COSHH (Control of Substances Hazardous to Health) is a UK regulatory framework requiring employers to identify, assess, and control exposure to hazardous substances in the workplace. When this clause appears in a force-majeure section, it creates significant confusion because COSHH compliance is an ongoing occupational health and safety obligation, not an event-based excuse for non-performance. Force-majeure clauses typically excuse performance when unforeseeable, external events (pandemics, natural disasters, wars) make performance impossible; COSHH compliance is neither unforeseeable nor external—it is a continuous employer duty.
The misplacement of COSHH in a force-majeure clause suggests drafting error and creates ambiguity about whether the parties intend COSHH violations to excuse contract performance or whether COSHH compliance is simply being referenced as a general obligation. This creates legal risk: a court might interpret the clause as allowing a party to claim force-majeure protection for COSHH-related disruptions (e.g., "we cannot perform because we discovered hazardous substances"), which is not the intended legal effect of either COSHH or force-majeure doctrine.
Immediately request that the COSHH compliance language be removed from the force-majeure clause and relocated to a separate "Health and Safety Obligations" or "Regulatory Compliance" section. The revised clause should clearly state that COSHH compliance is a non-excusable, ongoing obligation of the employer and should specify key requirements such as hazard assessments, safety data sheets, employee training, and exposure monitoring. If COSHH-related incidents (e.g., discovery of asbestos requiring facility closure) could genuinely prevent performance, address this separately in the force-majeure clause with specific, limited language rather than embedding COSHH compliance itself in the force-majeure section.
Frequently Asked Questions
What does this clause mean in simple terms?
COSHH (Control of Substances Hazardous to Health) is a UK regulatory framework requiring employers to identify, assess, and control exposure to hazardous substances in the workplace.
Why should I care about this clause?
When this clause appears in a force-majeure section, it creates significant confusion because COSHH compliance is an ongoing occupational health and safety obligation, not an event-based excuse for non-performance.
What are my options?
Force-majeure clauses typically excuse performance when unforeseeable, external events (pandemics, natural disasters, wars) make performance impossible; COSHH compliance is neither unforeseeable nor external—it is a continuous employer duty.
How does this affect small businesses?
The misplacement of COSHH in a force-majeure clause suggests drafting error and creates ambiguity about whether the parties intend COSHH violations to excuse contract performance or whether COSHH compliance is simply being referenced as a general obligation.