Hazardous substances include biological agents and carcinogens (any substance recognised as having a potential to cause cancer).
What law applies?
(Both are known as the 'COSHH' regulations.)
Biological agents include bacteria, parasites, viruses, cell cultures and other microorganisms. They're classified into 4 groups according to their severity, the risk of infection, how easily and quickly they can pass from one person to another, and the availability of treatment.
Biological hazards don't just apply to hospitals and research laboratories. Employees who have contact with poor, vulnerable or unwell people, such as charity workers and residential home staff, are also at risk.
Under COSHH, you and your employees have to obey certain rules when dealing with biological agents, including:
You must also identify:
A carcinogen is any substance that has the potential to cause cancer. Hardwood dust is one example.
A mutagen is a substance that can alter chromosomes or genes.
The 5-step approach to risk assessments is vital when considering carcinogens or mutagens because it can take many years for the ill-health effects to surface. There may not be any early warnings of bad side effects and treatment options may be limited.
The risk assessment should identify if carcinogens or mutagens are present. If so, it should also identify the nature and extent of the risk. You must plan and take effective control measures and other precautions. If possible, don't use carcinogens or mutagens, or produce them as waste or by-products.
If it's not reasonably practical to prevent exposure by using alternative substances or processes, you must carry out other requirements.
If possible, enclose the process and handling systems. If this isn't possible, you must:
You must provide suitable Personal protective equipment if the above doesn't adequately control the risk of exposure.
If carcinogens and mutagens have escaped into the workplace, the employer must immediately tell those who may be affected. Only those carrying out repairs and other necessary work should be allowed in that area. You must provide them with suitable PPE, including respiratory protective equipment.
It's normally necessary to regularly monitor the air.
A health check is appropriate in all cases of exposure unless it's controlled so that there is no reasonable likelihood of an identifiable disease or any adverse health effects.
It may not be immediately obvious to spot ill-health effects, so it's particularly important that you give information, training and instructions of high standard. You can't presume that there is no risk of cancer from exposure until you completely prevent employees from being exposed.
Suppliers that provide dangerous substances and preparations (mixtures), including chemicals and animal and vegetable matter, must give information about the hazards on labels and package the chemicals safely so that the contents won't accidentally spill.
What law applies?
The classification, labelling and packaging of dangerous substances are regulated by the following regulations:
The EU CLP Regulations were introduced to harmonise the rules of classifying, labelling and packaging dangerous substances and mixtures in the EU, following agreement by the United Nations and the development of a 'Globally Harmonized System' of classification and labelling chemicals.
The above regulations have since been brought into UK law as a result of Brexit. The UK version of these regulations are known as:
However, the EU regulations mentioned above will continue to apply in Northern Ireland.
As a result, classification of chemicals placed on the market in Great Britain are regulated by the GB CLP, with HSE as the overseeing agency. But those placed on the market in Northern Ireland are regulated by the EU CLP, with the European Chemicals Agency (ECHA) as the overseeing agency.
If a product is classified as hazardous then the labelling is intended to tell the user what chemicals are contained in the product, what the dangers are when using it, and how to avoid them. The hazard label is made up of specific symbols (pictograms) and written warnings. These words and pictograms are decided by law and specific ones need to be used depending on what hazardous properties are in the product.
The UK REACH regulation requires Safety data sheets to show information on chemical products that helps users in the workplace to use them safely. It also helps you carry out a COSHH risk assessment as it sets out the hazards of the products, which then enables you to consider whether those hazards will arise in your workplace and what mitigating actions you can take.
You don't have to give safety data sheets to your employees. However, it's still necessary to give them all the information necessary to ensure their health and safety at work. This means that the information contained in safety data sheets should be made available to them.
The HSE and HSENI websites have a lot of useful information including specific pages on: