Employers have a general duty to ensure the health and safety and welfare at work of all their employees, so far as is reasonably practicable.
The duty, laid down in the Health and Safety at Work Act 1974 (Section 2), extends in particular to ensuring safety and absence of risks to health in connection with the use, handling, storage and transportation of articles and substances.
Specific legislation on chemicals and other hazardous substances used in the workplace is contained in the Control of Substances Hazardous to Health Regulations 2002 (as amended) (COSHH).
To comply with COSHH employers need to follow eight steps:
1. Conduct suitable and sufficient risk assessments to identify the hazardous substances present in the work place and consider the risks that these present to people’s health. Risk assessments need to be set down in writing and reviewed and revised as necessary. In particular, they must be reviewed and updated if there is any reason to suspect that the assessment is no longer valid or if there is a significant change in work practices.
2. Decide what precautions are needed.
3. Prevent or adequately control exposure.
4. Ensure that control measures are used and maintained properly and that safety procedures are followed.
5. Monitor the exposure of employees to hazardous substances.
6. Carry out appropriate health surveillance if there is a reasonable likelihood that exposure to a substance may lead to an identifiable disease or effect on health. This might, for example, be the case if there was a risk of a particular employee suffering an allergic reaction as a result of handling seafood or egg products. In certain cases it may be necessary to monitor the exposure of staff to certain hazardous substances.
7. Prepare plans and procedures to deal with accidents, incidents and emergencies. In circumstances where the work activity gives rise to a risk of an incident involving exposure to a hazardous substance, which goes well beyond the risks associated with normal day to day work, plans must be put in place for dealing with the incident before it happens. This will include setting up warning and communication systems and "safety drills".
8. Information, training and supervision. Employers must provide employees who may be exposed to hazardous substances with suitable and sufficient information, instruction and training regarding the risks, precautions and emergency procedures.
Hazardous substances in the catering industry
The catering industry uses a number of substances which are hazardous because they are:
• corrosive
• irritant
• harmful
• toxic or very toxic.
Examples are bleaches and biocides used in cleaning products and pesticides. Apart from substances that present an obvious hazard of this sort, there are also less obvious hazards. For example, some seasonings and spices are toxic or irritant; prolonged exposure to water, soaps, detergents and certain foods may cause dermatitis; and certain “dusts” used in the catering industry, including flour, custard powder and instant coffee, may in some circumstances present a risk of explosion.
Practical points for risk management
Cleaning products and pesticides are probably the most common hazardous substances used in the catering and hospitality industries. Two particular risks also need to be considered - the risk that certain substances may be particularly hazardous if mixed together, for example certain cleaners and bleaches may give off toxic gases in such circumstances; and the risk of substances being placed in unidentified and therefore inappropriate containers.
To eliminate or reduce danger:
• ensure substances that may be hazardous to health are kept in appropriate marked containers
• ensure they are stored in an appropriate place and are used only by staff who are trained in the risks and precautions to be taken
• take measures to ensure that safety precautions are followed, that product data and risk assessments are available for all hazardous substances and that employees have access to them.
Useful information for carrying out risk assessments can be obtained from manufacturers, for example, from information supplied on packaging or data sheets. Employers are under a duty to obtain any relevant information from the latest technical publications, such as Health and Safety Executive guidance notes.
Roy Tozer is a Partner in the Regulatory Group of DLA Piper Rudnick Gray Cary UK LLP. roy.tozer@dlapiper.com
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