Exposure to Substances: Main General Duties
The employer may need to do more than is required by the Particular General Duties and Specific Rules in order to comply with his main general duties which are essentially, to ensure, so far as is reasonably, practicable, the health, safety and welfare at work of his employees; and to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons NOT in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.
The employer's duties under the Control of Substances Hazardous to Health Regulations 1999 (COSHH) apply only as regards work which is under his control. If an employee is sent to do work under the control of another employer, the employer who sent him has no obligations under COSHH or the particular general duties as regards the employee's exposure to harmful substances. However, in these circumstances, such obligations do exist in his main general duty towards his employees.