9.5 The COSHH Regulations summarised

The definition of substance hazardous to health is contained in Regulation 2(1) of the Regulations and includes:

• substances designated as very toxic, toxic, corrosive, harmful or irritant under product labelling legislation (the CHIP Regulations) these substances should be labelled with the standard orange and black symbols;

• substances for which the Health and Safety Commission has approved a workplace exposure limit;

• biological agents (micro-organisms, cell cultures or human endoparasites);

• other dust of any kind, when present at a concentration in air equal or greater to 10mg/m ³ (inhalable dust) or 4mg/m ³ (respirable dust) as a time-weighted average over an 8-hour period;

• any other substance creating a risk to health because of its chemical or toxicological properties and the way it is used or is present at the workplace.

Given this widely drawn definition, in any cases of doubt it is advisable to treat the COSHH Regulations as applying.

The Regulations place duties on employers in relation to their employees and also on employees themselves ( Regulation 8). The self-employed have duties as if they were both employer and employee. Regulation 3(1) extends the employer's duties so far as is reasonably practicable to any other person, whether at work or not, who may be affected by the work carried out . Consideration must be given to:

• contractors, visitors or joint occupants;

• neighbours and passers-by;

• members of the public in public places and buildings;

• customers and service users.