COSHH Regulations 2002 — Full Technical Reference for UK Businesses
COSHH Regulations 2002 — Full Technical Reference for UK Businesses
The Control of Substances Hazardous to Health Regulations 2002 (SI 2002/2677), commonly referred to as COSHH, represent the primary legislative framework governing the management of hazardous substances in UK workplaces. Implemented under the enabling power of the Health and Safety at Work etc. Act 1974, COSHH imposes comprehensive duties on employers to assess, prevent, control, and monitor occupational exposure to chemical, biological, and other hazardous agents. This technical reference provides a detailed analysis of all 21 Regulations and the seven Schedules, with particular focus on enforcement obligations and compliance requirements relevant to organisations handling chemical substances, oils, and hazardous materials.
Structure of the COSHH Regulations 2002
COSHH 2002 comprises 21 Regulations and 7 Schedules. The Regulations establish a clear hierarchy of duty, moving from the initial duty to assess (Regulation 6) through to enforcement and penalty provisions. The following provides a Regulation-by-Regulation analysis:
Regulation 1 — Citation and Commencement: The Regulations came into force on 21 November 2002, revoking and replacing the COSHH Regulations 1994 (SI 1994/3246) in their entirety.
Regulation 2 — Interpretation: Defines key terms including "substance hazardous to health" (referencing substances in Schedule 1 or assigned a WEL, as well as biological agents, dust in concentrations exceeding 4mg/m³ respirable or 10mg/m³ inhalable, and any substance that causes comparable hazard). "Adequate control" is defined in Regulation 7(1) as preventing exposure or, where prevention is not reasonably practicable, reducing it to the lowest level reasonably practicable.
Regulation 3 — Duties under these Regulations: Extends duties to self-employed persons and to employers in relation to employees of other undertakings who may be affected by their activities.
Regulation 4 — Prohibitions relating to certain substances: Certain substances listed in Schedule 2 are subject to absolute prohibitions on importation, supply, or use, including specific compounds of benzene and beta-naphthylamine.
Regulation 5 — Application of Regulations 6–13: Establishes that Regulations 6–13 apply to any work which is liable to expose any employee to a substance hazardous to health.
Regulation 6 — Assessment of health risks created by work involving substances hazardous to health: This is the foundational duty. Employers must not carry out work liable to expose employees to hazardous substances unless a suitable and sufficient assessment of the risks to health has been made. The assessment must identify the hazardous substances present, the nature and degree of exposure, the control measures required, and must be reviewed when there is reason to suspect it is no longer valid. Where five or more employees are employed, the significant findings must be recorded.
Regulation 7 — Prevention or control of exposure to substances hazardous to health: Every employer must ensure that exposure is either prevented, or where prevention is not reasonably practicable, adequately controlled. Adequate control is achieved when exposure does not exceed the WEL for that substance (where one exists) and, for carcinogens and mutagens, exposure has been reduced to as low a level as is reasonably practicable. The hierarchy of controls mandates elimination first, then substitution, then enclosure, local exhaust ventilation, general ventilation, safe systems of work, and finally PPE. Regulation 7(1) makes clear that reliance on PPE alone is only permissible where other measures are not reasonably practicable. The duty is absolute in respect of WEL compliance — exceeding a WEL constitutes a breach regardless of ALARP arguments.
Regulation 8 — Use of control measures etc.: Employers must ensure control measures are properly used, and employees have a duty to use control measures provided.
Regulation 9 — Maintenance, examination and testing of control measures: Engineering controls must be subject to thorough examination and testing at specified intervals: local exhaust ventilation systems must be examined and tested at least every 14 months (or more frequently as specified in Schedule 4).
Regulation 10 — Monitoring exposure at the workplace: Where monitoring is necessary to ensure maintenance of adequate control or to protect employee health, employers must carry out air monitoring. For specific substances in Schedule 5 (including lead), biological monitoring is required. Records of monitoring must be kept for at least 5 years (40 years for carcinogen exposure).
Regulation 11 — Health surveillance: Where employees are exposed to substances in Schedule 6, or where there is a reasonable likelihood that an identifiable disease or adverse health effect may be related to exposure, and surveillance is likely to further protect employee health, employers must provide health surveillance. Individual health records must be kept for 40 years from the date of last entry where the substance is a carcinogen, or for 5 years in other cases. Employees have a right of access to their own records.
Regulation 12 — Information, instruction and training: Employers must provide employees with suitable and sufficient information, instruction, and training including: details of the substances, risks to health, precautions to take, how to use control measures, and emergency procedures.
Regulation 13 — Arrangements to deal with accidents, incidents and emergencies: Procedures, including the provision of appropriate first aid facilities, warning systems, and emergency equipment, must be established and maintained for situations where accidental release of a hazardous substance may occur.
Regulations 14–21 deal with specific provisions for biological agents, fumigations, defence exceptions, and enforcement.
Workplace Exposure Limits vs Occupational Exposure Standards
Prior to 2002, the COSHH framework distinguished between Maximum Exposure Limits (MELs) and Occupational Exposure Standards (OESs). MELs were absolute limits that must not be exceeded; OESs represented benchmark concentrations considered safe. The 2002 Regulations replaced both with Workplace Exposure Limits (WELs), published in EH40 (Workplace Exposure Limits, 4th edition, updated 2020). WELs apply as 8-hour time-weighted averages (TWA) and/or 15-minute short-term exposure limits (STEL). Critically, WELs are legal maxima — exceeding them constitutes a breach of Regulation 7(7), which creates strict liability.
COSHH Schedules — Summary
| Schedule | Title | Key Provisions |
|---|---|---|
| Schedule 1 | Additional substances and processes which are hazardous to health | Lists substances including rubber dust, coal dust, cotton dust, and wood dust as hazardous by definition |
| Schedule 2 | Prohibition of certain substances hazardous to health for certain purposes | Absolute prohibitions on importation, supply or use of certain benzene compounds and beta-naphthylamine |
| Schedule 3 | Fumigations to which Regulation 16 does not apply | Specifies fumigation processes exempt from certain notification requirements |
| Schedule 4 | Frequency of thorough examination and test of local exhaust ventilation plant used in certain processes | Monthly to 14-monthly intervals depending on process (e.g., blasting = 1 month; jute = 14 months) |
| Schedule 5 | Specific substances and processes for which monitoring is required | Includes vinyl chloride monomer, nitro/amino compounds, lead, and processes involving benzene; specifies monitoring frequency |
| Schedule 6 | Medical surveillance | Lists substances requiring medical surveillance including vinyl chloride, nitro compounds, potassium/sodium chromate, and coal tar pitch volatiles |
| Schedule 7 | Legislation concerned with the labelling of containers and pipes | Specifies labelling requirements cross-referencing to the Classification, Labelling and Packaging Regulation (CLP/GHS) |
Record Keeping Obligations Under COSHH
COSHH imposes specific record retention obligations that carry significant legal weight:
- Health surveillance records (Regulation 11): Minimum 40 years for carcinogen or biological agent exposure; minimum 5 years for all other substances
- Exposure monitoring records (Regulation 10): Minimum 40 years for carcinogen/mutagen exposures; minimum 5 years for all other substances
- COSHH assessment records (Regulation 6): Must be kept current and updated when circumstances change; no fixed expiry but must be reviewed at suitable intervals
- LEV examination records (Regulation 9): Previous two examination reports must be retained and made available to an inspector on request
Enforcement Powers and Penalties
COSHH is enforced by the Health and Safety Executive (HSE) and, for certain premises, Local Authority Environmental Health Officers. Inspectors have powers under Sections 20–25 of the HSWA 1974 to enter premises, take samples, inspect documents, and interview personnel. Where breaches are identified, inspectors may issue:
- Improvement notices (Section 21 HSWA): Requiring compliance within a specified period
- Prohibition notices (Section 22 HSWA): Immediate cessation of an activity creating risk of serious personal injury
- Prosecution under Section 33 HSWA: Unlimited fines on indictment; up to £20,000 per offence in Magistrates Court (with unlimited fines for certain breaches including breach of improvement/prohibition notices); imprisonment up to 2 years for specified offences
The Sentencing Council's guideline for health and safety offences (effective February 2016) means large organisations face fines calibrated to annual turnover. Culpability and harm categories can result in fines ranging from hundreds of thousands to millions of pounds for high-culpability, high-harm breaches.
Practical Compliance: Spill Control and COSHH
Chemical spills represent a critical COSHH compliance concern. Where a spill releases a substance hazardous to health, Regulation 13 emergency procedures must be activated. Appropriate spill kits and chemical absorbents must be readily available and employees must be trained in their use. Spill containment products such as drip trays, bunding, and secondary containment systems directly support COSHH Regulation 7 compliance by providing engineering controls that prevent or limit exposure. PPE for chemical handling must meet the standard required under Regulation 7(3)(d).
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Last reviewed: April 2026