A COSHH (Control of Substances Hazardous to Health) Assessment Requirement clause mandates that a formal assessment be conducted to identify hazardous substances in the workplace and evaluate the risks they pose to health. This is a legal requirement in the UK and similar jurisdictions, requiring employers to document what hazardous substances are present, how they are used, who might be exposed, and what control measures are in place to minimize risk. The assessment must be recorded in writing and reviewed regularly or when circumstances change. This clause matters for insurance purposes because insurers typically require evidence of COSHH compliance before providing coverage; failure to conduct assessments can void insurance policies or result in claim denials. Additionally, documented COSHH assessments demonstrate to regulators and courts that the employer took reasonable precautions, which is essential for defending against personal injury claims or regulatory enforcement actions.
Ensure the contract clearly assigns responsibility for conducting COSHH assessments (usually the employer) and specifies that assessments must be performed by a competent person (someone with appropriate training and knowledge). Require that assessments be documented in writing, kept accessible to relevant employees, and reviewed at least annually or whenever new substances are introduced or work processes change. Verify that your insurance policy explicitly requires COSHH compliance and that you maintain copies of all assessments for your insurer's records. Include a clause requiring that employees receive training on the findings of COSHH assessments and understand the control measures in place. Consider requiring that the contract specify who bears the cost of assessments and any remedial actions identified.
Frequently Asked Questions
What does this clause mean in simple terms?
A COSHH (Control of Substances Hazardous to Health) Assessment Requirement clause mandates that a formal assessment be conducted to identify hazardous substances in the workplace and evaluate the risks they pose to health.
Why should I care about this clause?
This is a legal requirement in the UK and similar jurisdictions, requiring employers to document what hazardous substances are present, how they are used, who might be exposed, and what control measures are in place to minimize risk.
What are my options?
The assessment must be recorded in writing and reviewed regularly or when circumstances change.
How does this affect small businesses?
This clause matters for insurance purposes because insurers typically require evidence of COSHH compliance before providing coverage; failure to conduct assessments can void insurance policies or result in claim denials.