Responsibility and Duty
The employer must ensure that any measure he provides to prevent or control exposure to a substance hazardous to health is maintained in an efficient state, in efficient working order and in good repair.
This maintenance duty applies not only to engineering controls and personal protective equipment, but also to any other measures for complying with the Control of Substances Hazardous to Health (COSHH) Regulations, including:
- systems of work and operational procedures;
- purchasing arrangements;
- procedures for assessing, commissioning & controlling contractors;
- auditing the effectiveness of maintenance arrangements;
- exposure monitoring systems;
- health surveillance arrangements;
- auditing training needs and arrangements; and
- any other thing or facility provided under COSHH.
The employer must ensure that maintenance activities (for example visual checks, inspection, testing, preventive servicing, repairs, review of procedures, auditing, etc.) are carried out by competent employees or other competent persons.