The Law
The control of Substances Hazardous to Health
Regulations 2002 (COSHH) are the main regulations that
apply to any substance hazardous to health in the
workplace. If you have suffered harm at work
because of employer negligence, you may be able to claim
dermatitis or skin disease
compensation.
The regulations initially came into force in 1989 and
have been updated.
In the regulations a substance
hazardous to health is given a wide definition, and
includes natural substances such as grain dust, and not
just harmful chemicals.
The legal duties placed on am
employer by COSHH include an obligation to assess what
hazardous substances are used at work and the steps
needed to comply with health and safety requirements.
The employer must introduce measures to ensure that
exposure to hazardous substances is either prevented or
adequately controlled. An example of a COSHH
assessment working in practice is that following the
assessment a decision is made by an employer to replace
a substance with a less harmful substance.
COSHH places many
important health and safety duties on an employer, such
as supplying suitable personal protective equipment,
good housekeeping and keeping records. Duties also
include providing information and training to employees,
and keeping health records for employees.
The Court of
Appeal in the case of Dugmore v Swansea NHS Trust 2002
held that the obligation on an employer under COSHH to
ensure that exposure to a hazardous substance is either
prevented altogether of adequately controlled was an
absolute duty. That is, that an employer cannot put
forward any excuse or reason for not fulfilling his
duties under the Regulations.
If the duties under COSHH
regarding preventing or controlling exposure to
hazardous substances have not been met then judgement
will be entered against the employer and the worker will
be entitled to
compensation.
In this case of Dugmore v
Swansea NHS Trust the claimant, who had worked as a
nurse, recovered substantial compensation from her
former employer for exposure to the hazardous substance
of latex that was used in a variety of hospital
equipment, especially gloves. Occupational dermatitis
is a disease that is included in the industrial injuries
scheme of the Department for Work and Pensions.
It may
be possible to make an application for Industrial
Injuries Disablement Benefit, and this benefit is dealt
with by Jobcentre Plus. Any skin problems should be
reported at work to the supervisor or manager because
they need to be informed that the safety measures are
failing and must be reviewed.
It is important that
occupational dermatitis is not ignored because it is
likely to become more severe if it is not treated.
Medical advice should be obtained as soon as possible
from a GP or works doctor.
The doctor should be shown
the safety data sheets for any substances used at work.
If the occupational dermatitis does not go away then it
is important to see a skin specialist or a consultant
dermatologist at the local hospital.
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