There is a vast and ever increasing quantity of chemical safety legislation. In the first three months of 1999, for example, a new set of the Control of Substances Hazardous to Health (COSHH) Regulations and two sets of the Chemicals (Hazardous Information and Packaging for Supply) (CHIP) Regulations came into force along with new legislation on asbestos and major accidents.

All this legislation offers a measure of protection to workers and the public; safety representatives need to be informed about its scope. Reps also need to understand the limits of the law and realise it does not provide enough protection on its own, not least because it is badly enforced.

COSHH

The COSHH Regulations came fully into force in 1990 and were amended twice 1999, though without changing the basic characteristics. They apply to virtually all workplaces and all chemicals except those with specific regulations of their own (see later). They do not cover compounds which are dangerous only because they have radioactive or asphyxiant properties, are at high temperature or extreme pressure, or have explosive or flammable properties. The Regulations come with an Approved Code of Practice (ACOP). Guidance on a number of specific industries has been published. Employers must carry out an assessment of the risks of chemicals to the health of their employees. The assessment must be reviewed if there is reason to believe it is no longer valid or if there is a significant change in the work to which it relates. Whoever does the assessment must be competent to do so. Safety reps are entitled to be consulted about assessments and to receive all the information on which they are based. Employers must introduce appropriate measures to safeguard the health of exposed workers. The first priority is to eliminate the use of toxic materials. If that is not reasonably practicable, employers should introduce suitable control measures. Only as a last resort should they provide personal protective equipment (PPE).

Control measures should be fully and properly used. They should be periodically maintained, examined and tested to ensure they are in working order. PPE must be kept clean. Records of test and inspections must be kept for five years.

Monitoring of exposure must be performed when required to protect health and records must be kept for 40 years for identifiable employees. Health surveillance of employees should be carried out in certain circumstances.

Employees and those carrying out risk assessments must be given information, instruction and training to enable them to carry out their duties safely.

Compliance with the COSHH Regulations has always been poor. Enforcement is weak and surveys have shown that many managers are unaware of their duties. The situation is particularly unsatisfactory among small and medium enterprises.

Under COSHH, occupational exposure limits (OELs) to chemicals have status in law. There are two types of OEL: Occupational Exposure Standards (OESs) (workers must not be exposed to levels above the OES) and Maximum Exposure Limits (MELs) (for more dangerous compounds; exposures must be kept below the MEL and as low as reasonably practicable). Lists of MELs and OESs are published annually and are periodically reviewed. Many OELs lack a rigorous scientific basis.

Carcinogens and biological agents

Specific ACOPs have been published on carcinogens and on biological agents. The Carcinogens ACOP defines higher standards of risk assessment, exposure or control, monitoring, health surveillance, and the provision of information, etc. than for general chemicals. It also prohibits the use of certain substances without an Exemption Certificate.

Biological agents are classified into one of four groups according to the risk of infection. Detailed containment requirements are specified for each group. Detailed guidance is given on the factors to be taken into account in a risk assessment and on the control measures which should be applied as a result of this assessment. Requirements for the maintenance, examination and testing of PPE and for the information to be provided to employees are higher than for general chemicals. Employers must keep lists of employees exposed to the more dangerous agents. Employers must notify the Health and Safety Executive (HSE) of the use and transport of biological agents.

CHIP

The CHIP Regulations first came into force in 1994; five subsequent sets of amendments were published by 1999. They require suppliers and manufacturers of chemicals to identify the hazards of the chemicals they provide, provide information about the hazards of chemicals via labels and safety data sheets, and package chemicals safely. Requirements for the transport of chemicals are covered by the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations which were once part of CHIP.

Part of CHIP 99, the Approved Supply List, classifies more than 2500 substances according to their health and safety effects; they appear on labels as pictograms, risk phrases (R phrases) and safety phrases (S phrases). Suppliers must classify chemicals not on the list; guidance on this is given in the Approved Classification and Labelling Guide.

Safety data sheets must be provided with all dangerous chemicals and must contain information under the following headings:

identification of the substance/preparation and company composition/information on ingredients hazards identification first aid measures fire fighting measures accidental release measures handling and storage exposure controls/personal protection physical and chemical properties stability and reactivity toxicological data ecological data disposal transport information regulatory information other information

Safety data sheets vary widely in quality and should never be treated as an authoritative source of information. Their compilation by the end users of chemicals does not in itself constitute a COSHH assessment.

Lead, asbestos and pesticides

Those chemicals which were separately regulated before COSHH came in continue to have their own legislation. The latest version of the Control of Asbestos at Work Regulations came into force in 1999, somewhat extending the duties of employers to prevent the exposure of their employees to asbestos and to assess their likely exposure. At the same time the Asbestos Licensing Regulations were also tightened up: these cover the requirement of contractors to obtain licenses to work with asbestos. The Asbestos Prohibitions Regulations cover the import. use or supply of asbestos. A more or less total ban on asbestos is expected soon.

The regulation of work with lead has a long history and the latest legislation came into force in 1998. This furthered reduced the maximum permissible level of lead in blood and strengthened the duty of employers to take measures to prevent exposure.

In addition to duties under COSHH, the use of pesticides is also covered by the Food and Environmental Protection Act, the Control of Pesticides Regulations and the Plant Protection Products Regulations. Each year the HSE, in conjunction with the Ministry of Agriculture, publishes a list of pesticides approved for use.

Major accidents

Planning for emergencies and major accidents involving dangerous chemicals is covered by Control of Major Accident Hazards Regulations.

Planned legislation

The European Chemical Agents Directive must be implemented in the UK before May 2001. It is similar to COSHH but will require new legislation on emergencies, fires and explosions.

Further information

Chemical Hazards Handbook: A workers' guide to chemical hazards and how to avoid them, London Hazards Centre, 1999, ISBN 0 948974 15 X, 7 to trade unions and community organisations Hazardous Substances at Work: A safety reps' guide, Labour Research Department, 1996

HSE publications on legislation:

Control of Substances Hazardous to Health Regulations 1999, comprising the General COSHH ACOP, the Carcinogens ACOP and the Biological Agents ACOP, 1999, ISBN 0 7176 1670 3 Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 1999, S.I. No. 1999/197, ISBN 0 11 080410 4 Control of Lead at Work Regulations 1998, S.I. 1998/543 Control of Asbestos at Work (Third Edition) Regulations 1999, ISBN 0 7176 1673 8

These titles are available from HSE Books, PO Box 1999, Sudbury, Suffolk CO10 6FS; tel 01787 881165; fax 01787 313995

Pesticides 1999: Your guide to approved pesticides, 1999, ISBN 0 11 243048 1, available from the Stationery Office, mail orders PO Box 276, London SW8 5DT; tel orders 0171 873 9090; fax orders 0171 873 8200

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