The Health and Safety Executive (HSE) has no current plans to produce sector specific guidance on formaldehyde in NHS workplaces. The Control of Substances Hazardous to Health Regulations (2002) (COSHH) (as amended) is a robust and well-established regulatory framework in place to protect workers from the health risks associated with exposure to hazardous substances in the workplace, including formaldehyde. The accompanying Approved Code of Practice (ACOP) and guidance to these regulations gives practical advice on how to comply with the law.

Under COSHH, it is the responsibility of each NHS employer to assess the risk from their work activities involving formaldehyde and to ensure that the exposure of their employees to this hazardous substance is either prevented, or where this is not reasonably practicable, adequately controlled. Where it is not reasonably practicable, it is for the NHS employer to put in place and maintain the protection measures that adequately control the risk from exposure in accordance with the requirements of COSHH. Where controls are in place employers have a duty to ensure they are maintained so that they remain effective and protect workers.

Where HSE receives intelligence suggesting employers are not controlling risks, HSE responds in a proportionate way, which may include inspections or enforcement action if employers are not complying with legal requirements.

The Control of Substances Hazardous to Health Regulations (2002) (COSHH) (as amended) is a robust and well-established regulatory framework in place to protect workers from the health risks associated with exposure to hazardous substances in the workplace, including formaldehyde.

Under COSHH, it is the responsibility of each employer to assess the risk from their work activities involving formaldehyde and to ensure that the exposure of their employees to this hazardous substance is either prevented, or where this is not reasonably practicable, adequately controlled.

Where workers or members of the public have serious concerns regarding the compliance of individual employers with these regulations, these can be raised with the Health and Safety Executive (HSE) where concerns are triaged, and appropriate action taken to ensure employers are adequately controlling the risks from working with formaldehyde.

HSE is also working with stakeholder groups to remind employers of their duty to protect their employees from the risks associated with working with formaldehyde.

Following the UK’s exit from the EU, and the end of the Transition Period (TP), the UK is no longer involved in the EU limit-setting regime.

The EU’s revised binding occupational exposure limit for Formaldehyde had an implementation date of 11 July 2021, with an extended transition period to 11 July 2024 for the healthcare, funeral, and embalming sector in the UK.

As the date of implementation falls after the end of the Transition Period, there is no legal obligation for the UK to align with the revised EU limits, and this includes the revised limit for Formaldehyde. The current Great Britain (GB) Workplace Exposure Limit for Formaldehyde remains 2ppm, which is the previously agreed limit. However, the Health and Safety Executive is currently considering a long-term delivery model for setting workplace exposure limits in GB ensuring any limits introduced will be achievable, feasible and protective of health.

The Health and Safety Executive for Northern Ireland (HSENI) is responsible for developing a system for Northern Ireland.

There is a robust and well-established regulatory framework in place in GB to protect workers from health risks associated with exposure to hazardous substances in the workplace through the Control of Substances Hazardous to Health Regulations 2002 (COSHH). Under COSHH, exposure to carcinogens, (as well as mutagens and asthmagens) should be reduced to as low as is reasonably practicable.

The EU has recently reviewed the occupational exposure limit value for formaldehyde, and in the Phase 3 amendment to the Carcinogens and Mutagens Directive 2004/37/EC, introduced a new binding occupational exposure limit value (BOELV) of 0.3ppm, which came into force on 11 July 2019. The current GB work place exposure limit (WEL) is 2ppm.

Member States have two years to transpose the new BOELV (i.e. by 11 July 2021). Because of differences in cultural practices; cost of embalming and greater capacity in the facilities available; and the limited use of embalming in other Members States, the UK negotiated an additional 3-year transitional period (until July 2024) for the funeral and embalming sector, during which time an interim BOELV of 0.5ppm will apply. This is to allow the UK funeral and embalming sector to comply with the Directive without incurring disproportionate costs.

The Health and Safety Executive is currently working to implement the revised exposure limits for formaldehyde.

The EU has recently reviewed the occupational exposure limit value for formaldehyde, and in the Phase 3 amendment to the Carcinogens and Mutagens Directive 2004/37/EC, introduced a new binding occupational exposure limit value (BOELV) of 0.3ppm, which came into force on 11 July 2019. The current GB work place exposure limit (WEL) is 2ppm.

Member States have two years to transpose the new BOELV (i.e. by 11 July 2021). Because of differences in cultural practices; cost of embalming and greater capacity in the facilities available; and the limited use of embalming in other Members States, the UK negotiated an additional 3-year transitional period (until July 2024) for the funeral and embalming sector, during which time an interim BOELV of 0.5ppm will apply. This is to allow the UK funeral and embalming sector to comply with the Directive without incurring disproportionate costs.

The Health and Safety Executive is currently working to implement the revised exposure limits for formaldehyde.