Appendix 4: Example Improvement Notices

Appendix 4: Example Improvement Notices

4.1 Inadequate RPE

This notice covers COSHH reg 7 so is used where there is no provision of RPE or the RPE is inadequate. The material breach in this instance is that the RPE does not prevent or adequately control exposure, by not filtering out contaminants (eg using a particulate filter for solvent vapours)

Statutory Provision

Control of Substances Hazardous to Health Regulations 2002 (as amended), Regulation 7(1).

Health and Safety at Work etc. Act 1974, Section 2(1).

Reasons for opinion:

You as an employer (whichever status is applicable) have failed to provide persons exposed to ...... with Respiratory ProtectiveEquipment which adequately controls their exposure.

Schedule

This is a generic schedule so you can strike out the non-relevant bullet points.

*……………. is **…….. and is harmful by inhalation.

Where it is necessary to use Respiratory Protective Equipment (RPE) either solely or

in addition to other control measures, you should introduce and implement a system to ensure:

that the RPE is suitable for purpose and capable of adequately controllingexposure
that it is kept clean and regularly maintained
that it is on individual issue and specifically selected for individual employees/wearers
that persons are face fit tested for tight fitting RPE

Any other equally effective means of complying may be used.

* Substance eg Flour dust, Xylene, Granite Stone Dust, etc

** Toxic effect eg is an asthmagen, carcinogen, is a cause of silicosis etc.

4.2 RPE where there is no face fit for tight fitting facepieces

This notice covers COSHH reg 7, where the RPE is not suitable because the wearer has not been fit tested for the tightly-fitting facepiece RPE they are using. The material breach in this instance is that the RPE may not prevent exposure because badly fitted masks can allow substances to leak through gaps between the skin and the facepiece.

Statutory Provision

Control of Substances Hazardous to Health Regulations 2002 (as amended).

Regulation 7(1) [the duty is 7(1)] Health and Safety at Work etc. Act 1974, Section 2(1).

Reasons for opinion:

You as an employer (whichever status is appropriate) have failed to provide persons exposed to ...... with Respiratory ProtectiveEquipment which adequately controls their exposure. Specifically you have not ensured that the selected facepiece is of the right size and correctly fits each wearer.

Schedule

*……………. is **…….. and is harmful by inhalation.

Where it is necessary to use Respiratory Protective Equipment (RPE) either solely or

in addition to other control measures, you should introduce and implement a system to ensure that the selected facepiece (tight and loose-fitting types) is of the right size and can correctly fit each wearer. For a tight-fitting facepiece (disposable masks, half and full-face masks) the initial selection should include fit testing by a competent person to ensure the selected RPE fits the wearer. The test will assess the fit by determining the degree of face-seal leakage of a test agent while the RPE user is wearing the facepiece under test. For full-face masks, a quantitative fit test should be used and the pass level fit factor is 2000. For devices such as disposable and reusable half masks, the pass level fit factor is 100. For these lower performance facepieces, a suitable and validated qualitative method (often called a semi-quantitative test) can be carried out instead.

Any other equally effective means of complying may be used.

* Substance eg Flour dust, Xylene, Granite Stone Dust, etc

** Toxic effect eg is an asthmagen, carcinogen, is a cause of silicosis etc.

4.3 RPE is visibly badly maintained :

This notice covers COSHH regulation 9. The subjects are the maintenance and examination of RPE. This covers the need for maintenance of RPE so that the wearer does not breathe unfiltered or contaminated air [COSHH 9(1)]. Included is the practical guidance in the COSHH ACOP for examination of RPE [COSHH 9(3)].

Statutory Provision

Control of Substances Hazardous to Health Regulations 2002 (as amended).

Regulation 9(1), Health and Safety at Work etc. Act 1974, Section 2(1).

Reasons for opinion:

You as an employer (whichever status is appropriate) have failed to provide persons exposed to ...... with Respiratory Protective Equipment which adequately controls their exposure in that you did not ensure that the Respiratory Protective Equipment was maintained in an efficient state, in efficient working order, in good repair and in a clean condition.

Schedule

*……………. is **…….. and is harmful by inhalation.

Where it is necessary to use Respiratory Protective Equipment (RPE) either solely or in addition to other control measures, you should introduce and implement a system to ensure maintenance, examination and tests are in accordance with the manufacturer’s instructions. Examinations should comprise a thorough visual examination of all parts of the respirator or breathing apparatus, to ensure that all parts are present, correctly fitted, and the equipment is in good working order. In particular, the examination should ensure that the straps, facepieces, filters and valves are sound and in good working condition. For powered respirators, tests should:

(a) be made on the condition and efficiency of those parts;

(b) ensure that the battery pack is in good condition; and

Any other equally effective means of complying may be used.

* Substance eg Flour dust, Xylene Granite Stone Dust etc

** Toxic effect eg is an asthmagen, carcinogen, is a cause of silicosis etc

4.4 Testing of supplied air for Breathing apparatus.

This notice covers COSHH regulation 9. The subject is the quality of air supplied to breathing apparatus and does not therefore link directly to maintenance and examination of RPE. It does cover the need for the equipment supplying the RPE (an engineering control as provided to meet Reg 7) to be tested so that the wearer does not breathe contaminated air [9(2)]. Included is the practical guidance in the ACOP and guidance for testing of air quality for breathing apparatus [9(2)].

Statutory Provision

Control of Substances Hazardous to Health Regulations 2002 (as amended),

Regulation 9(2), Health and Safety at Work etc. Act 1974, Section 2(1)

Reasons for opinion:

You as an employer (whichever status is appropriate) are unable to demonstrate that your equipment supplying air for breathing apparatus, provided to protect persons against exposure to….., in your work place was tested at suitable intervals.

Schedule

*……………. is **…….. and is harmful by inhalation.

Where it is necessary to use Respiratory Protective Equipment (RPE) either solely or

in addition to other control measures, you should ensure that the quality of the air supplied to a breathing apparatus should be tested at suitable intervals, depending on the task and the frequency of use. Where the air supply is from mobile compressors, the employer should ensure that wherever a compressor is located, the quality of air it supplies is not compromised by nearby contaminants. In every case, the air supplied to a breathing apparatus should meet the relevant quality standard. As it is not reasonably practicable to test for all contaminants, the risk assessment made under Control of Substances Hazardous to Health Regulations 2002 (as amended) regulation 6 should guide what other contaminants will require testing

Any other equally effective means of complying may be used.

* Substance eg Flour dust, Xylene, Granite Stone Dust, etc

** Toxic effect eg is an asthmagen, carcinogen, is a cause of silicosis etc.

4.5 Lack of training

This Notice covers regulation 12. If the wearer has not been trained in the use, storage and maintenance of RPE, it is unlikely they will wear the equipment properly. If the wearer appears to be using the equipment properly then a letter may be more appropriate.

Statutory Provision

Control of Substances Hazardous to Health Regulations 2002 (as amended).

Regulation 12(1), Health and Safety at Work etc. Act 1974, Section 2(1).

Reasons for opinion:

You have failed to provide employees exposed to ...... with suitable and sufficient information, instruction and training so as to ensure the Respiratory ProtectiveEquipment provided adequately controls their exposure.

Schedule

*……………. is **…….. and is harmful by inhalation.

Where it is necessary to use Respiratory Protective Equipment (RPE) either solely or

in addition to other control measures, you should ensure that any employee who carries out work in connection with your duties under these Regulations has suitable and sufficient information, instruction and training to enable them to understand how to wear and use that equipment so as to provide adequate control against the hazardous substance .

Any other equally effective means of complying may be used.

* Substance eg Flour dust, Xylene, Granite Stone Dust, etc

** Toxic effect eg is an asthmagen, carcinogen, is a cause of silicosis etc