What is Occupational Asthma?
Occupational Asthma or Restrictive Airways Dysfunction Syndrome (RADS), is a breathing
disorder caused by widespread narrowing of the bronchial airways. The condition
is caused by the inhalation of a substance, agent, chemical or dust at work. Symptoms
of the condition include:
- coughing
- wheezing
- tightening of the chest, and
- difficulties in breathing.
How is Industrial Asthma caused?
There are over 200 substances that are identified as irritants which are capable
of causing occupational asthma. The most common irritant being:
- "isocyanates" which are a group of chemicals found in many paints, polyurethane
and foams.
Other common causes are agents such as:
- flour and grain dust
- wood dust
- latex, and some
- glues and resins.
Who is most at risk?
The groups of workers most at risk of inhaling these substances include:
- bakery workers
- cleaners
- nursing and care staff
- catering workers
- spray painters, and
- woodworkers.
Mr F worked for almost 20 years as a manual processor for a metal plating company.
During the course of his employment, Mr F was exposed to toxic fumes released through
the mixing of various chemical substances including acid, cyanide and caustic soda
that were involved in the plating process. Mr F was not provided with any protective
masks or other breathing aids and inevitably breathed in a great deal of these fumes
and smoke on a daily basis. He developed severe breathing difficulties and was diagnosed
with asthma caused by his extensive exposure to the toxic fumes. Mr F’s asthma became
permanent and he was unable to continue in his employment.
Mr F contacted Simpson Millar LLP who pursued a claim on his behalf. Despite the
company going out of business, the relevant insurers were quickly identified. Vital
witness evidence was gathered and presented to the insurers. Shortly after, the
insurers admitted fault and a settlement of the claim was achieved.
Exposure
Prolonged or repeated exposure to these irritants can result in chronic asthma.
This is a condition whereby symptoms increase in severity and are less likely to
be helped or reversed even with strong asthmatic medication or removal from the
workplace environment.
What duties do employers have?
Employers are under a statutory duty to control an employee's exposure to fumes,
dust and impurities including those that can cause asthma. These duties are now
embodied within The Control of Substances Hazardous to Health (COSHH) Regulations.
Breach of these regulations can form the basis of a claim for damages and compensation.
Under COSSH:
- employers are required as part of their duty to undertake an assessment of the health
risks caused by hazardous substances, and
- if they are identified, to take steps to assess the level of exposure and to institute
prevention measure
- if prevention is not possible then to reduce exposure to as low a level as possible
and then restrict exposure through implementing systems of ventilation and/or extraction
- if the use of a substance can not be reduced then employers should provide personal
protective equipment.
Employers are also under a duty to operate a system of health surveillance to ensure
that control measures are used and maintained and employees are suitably aware of
the relevant risks and preventative measures involved when working with hazardous
substances.
Employers must monitor their employee’s exposure to such substances on a regular
basis and ensure that employees working with hazardous substances are informed of
the symptoms and risks of occupational asthma and asked to report any symptoms immediately.
Despite the legal duties many employers do not fully execute their duties under
the regulations resulting in employees being exposed to hazardous substances.
Can I claim?
The Health and Safety Executive estimates that each year between 1,500 and 3,000
people in Great Britain develop occupational asthma.
If, you have been diagnosed or you believe you are suffering with Occupational Asthma
then you should seek legal advice immediately.
Is there a time limit?
Any claim for Occupational Asthma must be made within 3 years of the date you knew
or ought to know you were suffering with the condition and therefore it is imperative
that you seek advice as soon as possible.
Simpson Millar LLP has a specialist team of dedicated Solicitors who are highly
skilled in dealing with claims of this nature. For further information and advice
please call our offices and ask to speak to a Solicitor from the Industrial Disease
team who will be able to take your details and advise you whether you have a potential
claim.
World Asthma Day 2008
World Asthma Day is organised by the Global Initiative for Asthma (GINA) to improve
asthma awareness and care around the world. World Asthma Day 2008 takes place on
Tuesday 6 May 2008. The theme of this year's event is "You Can Control Your Asthma".
To find out more please visit:
www.ginasthma.com.
Call our helpline today on 0800 011 1166 or use our free, no obligation,
online enquiry form to register for a call back or call us directly on 0870
855 1600.