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Hazardous Substances

Volume 302: debated on Monday 1 December 1997

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To ask the Secretary of State for the Environment, Transport and the Regions how many prosecutions the Health and Safety Executive has brought against employers who have failed adequately to control exposure to substances hazardous to health under the Control of Substances Hazardous to Health Regulations 1994 since January 1995 in which the employer was charged with failing to reduce the level of exposure below the maximum exposure limit; and how many have been successful. [18414]

Such prosecutions can be brought only under Regulation 7(1) of the Control of Substances Hazardous to Health (COSHH) Regulations 1994 for failure to ensure that exposure is adequately controlled. Charges cannot be laid separately under Regulation 7(6) which explains the duty with regard to substances for which a maximum exposure limit is specified. There have been five informations laid under Regulation 7(1) resulting in five convictions during 1996–97. This information is provisional. Information prior to 1996–97 is not available at this level of detail due to the coding system then used by HSE.

To ask the Secretary of State for the Environment, Transport and the Regions how many prosecutions the Health and Safety Executive has brought against employers who have failed adequately to control exposure to substances hazardous to health under the Control of Substances Hazardous to Health Regulations 1994; and how many have been successful. [18413]

The Health and Safety Executive has brought 28 prosecutions under the Control of Substances Hazardous to Health (COSHH) Regulations 1994. Of these, 22 have resulted in convictions. The provisional figures for 1997 are 11 prosecutions resulting in 11 convictions.

To ask the Secretary of State for the Environment, Transport and the Regions what measures Health and Safety Executive officials are taking to ensure that levels of exposure to substances hazardous to health are reduced below the maximum exposure limit. [18415]

Where a maximum exposure limit (MEL) has been assigned, the Control of Substances Hazardous to Health (COSHH) Regulations 1994, as amended, require employers to control exposure to as low a level as is reasonably practicable and in any case below that MEL.Health and Safety Executive (HSE) inspectors enforce COSHH by assessing employers' arrangements for controlling health risks and, in particular, the measures they take to reduce exposures, including monitoring to test compliance with exposure limits.HSE also publishes considerable practical advice on controlling exposure and inspectors refer to such guidance as illustrating good practice. Publicity and enforcement campaigns are also targeted at priority classes of substances, many of which have maximum exposure limits.