an agent, or material that may contain such an agent, they must be provided with written instructions and, if appropriate, notices must be displayed that outline the procedures for handling such an agent or material.

Accidents, incidents and emergencies

Regulation 13 requires that employers prepare for possible accidents, incidents and emergencies involving hazardous substances by:

• Preparing emergency procedures, including provision of first aid;
• Making available technical information on possible accidents and hazards and bringing it to the attention of the emergency services; and
• Installing alarms and other warnings and communication systems.