Employee Exposure to Hazardous Substances (Employers’ Liability Guide)

Why hazardous substances matter for Employers’ Liability

Employee exposure to hazardous substances is one of the most common and costly sources of employers’ liability (EL) claims in the UK. The challenge is that harm is not always immediate. Some exposures cause short-term illness (burns, asthma attacks, dermatitis), while others can lead to long-latency conditions that show up years later.

From an EL perspective, the risk is twofold:

• People risk: your staff can be injured or become ill, sometimes permanently.
• Financial and legal risk: you may face compensation claims, legal costs, enforcement action, and disruption to operations.

A strong approach to identifying substances, controlling exposure, and documenting what you’ve done is usually the best “defence” if a claim is made.

What counts as a hazardous substance?

In simple terms, a hazardous substance is anything that can harm health if it is inhaled, swallowed, injected, or absorbed through the skin or eyes.

Common examples include:

• Dusts (wood dust, silica, flour dust)
• Fumes (welding fumes, soldering fumes)
• Vapours (solvents, paints, thinners)
• Mists and aerosols (sprays, disinfectants)
• Chemicals (acids, alkalis, cleaning agents)
• Oils and coolants (metalworking fluids)
• Biological agents (bacteria, viruses, moulds)
• Substances created by work processes (exhaust fumes, by-products)

A key point: you don’t need to be a “chemical” business to have exposure risk. Offices, warehouses, care settings, hospitality, construction, manufacturing, and vehicle workshops all have common exposure routes.

The UK legal framework (plain English)

Most employers’ duties around hazardous substances sit under:

• COSHH (Control of Substances Hazardous to Health Regulations)
• Health and Safety at Work etc. Act 1974
• Management of Health and Safety at Work Regulations

You don’t need to memorise the legislation, but you do need to understand the practical expectations:

1. Identify hazardous substances and exposure routes.
2. Assess the risk (who is exposed, how often, how severe).
3. Prevent exposure where reasonably practicable.
4. If you can’t prevent it, control it using appropriate measures.
5. Maintain and test controls (e.g., extraction systems).
6. Provide information, instruction, and training.
7. Provide health surveillance where required.
8. Keep records.

If a claim happens, the question is often: did you take reasonable steps to prevent harm and can you evidence it?

How exposure happens: the main routes

Understanding exposure routes helps you build better controls.

• Inhalation: breathing in dust, fumes, vapours, mists.
• Skin contact: dermatitis from cleaning agents, oils, resins, cement.
• Eye contact: splashes from chemicals, aerosols, dust.
• Ingestion: contamination on hands, food areas, poor hygiene controls.
• Injection/penetration: high-pressure equipment, contaminated sharps.

Many incidents are not “one big accident”. They’re repeated small exposures over time.

Common high-risk industries and scenarios

Exposure risks vary by sector, but these are frequent EL claim areas:

• Construction and trades: silica dust (cutting, drilling), cement burns, solvents, adhesives, asbestos (where present), paints.
• Manufacturing and engineering: welding fume, metalworking fluids, degreasers, isocyanates, resins.
• Motor trade and body shops: paint spraying, thinners, brake dust, fuel vapours, cleaning chemicals.
• Healthcare and care: disinfectants, cleaning agents, latex sensitivity, biological agents.
• Hospitality and cleaning: strong cleaning products, aerosols, descalers, bleach mixes.
• Warehousing and logistics: diesel exhaust, battery charging fumes, cleaning chemicals.
• Food production: flour dust, cleaning chemicals, allergens.

If you employ contractors or agency staff, you still need clarity on who controls the work and what training and PPE is required.

Typical injuries and illnesses linked to exposure

These are the outcomes that most often lead to EL claims:

• Occupational asthma (e.g., flour dust, isocyanates, wood dust)
• Dermatitis and chemical burns (cleaners, oils, cement)
• Respiratory irritation and chronic bronchitis
• Eye injuries (splashes, aerosols)
• Sensitisation (developing a long-term allergic response)
• Long-latency disease (certain dusts/fibres, prolonged exposure)

Even “mild” symptoms can become serious if exposure continues.

How employers’ liability claims arise

Most EL exposure claims follow a familiar pattern:

1. An employee develops symptoms or is diagnosed.
2. They link it to work (sometimes after leaving the business).
3. They allege failures such as lack of PPE, poor ventilation, no training, or no COSHH assessment.
4. Solicitors request records: risk assessments, training logs, maintenance records, incident reports.
5. The insurer investigates and defends or settles depending on evidence.

Claims are often strengthened when there is:

• No documented COSHH assessment
• No evidence of training or supervision
• Inadequate extraction/ventilation
• PPE provided but not enforced
• Poor housekeeping (dust build-up)
• No health surveillance where needed

COSHH assessments: what “good” looks like

A COSHH assessment doesn’t need to be complicated, but it should be specific to your workplace.

A strong assessment typically includes:

• The substance/product name and where it’s used
• Who is exposed (roles, contractors, visitors)
• How exposure occurs (inhalation, skin, eyes)
• Frequency and duration of exposure
• Existing controls (ventilation, extraction, process changes)
• PPE requirements and why
• Storage and handling rules
• First aid and spill response
• Disposal arrangements
• Training requirements
• Review date and triggers (new product, new process, incident)

Tip: keep Safety Data Sheets (SDS) accessible, but don’t treat them as the assessment. The SDS is a starting point; your COSHH assessment is about your actual working conditions.

The hierarchy of control (the practical order)

When reducing exposure, insurers and regulators generally expect you to follow a sensible hierarchy:

1. Eliminate: stop using the substance or stop the task.
2. Substitute: switch to a less hazardous product or process.
3. Engineering controls: local exhaust ventilation (LEV), enclosed systems, automation.
4. Administrative controls: safe systems of work, rotation, restricted access, cleaning schedules.
5. PPE/RPE: gloves, goggles, respirators.

PPE is important, but it’s usually the last line of defence. If your controls rely only on PPE, you may be exposed to higher claim risk.

Ventilation and extraction (LEV): where businesses get caught out

LEV is a major claim factor in dusty or fume-heavy environments. Common problems include:

• Extraction installed but not used consistently
• Poor positioning (doesn’t capture at source)
• Filters not maintained
• No testing records
• Staff not trained on correct use

If you use LEV, keep maintenance and test documentation organised. In a claim, this paperwork can be the difference between a strong defence and a quick settlement.

PPE and RPE: selection, fit, and enforcement

Providing PPE is not enough. You need to show it is:

• Suitable for the hazard (correct glove material, correct filter type)
• Available in the right sizes
• Maintained and replaced
• Used correctly
• Enforced through supervision

For RPE (respiratory protective equipment), fit testing is often essential for tight-fitting masks. If you can’t evidence fit testing where required, it can weaken your position.

Training and supervision: what to cover

Training should be practical and role-specific. For hazardous substances, that usually means:

• What the substance is and why it’s hazardous
• How exposure happens and what symptoms to watch for
• Safe handling and storage
• Correct use of extraction/ventilation
• Correct PPE/RPE use, limitations, and maintenance
• Spill response and first aid
• Reporting procedures (near misses, symptoms, defects)

Supervision matters most for new starters, young workers, and high-risk tasks.

Health surveillance: when it’s needed

Health surveillance is not for every workplace, but it’s important when:

• There is a known risk of a particular disease (e.g., dermatitis, asthma)
• Controls may not fully prevent exposure
• Early detection makes a difference

Examples include skin checks for dermatitis risks and respiratory checks for sensitising agents.

If you implement health surveillance, keep records and act on findings. Ignoring early warning signs can increase harm and increase claim severity.

Record keeping: your best friend in a claim

When a claim lands, you’ll be asked for evidence. Useful records include:

• COSHH assessments and review history
• SDS library and product approvals
• Training logs (dates, content, attendees)
• PPE issue records and fit tests
• LEV maintenance and test certificates
• Cleaning schedules and audits
• Incident/near-miss reports
• Health surveillance records (where applicable)

Good records don’t just help defend claims; they also help you spot trends and prevent repeat issues.

What insurers look for (and how it affects premiums)

Insurers typically price EL risk based on your industry, payroll, claims history, and risk management standards.

Strong risk management can help you present better at renewal, especially if you can show:

• Clear COSHH process and ownership
• Up-to-date assessments
• Evidence of training and enforcement
• Investment in engineering controls
• A culture of reporting and fixing issues early

If you’ve had a claim, insurers will want to know what changed afterwards.

Practical checklist: reducing exposure risk in 30 days

If you want a simple starting plan, focus on these actions:

1. List all substances used and generated by processes.
2. Gather SDS for each product and confirm current versions.
3. Complete or refresh COSHH assessments for high-risk tasks first.
4. Check storage: labels, segregation, ventilation, spill kits.
5. Review ventilation/LEV performance and book testing if overdue.
6. Confirm PPE/RPE suitability and replace worn items.
7. Run a short toolbox talk on exposure routes and reporting.
8. Introduce a simple symptom reporting process.
9. Audit housekeeping (dust control, cleaning methods).
10. Set review dates and assign a responsible person.

When to get specialist help

You should consider competent external support if:

• You use sensitising chemicals (e.g., isocyanates)
• You have significant dust or fume generation
• You suspect exposure-related illness
• You need LEV design, testing, or upgrades
• You’re unsure about health surveillance requirements

A small amount of expert input can prevent expensive mistakes.

Employers’ Liability insurance: what it does (and doesn’t) cover

Employers’ liability insurance is designed to cover compensation and legal costs if an employee claims they were injured or made ill due to their work.

However:

• Policies can have conditions around risk management and disclosure.
• Poor documentation can make claims harder to defend.
• Fines and penalties from regulators are generally not covered.

The goal is to combine insurance with solid controls so incidents are less likely and claims are easier to handle.

FAQs

Is a COSHH assessment legally required?

If employees are exposed to substances hazardous to health, you are expected to assess the risks and control exposure. A COSHH assessment is the standard way to document this.

Do I need COSHH assessments for cleaning products?

Often, yes. Many cleaning products can cause skin and eye damage or respiratory irritation, especially with frequent use or poor ventilation.

If we provide PPE, are we compliant?

Not automatically. PPE is usually the last line of defence. You should also consider elimination, substitution, and engineering controls like extraction.

What if employees don’t wear PPE?

You still have duties. You should provide training, supervision, and enforcement. Repeated non-compliance should be managed like any other safety issue.

How long should we keep exposure records?

There isn’t a single rule for every situation, but because some conditions develop over time, keeping records for longer periods is often sensible. Your insurer or health and safety adviser can guide you based on your risks.

Can exposure claims be made after an employee leaves?

Yes. Some illnesses have delayed onset. That’s why documentation and good processes matter even if you have low staff turnover.

Next steps: protect your people and your business

If your business uses chemicals, creates dust or fumes, or relies on regular cleaning and maintenance, it’s worth treating exposure risk as a core employers’ liability issue.

A practical approach is simple: identify substances, control exposure at source, train staff, and keep records. If you’d like, we can also help you review your employers’ liability cover alongside your wider business insurance, so your policy matches the real risks in your workplace.

Call us on 0330 127 2333 or visit insure24.co.uk to discuss employers’ liability and risk management for your sector.