HC Deb 14 July 1992 vol 211 cc627-30W
Mr. Henderson

To ask the Secretary of State for Employment how many employers have been prosecuted under the Control of Substances Hazardous to Health Regulations 1988 since 1 January 1989.

Mr. McLoughlin

Prosecutions under the Control of Substances Hazardous to Health Regulations 1988 may be taken against employers, employees or the self-employed. Details of the number of employers prosecuted are not held centrally. However, during the period 1 April 1989 to 31 March 1991 the Health and Safety Executive's factory and agricultural inspectorates initiated proceedings which resulted in 55 informations laid or complaints taken in England, Wales and Scotland during this period. This is the latest figure available.

Mr. Henderson

To ask the Secretary of State for Employment (1) how many incidents of exposure to or contact with harmful substances occurred in workplaces registered with(a) the factory inspectorate, (b) the quarries inspectorate, (c) the agricultural inspectorate, (d) the nuclear inspectorate and (e) the mines inspectorate in each year since 1989;

(2) how many incidents of exposure to or contact with harmful substances occurred in workplaces registered with the railway inspectorate in each year since 1989;

(3) how many people were reported to have been exposed to or in contact with a harmful substance in each year between 1986 and 1991;

(4) how many fatal accidents have been associated with exposure to or contact with hazardous substances in 1989, 1990 and 1991.

Mr. McLoughlin

Fatalities arising from accidents involving contact with or exposure to a harmful substance reported to all Health and Safety Commission enforcing authorities under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations, 1985 for 1989–90 and 1990–91 are given in the table:

11989–90 11990–91
Employees 7 8
Self-employed 1 3
Members of public2 3 1
TOTAL 11 12
1 Years commencing 1 April.
2 Members of the public killed as a result of someone else's work activity.

Occupational injuries arising from exposure to, or contact with a harmful substance reported to HSE's factory and agricultural inspectorates and to local authorities, for years' between 1986 to 1991 are given in the table.

Year2 Fatal Major3 Over 3 day4 Total
1986–87 7 535 1,198 1,740
1987–88 11 421 1,307 1,739
1988–89 7 397 1,167 1,571
1989–90 11 452 1,312 1,775
1990–915 12 499 1,250 1,761
1 Injuries at work to employees, self—employed persons and members of the public injured as a result of someone else's work activity reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations, 1985 (RIDDOR).
2 Years commencing 1 April.
3 As defined under RIDDOR.
4 An injury causing incapacity for work for more than three days and reportable for employed persons only.
5 Includes reports made to the HSE's Quarries Inspectorate.

Apart from a small number of specific dangerous occurrences, the RIDDOR require injuries rather than incidents to be reported. Information on the number of incidents involving exposure to or contact with a harmful substance is therefore not available.

Mr. Henderson

To ask the Secretary of State for Employment what assessment she has made of the quality of the suppliers' information on hazardous substances; and what measures the Health and Safety Executive is planning to improve the quality of manufacturers' data sheets.

Mr. McLoughlin

Manufacturers are required to provide information on hazardous substances under section 6 of the Health and Safety at Work etc. Act 1974. Compliance with this requirement is routinely monitored by inspectors of the Health and Safety Executive during visits to manufacturers and their customers. A special survey, by HSE's inspectors, on compliance with section 6 was carried out during 1991–92. Information on this will be available by the beginning of 1993.

I am pleased to be able to say that on 13 July the Health and Safety Commission published proposals for new regulations dealing with the provision of information on hazardous chemicals. Among other requirements the proposed Chemicals (Hazard Information and Packaging) Regulations will, for the first time, oblige suppliers of dangerous chemicals to provide the recipient with a safety data sheet. The standard of the safety data sheet is specified in the draft regulations and is based on an EC directive. A code of practice will accompany the regulations and give advice on the completion of the safety data sheet.

I have made arrangements for the hon. Member to be provided with a copy of the consultative document.

Mr. Henderson

To ask the Secretary of State for Employment what groups are exempt from the requirements of the Control of Substances Hazardous to Health Regulations 1988.

Mr. McLoughlin

The duties imposed by the Control of Substances Hazardous to Health Regulations 1988 do not extend to normal shipboard activities carried out by a ship's crew under the direction of the master, nor do they apply to work outside Great Britain: for example, extractive work in the North sea.

Regulations 6 to 12, which protect persons against risks to their health, do not apply to work underground in a mine.

The self-employed are exempt from the requirements for monitoring exposure and health surveillance, regulations 10 and 11.

Mr. Henderson

To ask the Secretary of State for Employment how many employers have been prosecuted under regulation 12 of the Control of Substances Hazardous to Health Regulations for not providing adequate employee training in each year since 1989.

Mr. McLoughlin

Details of the number of employers prosecuted under regulation 12 of the Control of Substances Hazardous to Health Regulations 1988 are not held centrally. The only details available are for informations and complaints initiated by the Health and Safety Executive's factory and agricultural inspectorates. Their records show no informations were laid in England and Wales nor any complaints taken by procurators fiscal in Scotland under regulation 12 during April 1989 to March 1990. During April 1990 to March 1991, nine informations were laid in England and Wales or complaints taken by procurators fiscal in Scotland under this regulation.

These are the latest figures available.

Mr. Henderson

To ask the Secretary of State for Employment what was the average fine levied on employers in breach of the Control of Substances Hazardous to Health Regulations 1988 for each year since 1 January 1989, including the latest figure for 1992.

Mr. McLoughlin

Details of the number of employers prosecuted under the Control of Substances Hazardous to Health Regulations (COSHH) 1988 during the period April 1989 to March 1991 are not held centrally. However, the average fine levied per information in England and Wales or complaint taken by procurators fiscal in Scotland for breaches of COSHH during April 1989 to March 1990 was £600. During April 1990 to March 1991 the figure was £648. Figures are not available for 1992.

Mr. Henderson

To ask the Secretary of State for Employment how many different substances hazardous to health are estimated by the Health and Safety Executive to be at use in the workplace.

Mr. McLoughlin

Health and Safety Executive officials estimate that 20,000 to 30,000 pure chemicals and :50,000 to 100,000 proprietary mixtures would be hazardous to health. An accurate estimate of the number of substances hazardous to health cannot be given except at disproportionate cost.

Mr. Henderson

To ask the Secretary of State for Employment when regulation 6 of the Control of Substances Hazardous to Health Regulations 1988 came into force; and what action the Health and Safety Executive is taking to ensure employers comply with the regulation.

Mr. McLoughlin

Regulation 6 of the Control of Substances Hazardous to Health Regulations (COSHH) come into force on 1 October 1989, but compliance with the requirement for employers to make a suitable and sufficient assessment—regulation 6.1—was deferred until 1 January 1990.

The Health and Safety Executive has committed substantial resources to promoting awareness and understanding of the regulations throughout Great Britain. It has produced a wide range of guidance material, given lectures, held seminars and made site visits to promote COSHH. The HSE surveys show that over 80 per cent. of people in Great Britain work for companies aware of the regulations.

Where it has been necessary, enforcement action for breaches of the regulation 6 of COSHH has been initiated by the HSE.