Westminster Compliance

From now until June 15th the Control of Major Accident Hazards (COMAH) review will allow businesses involved in chemicals manufacturing or storage to submit their views to the Government on the way the (COMAH) Regulations are enforced.

The scope of the chemicals-sector review of enforcement will cover: regulatory activity, in respect of the COMAH Regulations in the chemicals sector; and regulatory activities where the COMAH Regulations have knock-on effects. Sectors that are affected by the COMAH Regulations, other than chemicals manufacturing and storage, are outside the scope of the review.

The review will seek to identify examples of effective, tailored and easy-to-understand guidance for businesses, as well as regulatory delivery that is risk-based and focused on achieving compliance and supporting business growth. The reviews will also focus on the way regulation is delivered and compliance is achieved – whether through inspections, advice, or enforcement – rather than the regulations themselves.

To have your say visit the BIS Focus on Enforcement website.

HSE CASE STUDY:

A precision equipment manufacturing company moved into a new office that had linoleum floors, immediately slipping accidents started to happen on one floor at an alarmingly high rate.

After puzzling over the problem, the health and safety advisor contacted the cleaning product supplier for advice, but the supplier couldn’t figure out what was happening either, as their product was not known to cause such problems. Eventually the advisor spoke with the cleaner and discovered that she was using regular washing up liquid to clean the floors with as the substance …

Safety Data Sheets (SDS) are a key resource for employers carrying out risk assessment on hazardous substances or mixtures handled and stored in the workplace. The current SDS requirements in REACH are being amended to take into account the implementation of the Globally Harmonised System of Classification and Labelling (GHS).

The Control of Substances Hazardous to Health Regulations 2002 (COSHH) require employers to assess the risks of substances used in their workplace, and prevent or adequately control exposure to them. Risk assessments for the use of chemicals in the workplace are generally reliant for information on the relevant Safety Data Sheet (SDS) for the substance.

The aim of the original EU directive on SDS was to provide professional users of substances and preparations with sufficient information to take the necessary measures to ensure protection of health and the environment. Information was given on the hazards inherent in a chemical substance, or preparation, as was guidance on how the substance or preparation should be handled, stored, and disposed of, together with advice on what to do in case of an accident.

However, many people have found SDSs incomprehensible, or even inaccurate, and various studies have been carried out on them. In one such study, out of 150 SDSs only 37 per cent were found to have accurate health-effects data (chronic health information was the most inaccurate), and only 47 per cent were accurate regarding personal protective equipment, or correct occupational exposure limits.

Consequently, a number of changes has been made over the last 10 years to try to improve the situation, including changes to the relevant legislation and, most recently, the introduction of the Globally Harmonised System of Classification and Labelling (GHS).

The new provisions will be introduced in phases: the requirements for substances will apply from 1 December 2010, and for mixtures from 1 June 2015.

So what does this mean ?

Health and safety practitioners who need to use SDS will potentially have more information, both on the substance or mixture itself and on the risk-management measures that are needed to protect workers from the chemical. However, the sheer amount of information contained in the SDS may make accessing the relevant details problematic, despite the new structure. There are numerous training courses and guidance documents available to assist users, including on the HSE website.