I am self employed, do the COSHH regulations apply to me?

Yes. The CoSHH Regulations apply to the Self-Employed.

Regulation 3 of the COSHH Regulations states that all of the COSHH Regulations apply to the Self-Employed except Regulations 10 & 11.

Self Employed ‘One Man Band’

CoSHH requires you to comply with the requirements that apply for both Employers and Employees

What you need to do:

Regulation 6 Assessments of the risk to health created by work involving substances hazardous to health. (These do not need to be written down if you are self employed or employ less than 5 employees)

Regulation 7 Prevent or control of exposure to substances hazardous to health

Regulation 8 If you have control measures such as Extraction (LEV) these must be used properly

Regulation 9 If you have control measures such as Extraction (LEV) these must be properly Commissioned and then maintained in good clean effective condition, they must be given a TeXT (Thorough Examination and Test) at least every 14 months

Regulation 12 Provide suitable information, instruction and training for yourself if you may be exposed to substances hazardous to health

‘Working on a Self Employed Basis’ for some one else who tells you what to do,

or as a ‘Self Employed Contractor’ or ‘Sub Contractor’ or ‘Self Employed for Tax Reasons’

For Health and Safety purposes, the CoSHH regulations treat both you and any person who tells

you what to do as an Employer.

What you need to do:

You both need to comply with the CoSHH requirements for an employer e.g. Regulations 6, 7, 9 & 12

You are also treated as an Employee, so must comply with CoSHH requirements for Employees e.g. Reg. 8.

Sections of the COSHH Regulations that do not apply to the self employed:

Regulation 11 Health Surveillance of employees and the requirement to keep records for 40 years.

Regulation 10 Monitoring of the exposure of staff in the workplace with personal sampling equipment and/or periodic or continuous sampling of the atmosphere at the work place.