New approach to good practice and exposure limits for chemicals

HSE press release E046:05 - 01 April 2005

From 6 April, a new focus on good practice will help employers prevent their employees' health being harmed by the chemicals used in their workplace. Control of Substances Hazardous to Health Regulations (COSHH).

The existing requirements to follow good practice are being clarified and brought together by the introduction of eight principles in the Control of Substances Hazardous to Health (Amendment) Regulations 2004. Employers who do not follow these principles will not be properly protecting their employees.

Guidance on applying the principles will also be published on 6 April to help employers and in the coming months case studies illustrating good practice will be published on HSE's website.

In addition the regulations introduce a new, simpler occupational exposure limit system. Maximum Exposure Limits (MELs) and Occupational Exposure Standards (OESs) will be replaced with a single type of limit - the Workplace Exposure Limit (WEL). All the MELs, and most of the OESs, are being transferred into the new system as WELs and will retain their previous numerical values.

Michael Topping, Chair of the OEL Working Group of the Health and Safety Commission's Advisory Committee on Toxic Substances said:

"The new system is about clarifying existing duties, rather than introducing new ones. Therefore, employers who currently comply with COSHH will still be able to do so by continuing to apply good practice. However, small businesses in particular should benefit from the explicit emphasis on the need to follow good practice and the provision of good practice advice. This new approach will contribute to HSE's aim to reduce the burden of ill health caused by exposure to chemicals at work."

Following consultation, HSC has agreed new limits for Refractory Ceramic Fibres and Subtilisins, which will come into force on 6 April.

As the numerical values of the other limits being transferred to the new system are unchanged, suppliers may exhaust stocks of safety data sheets that refer to MELs and OESs before producing new ones that refer to WELs. Similarly, COSHH assessments can be updated as part of duty holders' periodic reviews.

Good practice advice on controlling chemicals is available at HSE's COSHH Essentials website http://www.coshh-essentials.org.uk.

New versions of the COSHH Approved Code of Practice; EH40 (the list of exposure limits); and the brief guide to COSHH leaflet will be available from HSE Books (http://books.hse.gov.uk)

Notes to editors

1. The Control of Substances Hazardous to Health Regulations (COSHH) aim to protect workers (and others who may be affected) from the adverse health effects of substances used at work. COSHH obliges employers to assess the risks arising from their use of substances hazardous to health and to take steps to prevent or adequately control exposure.
2. As of 6 April, adequate control of exposure requires employers to:
   • apply the eight principles of good practice for the control of substances hazardous to health (regardless of whether a substance has an exposure limit);
   • ensure that the WEL is not exceeded; and
   • ensure that exposure to substances that can cause occupational asthma; cancer; or damage to genes that can be passed from one generation to another; is reduced as low as is reasonably practicable.
3. The OESs for around 100 substances will be deleted as the substances are now banned, scarcely used or there is evidence to suggest adverse health effects close to the old limit value.
4. The new system is the result of proposals by a Working Group of the Health and Safety Commission's Advisory Committee on Toxic Substances (ACTS). Members of the group included representatives from industry, trade unions and independent experts.
5. New restrictions on the amount of chromium VI in cement came into force on 17 January 2005 under The Control of Substances Hazardous to Health (Amendment) Regulations 2004 (COSHH 2004). See Press Release E006:05 for more details http://www.hse.gov.uk/press/2005/e05006.htm

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