Does COSHH apply to control of workplace COVID risks?
It appears not. The HSE “Approved Code of Practice and guidance” document L5 (6th edition) 2013 includes the following advice at paragraph 18:
“The general duties of COSHH apply to incidental exposure to, and deliberate work with, biological agents. However, COSHH does not cover a situation where, for example, one employee catches a respiratory infection from another. This is because regulation 2(2) specifies that COSHH only applies in those circumstances where risks of exposure are work related, and not those where they have no direct connection with the work being done.”
The application of COSHH in this context will be of interest to employers and lawyers who may be considering or dealing with COVID compensation claims. For further advice on workplace COVID compensation claims click here.