South Tyneside manufacturer fined after workers exposed to hazardous fumes

Date:

25 October 2011

Release No:

NE/114/11

A South Tyneside company has been prosecuted for putting workers' health at risk by exposing them to known hazardous fumes.

The Health and Safety Executive (HSE) launched an investigation at Variable Message Signs Limited after an Inspector visited the company's premises in Hebburn and identified serious failings in the way the company was controlling the risk of employees developing occupational asthma during soldering work.

South Tyneside Magistrates' Court heard that soldering was carried out by test engineers carrying out repairs using rosin based solder flux, the fumes of which are known to be a significant cause of occupational asthma in the UK.

Workers soldered for up to four hours a day with no extraction system in place, despite previous advice from HSE. Magistrates were told the company had failed to consider whether an alternative, less hazardous solder could be used and the control measures needed when using rosin based solder flux. The company has since moved to the use of rosin-free solder.

The company also failed to provide appropriate health surveillance, a legal requirement when employees are exposed to substances capable of causing occupational asthma.

Variable Message Signs Ltd, of Monkton Business Park, North Mill Lane, Hebburn, was fined a total of £5,500 and ordered to pay £4,291.25 in costs after pleading guilty to three breaches of the Control of Substances Hazardous to Health Regulations 2002.

Speaking after the case, HSE Inspector Fiona McGarry, commented:

"The fume from rosin based solder flux is one of the most significant causes of occupational asthma in the UK and once developed even small exposures to fume can lead to asthma attacks and the condition is irreversible.

"Companies have a duty to prevent the exposure of their employees to these fumes or, where this is not possible, to adequately control the exposure by the provision of suitable extraction and other control measures.

"In this case, a number of employees would have been significantly exposed to hazardous fumes and any health problems arising from it would not have been detected as there was no health surveillance procedure in place. Such surveillance is vital to enable symptoms to be detected early, which can help reduce the chances of developing asthma."

Notes to editors

1. The Health and Safety Executive is Britain's national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice; promoting training; new or revised regulations and codes of practice; and working with local authority partners by inspection, investigation and enforcement. http://www.hse.gov.uk
2. HSE Inspector Fiona McGarry is available for interviews upon request.
3. Regulation 6(1) of the Control of Substances Hazardous to Health Regulations 2002, which 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).'
4. Regulation 7(1) of the Control of Substances Hazardous to Health Regulations 2002, which 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."
5. Regulation 11(1) of the Control of Substances Hazardous to Health Regulations 2002, which 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.'
6. The court also ordered Variable Message Signs Ltd to pay a separate £15 victim surcharge, the proceeds of which will be spent on services for victims and witnesses.

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