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COSHH: Carcinogens and mutagens

Overview

Hazardous substances controlled under COSHH include carcinogens and mutagens.

A carcinogen is any substance that has the potential to cause cancer. Hardwood dust is one example.

A mutagen is a substance that can alter chromosomes or genes.

A COSHH: Risk assessment

A COSHH Risk assessment is vital when considering carcinogens or mutagens because it can take many years for the ill-health effects to surface. There may not be any early warnings of bad side effects and treatment options may be limited.

The risk assessment should identify if carcinogens or mutagens are present. If so, it should also identify the nature and extent of the risk. You must plan and take effective control measures and other precautions. If possible, don't use carcinogens or mutagens, or produce them as waste or by-products.

Legal responsibilities

If it's not reasonably practical to prevent exposure by using alternative substances or processes, you must carry out other requirements.

If possible, enclose the process and handling systems. If this isn't possible, you must:

  • Use plant, processes and systems of work to minimise, or suppress and contain spills, leaks, dust, fumes and vapours. Systems can include partial enclosure, local exhaust ventilation (LEV) and general ventilation.
  • Limit how much substance is stored.
  • Minimise how many people are exposed, how long they're exposed for and exclude non-essential employees from areas where they could be exposed.
  • Ban eating, drinking and smoking in areas that may be contaminated.
  • Put in place hygiene measures, including adequate washing facilities and regularly clean walls and surfaces.
  • Identify areas and installations that may be contaminated, identify them with signs and prevent the spread of contamination beyond these areas.
  • Use safe systems for storing, handling and disposing the substance including the use of closed and clearly labelled containers.

You must provide suitable personal protective equipment if the above doesn't adequately control the risk of exposure.

If control measures fail

If carcinogens and mutagens have escaped into the workplace, you must immediately tell those who may be affected. Only those carrying out repairs and other necessary work should be allowed in that area. You must provide them with suitable PPE, including respiratory protective equipment.

You must report any dangerous occurrences such as an accident or incident that results in, or could have resulted in, a significant exposure to a carcinogen or mutagen under RIDDOR.

You would also need to report a work-related illness under RIDDOR if a registered medical practitioner notifies you of a diagnosis of a disease or condition linked to occupational exposure to a carcinogen or mutagen.

You as the employer, the person in control of the premises, or the self-employed person to whose work activities the incident relates, will be the responsible person with the obligation to make the report to the Health and Safety Executive (HSE) or the relevant local authority.

Remember, even if an incident is not reportable under RIDDOR, all exposure events must still be recorded and investigated internally under COSHH. This ensures corrective measures are taken to prevent recurrence.

Monitoring health effects

It's normally necessary to regularly monitor the air.

A health check is appropriate in all cases of exposure unless it's controlled so that there is no reasonable likelihood of an identifiable disease or any adverse health effects.

Ill-health effects may not be immediately obvious, so it's particularly important that you give information, training and instructions of high standard. You can't presume that there is no risk of cancer from exposure until you completely prevent employees from being exposed.

What is the law guide

The Desktop Lawyer law guide aims to present the law to you in a comprehensive yet jargon-free and easy-to-read format. Our law guide is constantly kept up to date with changes in business and family law by our team of in house solicitors, and includes information across all the legal jurisdictions in the UK.

Our law guide is free to use. Where we provide documents related to this area of law, or where they may help you with any legal issue in this area, they will be listed to the right of this message.

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