Rank: Forum user
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Who has the legal right (Under the coshh regs) to see your COSHH assessments on site?
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Rank: Forum user
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Any person that is going to come into contact with the substance. Or a HSE Inspector or Local authority Inspector, Insurance Company.....
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Rank: Forum user
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So, a member of the public could ask to see it?
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Rank: Super forum user
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They could ask......
Up to you if you show them or not - what does your policy say around 'external communications'?
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Rank: Super forum user
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And safety reps ( it does not say so directly but it implies that they have a right to see the risk assessment- see reg 4 Safety Representatives and Safety Committees Regulations 1977)
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Rank: Forum user
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I was thinking of the conflict in some regs. I would assume we should all communicate properly but i'm not sure of the legal requirement to actually show a COSHH assessment to an employee. I thought an employer only had to amke sure that adequate precautions were in place. What do you think?
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Rank: Forum user
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I dont understand the reluctance to show employee the COSHH assessment, surley the person/persons who may come into contact or is going to use the substance, have to see what the dangers are and what control measures are in place to protect themselves.
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Rank: Super forum user
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Surely the requirements of Reg 12 at least imply that employees should see the assessment?
LB
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Rank: Forum user
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Have a look at A Kurdziel post, indrectly linked, gives food for thought
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Rank: Super forum user
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No one has a legal right to see it (other than a regulatory inspector, I suppose). The employer's obligation is to inform employees of the significant findings of the COSHH assessment. So you do have to tell them what it says!
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Rank: Super forum user
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To elaborate on reg 12 and really spell it out (It's been answered ten time :))
http://www.hse.gov.uk/pubns/priced/l5.pdf
Reg 12
No need to show RA (This may be massively technical!) - but must include all relevant info in some form!
[qoute]
Without prejudice to the generality of paragraph (1), the information,
instruction and training provided under that paragraph shall include –
(a) details of the substances hazardous to health to which the employee is
liable to be exposed including –
(i) the names of those substances and the risk which they present to
health,
(ii) any relevant workplace exposure limit or similar occupational
exposure limit,
(iii) access to any relevant safety data sheet, and
(iv) other legislative provisions which concern the hazardous properties
of those substances;
(b) the significant findings of the risk assessment;
...
(c) Controls
(d) Results of monitoring
(e) results of collective health surveillance
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Rank: Super forum user
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The question I have is "What is the underlying issue here?" - that would help all of us to provide a more informed response
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Rank: Super forum user
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canopener wrote:The question I have is "What is the underlying issue here?" - that would help all of us to provide a more informed response
I just reread the question: (well actually read the question) - :)
Might the answer be more towards.. staff, inspectors, contractors with relevant contact. But not persons who are not exposed and maybe have a commercial interest?
Although still no legal right to see the actual assessment: I agree a clearer question would help :)
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Rank: Super forum user
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So Reg 12 says that although you don’t need to show an employee the risk assessment you do need to show them all of the information contained within the risk assessment.
You could also argue that Section 3(3) Health and Safety at Work Act 1974 implies anybody who might be affected by the work has access to the information eg sub-contractors.
Essentially what all this is saying is that a COSHH risk assessment (or to be pedantic the findings of a COSHH risk assessment) cannot be regarded as confidential document and have to be shared with variety of other people, including employees, other employers(The Management of Health and Safety at Work Regulations 1999 Reg 11), safety reps, inspectors etc.
What is the issue with sharing this information?
If a member of the public feels that they might be affected by this work activity then Section 3 HSWA comes into play.
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Rank: Super forum user
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A Kurdziel wrote:So Reg 12 says that although you don’t need to show an employee the risk assessment you do need to show them all of the information contained within the risk assessment.
You could also argue that Section 3(3) Health and Safety at Work Act 1974 implies anybody who might be affected by the work has access to the information eg sub-contractors.
Essentially what all this is saying is that a COSHH risk assessment (or to be pedantic the findings of a COSHH risk assessment) cannot be regarded as confidential document and have to be shared with variety of other people, including employees, other employers(The Management of Health and Safety at Work Regulations 1999 Reg 11), safety reps, inspectors etc.
What is the issue with sharing this information?
If a member of the public feels that they might be affected by this work activity then Section 3 HSWA comes into play.
Agree entirely AK but there is NO LEGAL OBLIGATION to show the next person off the clapham omnibus who walks into reception asking to see your xxxxxxxxx (insert assessment) unless one of the persons identified above already.
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Rank: Forum user
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I don't see that there should ever be a problem i showing your employees the complete coshh assessment. But i reckon there are employers out there that do not even know what they are exposing people to. I also reckon that if an employee asked to see 'the findings', they would be brandeded as a trouble maker or similar. Some good posts and a good debate. I am, glad we have persons here who are experts in this area. Thanks for all your comments
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