Company fined after exposing employees to risks of developing severe dermatitis

Date:

9 September 2009

Release No:

COI/SE/0109

The Health and Safety Executive (HSE) is reminding companies of the importance of managing dermatitis risks, by effective risk assessments and taking adequate precautions to ensure that employees are not exposed to hazardous substances at work.

The call comes after the sentencing today (9 September) of Prysmian Cables and Systems Limited at Southampton Crown Court. The sentencing following a hearing on 15 July 2009 at Southampton Magistrates Court where the company pleaded guilty to charges relating to incidents which took place between 3 January 2006 and 17 March 2008.

Prysmian Cables and Systems Limited pleaded guilty to three breaches of the Control of Substances Hazardous to Health Regulations (as amended) 2002, Regulation 6(1)(a) requiring risk assessment, Regulation 7(1) as qualified by Regulation 7(3) requiring effective control measures and Regulation 11(1), requiring suitable health surveillance. The company was fined £27,500 and ordered to pay costs of £10,700.

The investigation found that managers failed to control the risks of exposing employees to hazardous substances, including a known skin irritant, at the company's premises in Eastleigh. This resulted in one employee suffering from severe dermatitis, which as the court heard today, had a huge impact on his life. He was required to take retirement on medical grounds and his future employment prospects are extremely limited. Yet this could have been avoided if relatively simple and low cost control measures had been put into place.

HSE Specialist Inspector in Occupational Health, Anne Bartlett, said:

"This case illustrates the need for employers to take dermatitis risks as seriously as any other risks to health and safety in the workplace. Dermatitis is not just a 'bit of a rash' which can be ignored but a painful, debilitating and as this case proves, a life changing condition which can be easily avoided.

"All employers should undertake risk assessments in a way that correctly identifies all of the significant risks, including those to health and as a result ensure that an appropriate package of measures, including physical safeguards, safe systems of work, protective clothing, consistent training and appropriate health surveillance are provided for the safety of all workers."

Notes to editors

1. Regulation 6(1) of the Control of Substances Hazardous to Health Regulations (as amended) 2002, states: 'an employer shall not carry out any work which is liable to expose any employees to any substance hazardous to health unless he has (a) made a suitable and sufficient assessment of the risk created by that work to the health of those employees and of the steps that need to be taken to meet the requirements of these Regulations and (b) implemented the steps referred to in sub-paragraph (a).'
2. Regulation 7(1) of the Control of Substances Hazardous to Health Regulations (as amended) 2002, states: 'every employer shall ensure that the exposure of his employees to substances hazardous to health is either prevented or, where this is not reasonably practicable, adequately controlled.'
3. Regulation 11(1) of the Control of Substances Hazardous to Health Regulations (as amended) 2002, states: 'where it is appropriate for the protection of the health of his employees who are, or are liable to be, exposed to a substance hazardous to health, the employer shall ensure that such employees are under suitable health surveillance.'
4. Reference: HSE Publication: L5: Control of Substances Hazardous to Health (Fifth Edition) Approved Code of Practice and Guidance.

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Issued on behalf of the Health and Safety Executive by COI News & PR (London & South East).