Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003

Assessment of the risk to health created by work involving substances hazardous to health

6.—(1) An employer shall not carry out work which is liable to expose any employees to any substance hazardous to health unless he has–

(a) 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

(b) implemented the steps referred to in sub-paragraph (a).

(2) The risk assessment shall include consideration of–

(a) the hazardous properties of the substance;

(b) information on health effects provided by the supplier, including information contained in any relevant safety data sheet;

(c) the level, type and duration of exposure;

(d) the circumstances of the work, including the amount of the substance involved;

(e) activities, such as maintenance, where there is the potential for a high level of exposure;

(f) any relevant occupational exposure standard, maximum exposure limit or similar occupational exposure limit;

(g) the effect of preventive and control measures which have been or will be taken in accordance with regulation 7;

(h) the results of relevant health surveillance;

(i) the results of monitoring of exposure in accordance with regulation 10;

(j) in circumstances where the work will involve exposure to more than one substance hazardous to health, the risk presented by exposure to such substances in combination;

(k) the approved classification of any biological agent; and

(l) such additional information as the employer may need in order to complete the risk assessment.

(3) The risk assessment shall be reviewed regularly and in any event forthwith if–

(a) there is reason to suspect that the risk assessment is no longer valid;

(b) there has been a significant change in the work to which the risk assessment relates; or

(c) the results of any monitoring carried out in accordance with regulation 10 show it to be necessary,

and where, as a result of the review, changes to the risk assessment are required, those changes shall be made.

(4) Where the employer employs five or more employees, he shall record–

(a) the significant findings of the risk assessment as soon as is practicable after the risk assessment is made; and

(b) the steps which he has taken to meet the requirements of regulation 7.