Changes to hazardous substances regulations?


In 2016, the HSE consulted on proposals to revise three sets of hazardous substances regulations, including merging COSHH with the Control of Lead Regulations 2002 and the Dangerous Substances and Explosive Atmospheres Regulations 2002. 


The review aimed to simplify and modernise the regulatory framework and included an online survey and focus groups. A discussion document was planned for June 2017 but it did not go ahead due to the snap general election. 


The HSE analysed the findings of the review and says it will revise guidance in this area and develop case studies to help employers understand what is expected of them to achieve compliance when using and controlling hazardous substances in various sectors and activities.


A key finding of the review was that the current requirement in COSHH for thorough examination and testing of LEV every 14 months does not ensure that LEV plant is contributing to control of dust or fume. It is possible for LEV plant to pass an examination or test as it is operating as originally intended, but not effectively contributing to control — because it is not properly designed for the purpose it is used for or it has not been correctly commissioned, for example. The HSE says it will carry out further research in order to “strengthen the evidence base to inform any potential future legislative change in this area”.


It is also looking at potential amendments to COSHH as part of any future amendment to the Regulations, such as transposition of the amended carcinogens and mutagens directive (see pages 100-101). Changes may include simplification of the definition of dust and removal of Schedule 6, which relates to medical surveillance requirements for certain substances and processes.