| Guvnor

What this means for your business

10 obligations

6 penalties

6 can imprison

1 guides

Applies to: United Kingdom
On this page: 10 compliance obligations, 1 practical guide

Read full text on legislation.gov.uk

What you must do

10 compliance obligations under this legislation — 6 can result in imprisonment.

Risk assessment 1

You must not let any employee work with a substance that is hazardous to health unless you have carried out a suitable risk assessment and put the necessary control measures in place. The assessment must consider the substance’s properties, health effects, exposure levels, work conditions and any monitoring results, and it must be reviewed whenever work changes or new monitoring data shows a problem. If you have five or more employees you also need to record the main findings and the steps you have taken.

Employer s.6 HSE When work involves a substance hazardous to health (record‑keeping trigger: employer has …

Management duties 8

You must make sure you never provide any of the chemicals listed in the regulation (for example 2‑naphthylamine, benzidine, certain aromatic amines, white‑phosphorus matches, benzene) for use in your workplace, or any product that contains those compounds at 0.1 % or more by weight. The same rule also applies to any substance that Schedule 2 of the Regulations prohibits. Supplying such substances can lead to unlimited fines and even imprisonment.

Any Person s.4 HSE When supplying substances for use at work, and if the substance is …

If your business provides any equipment, protective gear or facilities to control hazardous substances, you must make sure they are used correctly. Put systems in place so staff use the measures properly, return them to the designated place after use and report any faults straight away.

Employer s.8 HSE when you supply any control measure, protective equipment or facility for hazardous …

If you provide any control measures to protect against hazardous substances, you must keep them in good repair, carry out regular examinations and testing, store and check personal protective equipment, and replace or decontaminate anything that becomes defective or contaminated. You also need to keep records of all examinations, tests and repairs for at least five years. This ensures your control measures stay effective and you can prove compliance if inspected.

Employer s.9 HSE When you provide any control measure to meet the requirements of regulation …

If your business works with any Group 2, 3 or 4 biological agents – for example in a laboratory, animal facility or industrial process – you must classify the agents, put in appropriate containment, keep a record of exposed staff and notify the Northern Ireland Executive before you first use a new agent. These steps are needed to protect workers and the wider community.

Employer Schedule 3 HSE when carrying out research, development, teaching, diagnostic work, animal work or industrial …

If your risk assessment shows that monitoring is needed to keep exposure to hazardous substances under control (or to protect health), you must regularly check employee exposure, keep records for the required period, and give employees and the regulator access to those records. Monitoring must be done at set intervals or whenever workplace conditions change, and you must follow any specific frequencies listed in Schedule 5 of the Regulations.

Employer s.10 HSE When the risk assessment indicates monitoring is required, when any change could …

You must make sure that your workers are not exposed to hazardous substances. If you cannot completely eliminate the risk, you must control it using safer alternatives, engineering measures, ventilation, safe handling procedures and, where needed, suitable personal protective equipment. You also need extra controls for carcinogens and biological agents and must keep exposure below any legal limits.

Employer s.7 HSE when your business uses or stores substances hazardous to health

If any of your staff work with or could be exposed to hazardous chemicals that may cause disease, you must arrange regular health checks, keep a personal health record for each employee for at least 40 years, and give both the employee and the regulator access to those records. Medical surveillance must be carried out at least once a year (or more often if a doctor advises) and you must follow any doctor‑issued work restrictions.

Employer s.11 HSE When an employee is exposed to a hazardous substance that could cause …

If your business uses any substance that is hazardous to health, you must have clear plans for what to do if an accident, incident or emergency involving that substance occurs. This means creating and regularly testing emergency procedures, providing first‑aid and rescue equipment, informing staff and emergency services, and limiting access to the affected area while supplying appropriate protective gear.

Employer s.13 HSE When your workplace has a substance hazardous to health

Training 1

If any of your work could expose employees or other people you engage to hazardous substances, you must give them clear, sufficient information, instruction and training about those substances. This includes names, health risks, exposure limits, safety data sheets, monitoring results, health‑surveillance summaries and how to handle the substances safely, plus proper identification of containers and pipes. Keep the information up‑to‑date and tell staff straight away if a monitoring limit is exceeded.

Employer s.12 HSE When work may expose employees or other persons working for you to …