In 2002, the Government brought in The Control of Substances Hazardous to Health Regulations (COSHH) in an effort to protect workers from the effects of hazardous substances.
The regulations lay out all the measures employers need to take to ensure their workplace is as safe as it can reasonably be.
It is in an employer's interests to comply with these regulations, as healthier employees will result in stable productivity levels and improved morale within the workforce. Following the regulations will also reduce the likelihood of a compensation claim being bought against them.
What must your employer do?
In order to comply with the regulations, there are eight steps that employers should follow.
Employers must:
1. Assess the risks: Risks to health from hazardous substances used in or created by workplace activities must be adequately assessed.
2. Decide what precautions are needed: Tasks should not be undertaken that could expose employees to hazardous substances without employers/managers first considering the risks, the necessary precautions and anything else they need to do to comply with COSHH. If it's found that there are risks to workers' health, then appropriate action must be taken.
3. Prevent or adequately control exposure: Employers must prevent their employees being exposed to hazardous substances. Where preventing exposure is not reasonably practicable, then they must adequately control it.Measures can include the provision of suitable protective equipment and using ventilation to limit exposure to the substance.
4. Ensure that control measures are used and maintained: Employers/managers must ensure that control measures are used and maintained properly and that safety procedures are followed.
5. Monitor the exposure: Employers must monitor the exposure of employees to the hazardous substances that are being worked with.
6. Carry out appropriate health surveillance: This must be done if an assessment has shown it is necessary or if COSHH sets specific requirements.
7. Prepare plans and procedures to deal with accidents, incidents and emergencies: This should be done for all work activity that risks exposure to hazardous substances.
8. Ensure employees are properly informed, trained and supervised: Employees should be provided with suitable and sufficient information, instruction and training for all substances and material they come into contact with. This includes access to any safety data sheets on the substance and the main findings of risk assessments.
Employer responsibility
The Health and Safety Executive states, all employers have a duty of care to protect the health, safety, and welfare of their employees.
If your employer fails to comply with the regulations and you end up suffering an injury or illness as a result of their negligence, then you should be able to claim compensation.
Support from top personal injury solicitors
The experienced personal injury solicitors at Thompsons have helped many unfairly injured workers claim the fair amount of compensation following exposure to hazardous substances.
We can give you all the guidance you need when making a claim. If you would like advice on making a compensation claim for a workplace accident, give us a call on 0800 089 1331. Our workplace injury claim solicitors will talk through the options with you and help you reach a decision on the best way forward.
