HSE issues warning after NHS trust fails to comply with dermatitis notice

Date:

23 September 2009

Release No:

HSE/E/0210:09

The Health and Safety Executive (HSE) has warned employers they will face prosecution if they fail to comply with legal notices served on them by inspectors.

The Princess Alexandra Hospital NHS Trust, of Hamstel Road, Harlow, Essex, was fined £6,500 and ordered to pay £4,500 in court costs after pleading guilty to two health and safety charges at Harlow Magistrates' Court yesterday (Tuesday 22 September).

HSE inspectors visited the Princess Alexandra Hospital in November 2007 and found the NHS Trust was not correctly managing the risk of staff becoming sensitised to latex, mainly from latex gloves.

Inspectors served two Improvement Notices - legal notices which require improvements to be made within a certain time-frame. The first notice required the Trust to carry out a suitable and sufficient risk assessment of the use of latex and the second notice was issued to control the risks identified.

The Trust needed two extensions and significant support from the HSE before it complied with the first notice in May 2008. The second notice was extended three times, finally to 1 July 2008, but when HSE inspectors visited the Trust they found it had still not complied with the notice.

Inspectors also discovered the Trust had failed to report that a member of staff had been diagnosed as having latex-linked occupational dermatitis.

HSE Inspector Matthew Tackling said:

"As this case demonstrates, employers need to realise the importance of complying with Improvement Notices as they can be prosecuted for not carrying out the required work within the specified timescale."

"Reporting cases of occupational dermatitis is a legal requirement. Employers should ensure they know which substances can cause dermatitis in their workplace, how to recognise the symptoms, how to prevent it occurring and the need to report cases if they develop."

The NHS Trust admitted two breaches of health and safety law relating to exposure of staff to occupational dermatitis:

• Failure to comply with an Improvement Notice, which required improvements to the way the Trust managed the risk of staff being exposed to occupational dermatitis, mainly by becoming sensitized to latex gloves - breaching Section 33(1)(g) of the Health & Safety at Work etc Act 1974. For this offence the Trust was fined £5,000.
• Failure to report forthwith that one of its employees had been diagnosed as latex allergic - breaching Regulation 5(1)(a) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995. For this offence the Trust was fined £1,500.

Notes to editors

1. Section 33(1)(g) of the Health at Safety at Work etc Act 1974 states: "It is an offence for a person to contravene any requirement or prohibition imposed by an improvement notice."
2. Regulation 5(1)(a) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 states: "Where a person at work suffers from any of the occupational diseases, the responsible person shall send a report to the relevant enforcing authority."

Issued on behalf of the Health and Safety Executive by COI News & PR.