OFFSHORE MAJOR ACCIDENT REGULATOR

Offshore Petroleum Regulator for Environment & Decommissioning

The Offshore Control of Substances Hazardous to Health (COSHH) Inspection Guide Open Government Status

Fully Open

Publication Date

November 2025

Review Date

November 2028

Review History

Date Changes

November 3 Yearly review 2025

Target Audience

OMAR Inspectors / ED Offshore Inspectors / ED Specialist Inspectors

Contents Summary......................................................................................................................................... 2 Introduction .................................................................................................................................... 2 Relevant Legislation ...................................................................................................................... 3 Action .............................................................................................................................................. 5 Background .................................................................................................................................... 6 Other relevant Inspection Guides ................................................................................................. 7 Organisation ................................................................................................................................... 7

Targeting ..................................................................................................................................... 7 Timing.......................................................................................................................................... 7 Resources ................................................................................................................................... 7 Recording and Reporting .......................................................................................................... 8 Health and Safety ........................................................................................................................... 8 Appendix 1 Plan, Do, Check, Act for COSHH Management ........... Error! Bookmark not defined. Appendix 2 Application of EMM and Dutyholder Performance Assessment ......................... 12

Summary

This inspection guide (IG) outlines an approach to the inspection of dutyholder’s arrangements with respect to the Control of Substances Hazardous to Health (COSHH) and the key areas that inspectors should consider when inspecting this topic. It also sets out the criteria for satisfactory and unsatisfactory performance factors against which dutyholder performance will be rated. References are made to technical standards and guidance that inspectors will use to form an opinion of legal compliance. The effectiveness of such systems is a key component of occupational health risk management and securing effective control of health risks to prevent or minimise the incidence of occupational diseases.

COSHH requires dutyholders to

• Identify what the health hazards are • decide how to prevent harm to health • provide control measures to reduce harm to health • make sure they are used • keep all control measures in good working order • provide information, instruction and training for employees and others • provide monitoring and health surveillance in appropriate cases • plan for emergencies

Introduction The aim of this IG is to provide information and guidance to OMAR inspectors to support the delivery of consistent and effective COSHH management. It does this by highlighting current key areas to be covered during inspections, providing a framework for inspectors to judge compliance, assign performance ratings, and decide what enforcement action to take should they find

legislative breaches. In doing so, it complements HSE’s Enforcement Policy Statement (EPS) and Enforcement Management Model (EMM).

The operational guidance outlines HSE’s priorities for inspection of COSHH risks offshore. It is important to note that this guidance does not include detailed information on other offshore health risks such as Food Hygiene, Noise, Vibration, Asbestos, Ergonomics/Manual Handling, Ionising and Non-Ionising Radiations, Thermal Environment, Personal Protective Equipment, Potable Water, First-Aid and Welfare, which continue to form part of the remit of the ED Industrial Hygiene Team.

Relevant Legislation

Health and Safety at Work etc Act 1974

Section 2(1) It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.

Section 3(1) It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.

Section 6 Places duties on any person who designs, manufactures, imports or supplies articles and substances for use at work to ensure these articles and substances are designed, constructed and tested and that it will be safe and without risks to health at all times when it is being set, used, cleaned or maintained by a person at work.

Management of Health and Safety at Work Regulations 1999

Regulation 3 Requires every employer to make a suitable and sufficient assessment of the risks to the health and safety of his employees to which they are exposed whilst they are at work; and the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking.

Regulation 5 Requires employers make and give effect to such arrangements as are appropriate, having regard to the nature of his activities and the size of his undertaking, for the effective planning, organisation, control, monitoring and review of the preventive and protective measures.

Control of Substances Hazardous to Health Regulations 2002

Regulation 6 Requires employers to not carry out work which is liable to expose any employees to any substance hazardous to health unless they have made a suitable and sufficient assessment of the risk created by that work to the health of those employees and of the steps that need to be taken to meet the requirements of these regulations; and implemented the steps.

Regulation 7 Requires employers to prevent, or where this is not reasonably practicable, adequately control, the exposure of any employees to substances hazardous to health.

Regulation 8 Requires employers who provide any control measure, other thing or facility in accordance with these regulations to take all reasonable steps to ensure that it is properly used or applied.

Regulation 9 Requires employers to maintain, examine and test control measures and, at suitable intervals review and, if necessary, revise those measures.

Regulation 10 Requires employers to undertake exposure monitoring if the risk assessment deems that exposure monitoring is required and in accordance with a suitable procedure.

Regulation 11 Requires employers where it is appropriate for the protection of the health of employees who are, or are liable to be, exposed to a substance hazardous to health, to ensure that such employees are under suitable health surveillance, for example questionnaires, lung function testing and skin observations.

Regulation 12 Requires every employer who undertakes work which is liable to expose an employee to a substance hazardous to health provide that employee with suitable and sufficient information, instruction and training.

Regulation 13 Requires employers to have suitable arrangements in place for the protection of the health of their employees from an accident, incident or emergency related to the presence of a substance hazardous to health at the workplace.

Offshore Installations (Offshore Safety Directive) (Safety Case etc) Regulations 2015

Regulation 16 Requires a dutyholder who prepares a safety case pursuant to these regulations demonstrate that the duty holder’s management system is adequate to ensure that the relevant statutory provisions will, in respect of matters within the dutyholder’s control, be complied with.

Control of substances hazardous to health, Approved Code of Practice (ACOP) L5

This ACOP (https://www.hse.gov.uk/pubns/priced/l5.pdf) is aimed at dutyholders, to help them comply with their legal duties in relation to COSHH.

The offshore industry involves numerous potential exposures to hazardous substances, and it is therefore paramount that dutyholders assess each work activity utilising competent parties with the correct training and experience.

Action Inspectors should review relevant documentation outlined within the IG prior to the installation visit and test compliance during the installation visit against the “Success Criteria” given in Appendix 1.

Inspection of this topic should include both inspection of the priority areas as well as an inspection of the overall policy, procedures and organisation for managing occupational health risks to establish a consistent and complete coverage of the topic. In inspecting individual topic areas, it may be necessary to have input from the relevant specialist inspectors where there are technical issues beyond the competence of the IMT inspector.

By the conclusion of the inspection it should be possible to

• Have undertaken a targeted proactive inspection of the COSHH management system • investigate concerns associated with COSHH • decide whether the measures in place were adequate to control the risk of exposure; and take any necessary enforcement action where these are deemed inadequate

When carrying out inspections covered by this IG inspectors should

• assess dutyholder responses against the success criteria in Appendix 2 • use the performance descriptors in Appendix 1 and 2 to o determine the appropriate performance rating o the initial enforcement expectation o consider how and when the issues raised during an inspection are to be closed out

Background The COSHH regulations apply to a wide range of substances and preparations (mixtures of two or more substances) which have the potential to cause harm to health if they are ingested, inhaled, or are absorbed by, or come into contact with, the skin, or other body membranes.

Hazardous substances can occur in many forms, including solids, liquids, vapours, gases and fumes. They can also be simple asphyxiants or biological agents (for example bacteria, viruses and fungi). A substance hazardous to health need not be just a chemical compound, it can also include process generated substances such as welding fume and grinding dust, which can be found on offshore installations.

Exposure to hazardous substances can result in significant ill health effects and in some situations death. The COSHH regulations state the essential requirements a dutyholder must address prior to undertaking any work activity in which a person may be exposed.

The aim of Industrial Hygiene is to prevent or control exposure to health risks by recognising health hazards, evaluating the risk and establishing appropriate control measures. The occupational health hazards may include; • Physical agents (e.g., noise, vibration, radiation)

• Hazardous substances (e.g., chemicals, asbestos) • Biological agents (e.g., Legionella, food hygiene) • Ergonomics/Manual Handling

The essential requirements for managing occupational health are the same as those for any management system. Any sub-system for managing occupational health risks should therefore have the key features of an adequate management system i.e., policy, organisation, planning and setting standards, performance measures and auditing and review. Confirmation should be obtained that a recognised code, standard or body of guidance has been considered in determining the required performance of the occupational health management system.

Other relevant Inspection Guides • The Offshore Health Risk Management Inspection Guide • The Offshore Potable Water Management Inspection Guide

Specialist Advice Specialist advice should be sought from the ED Industrial Hygiene Team in circumstances when considering enforcement / debate over relevant standards on any aspects of COSHH management.

Organisation

Targeting

Inspections should be planned to ensure that the necessary site personnel are available and arrangements can be made to facilitate inspection of the management system(s).

Timing

Inspectors should undertake Inspections as part of the agreed Intervention Plan or as determined by the EDSLT.

Resources

Further guidance can be sought from The Control of Substances Hazardous to Health Regulations 2002 (as amended). Approved Code of Practice and guidance L5 EH40/2005 Workplace exposure limits https://www.hse.gov.uk/pubns/priced/eh40.pdf HSE Offshore COSHH Essentials Offshore COSHH Essentials - COSHH

Working with substances hazardous to health: A brief guide to COSHH INDG136 www.hse.gov.uk/pubns/indg136.htm Controlling airborne contaminants at work: A guide to local exhaust ventilation (LEV) HSG258 www.hse.gov.uk/pubns/books/hsg258.htm Respiratory protective equipment at work HSG53 www.hse.gov.uk/pubns/books/hsg53.htm Guidance on respiratory protective equipment (RPE) fit testing INDG479 www.hse.gov.uk/pubns/indg479.htm Monitoring Strategies for toxic substances HSG173https://www.hse.gov.uk/pubns/priced/hsg173.pdf Biological monitoring in the workplace: A guide to its practical application to chemical exposure HSG167 www.hse.gov.uk/pubns/books/hsg167.htm OEUK: Guidelines for Environmental Health on Offshore Installations https://oeuk.org.uk/ Energy Institute and OEUK: Guidance on health surveillance Energy Institute: Decommissioning within the offshore UK oil and gas industry A practical guide to worker health protection https://www.energyinst.org/technical/publications/topics/health/decommissioning-within-the- offshore-uk-oil-and-gas-industry-a-practical-guide-to-worker-health-protection

Recording and Reporting

The dutyholder performance ratings should be entered on the Inspection Rating (IRF) Tab of the relevant installation Intervention Plan Service Order. Findings should be recorded in the post inspection report and letter.

Health and Safety When conducting an inspection, the principles for mitigating the risk to staff are as follows

• sound training for the recognition and identification of risks • understanding of roles and responsibilities • planning and conducting site visits in accordance with HSE procedures

Inspectors undertaking inspections must be suitably trained and competent. The aim is to avoid the risk of exposure by carrying out your duties without entering areas where exposure to substances hazardous to health may occur. If you are in any doubt about the hazards you face or whether control measures are adequate to safeguard your own health and safety, you should withdraw from the area and seek advice from your line manager or an experienced colleague.

Appendix 1 – Plan, Do, Check, Act for COSHH Management PLAN 1. Is there a COSHH management policy in place? 2. Have the roles and responsibilities been identified? Is there a focal point and a sufficient amount of COSHH risk assessors onboard the installation? 3. Have the responsible people received suitable training? 4. Does the COSHH management process/task based COSHH risk assessments link to the installation permit to work system (PTW)? 5. Is there a system in place to ensure any maintenance of control systems is undertaken? 6. Are there emergency procedures in place related to COSHH? 7. Is there a process in place to assess risks to health for new substances being purchased/mobilised offshore i.e. pre- approvals/authorisation process? 8. Is there a process in place for industrial hygiene focal points/specialists’ involvement in high risk work involving hazardous substances? 9. Is there a process for face fit testing (FFT) tight fitting respirators? Does the process include suitable re-testing/revalidation? 10. Is there a clean-shaven policy for the wearing of tight fitting respiratory protective equipment (RPE)?

DO 1. Have the health risks from all work activities been identified and recorded in a suitable and sufficient COSHH risk assessment? 2. If required, are suitable control systems in place, for example enclosure of the process or the use of engineering controls, i.e. local exhaust ventilation (LEV)? 3. If engineering control is required, is it the correct type? 4. Are the control systems used correctly and examined, maintained and inspected accordingly? 5. Are controls installed and maintained by a competent person? 6. Have employees been provided with suitable information, instruction and training? 7. Are workers trained in the use of any control systems, for example the use of LEV/RPE? 8. Has relevant face fit testing for tight fitting RPE been undertaken prior to task commencement? Are face fit test records readily available for all staff including contractors? 9. Are routine/daily checks undertaken on controls? 10. Are there adequate storage arrangements in place for hazardous substances?

CHECK 1. Is the COSHH assessment reviewed at appropriate intervals? is the risk assessment suitable/sufficient? 2. Are control measures inspected using suitable methods, i.e. visual observations of LEV ducting? 3. Are control systems maintained in accordance with any legal requirements, i.e. LEV system requires a TExT every 14 months? 4. Are there LEV logbooks in place? 5. Is there a management system in place for the use, inspection, maintenance and storage of all types of RPE? 6. Is the personal exposure and biological monitoring suitable for control verification purposes, and does this meet the relevant standards/methods i.e. methods for the determination of hazardous substances (MDHS)? 7. Are other control verification methods adopted i.e. active monitoring? 8. If health surveillance is required, is it undertaken at regular intervals by a competent person? 9. Are all wearers of tight fitting RPE clean-shaven? What checks are completed to verify compliance?

ACT 1. Are there effective arrangements for auditing and reviewing performance? 2. Is there a procedure in place to fix/replace any issues found during regular inspections/reviews/post incident investigations? 3. Has the dutyholder acted on any improvement recommendations from surveys/audits/incident investigations? Have outstanding recommendations been suitably recorded, and is there an action plan in place to ensure implementation? 4. Have the results of any personal exposure monitoring/health surveillance been interpreted by a competent person? have results been communicated to all employers/employees involved, for example contracting companies and personnel? 5. Where applicable has the task based risk assessment been updated? Examples may include • a deterioration in control effectiveness is identified from the results of exposure monitoring, or health surveillance, or the examination and testing of engineering controls • following reports or complaints from supervisors, employees, maintenance staff, or safety representatives etc about defects in control measures • changes to operating circumstances that have affected the control effectiveness and employees’ exposure to substances hazardous to health 6. If required, has further information, instruction and training been delivered?

Appendix 2 Application of EMM and Dutyholder Performance Assessment

When inspecting the control of substances hazardous to health dutyholder compliance is to be assessed against the relevant success criteria. The success criteria have been determined from specific regulatory requirements, defined standards, established standards or interpretative standards.

This assessment will determine the: EMM Risk Gap, the associated topic performance score together with the Initial Enforcement Expectation as shown in the table below.

The actual enforcement may differ from that consistent with the recorded topic score depending on dutyholder and strategic factors. However, should this occur then the relevant dutyholder and strategic factors should be identified in the inspection report. The Topic Score recorded on COIN must be consistent with the Initial Enforcement Expectation

Further guidance can be found at: http://www.hse.gov.uk/enforce/emm.pdf

Application of the EMM Inspectors should apply the EMM : Application to Health Risk, Formerly OC 130/5 - Enforcement Management Model (EMM) http://www.hse.gov.uk/foi/internalops/ocs/100- 199/130_5/index.htm

When using the EMM for decisions on enforcement relating to COSHH you should consider the following summaries of employer regulatory duties and examples of initial enforcement expectations.

EMM RISK GAP EXTREME SUBSTANTIAL MODERATE NOMINAL NONE NONE TOPIC PERFORMANCE SCORE 60 50 40 30 20 10 Broadly Unacceptable Very Poor Poor Fully Compliant Exemplary Compliant Significantly below Meets most of the Unacceptably far the relevant relevant minimum Exceeds the below relevant Meets the relevant minimum legal legal relevant minimal minimum legal minimum legal Substantially below requirements. requirements. legal requirements. requirements. the relevant requirements. minimum legal Several success Most success Most success All success criteria requirements. criteria are not criteria are fully All success criteria criteria are not are fully met. fully met. met. are fully met. met. Many success Management criteria are not fully Degree of non- Degree of non- Management Degree of non- competent and met. compliance compliance minor competent, compliance able to significant. and easily enthusiastic, and extreme and demonstrate Degree of non- remedied. proactive in widespread. adequate compliance Limited devising and identification of the substantial. recognition of the Management implementing Failure to principal risks, Failures not essential relevant recognise effective safety recognise issues, implementation of recognised, with components of essential relevant management their significance,