Hazardous Substances and Workplace Safety: Understanding the Risks and Legal Protections
Workplaces can be dangerous environments, and exposure to hazardous substances is one of the most common risks across many sectors. From mild eye irritation to chronic lung disease or even death, the effects of these substances can vary widely. To protect employees, regulations like the COSHH regulations 2002 and the Carriage of Dangerous Goods Regulations have been introduced. However, despite these protective measures, accidents still occur, and employees need to know their rights, as well as their employer’s responsibilities when it comes to hazardous substances.
What Are Hazardous Substances?
Hazardous substances are substances that can have harmful effects on individuals who come into contact with them. In workplace scenarios, these substances can cause a range of health issues such as dermatitis, asthma, or even cancer if there has been prolonged exposure. Common substances that may pose a risk include industrial cleaning agents, fumes generated by manufacturing processes, biological agents such as bacteria, and more.
Hazardous substances are generally covered under the COSHH regulations 2002 (Control of Substances Hazardous to Health), which mandates that employers control employee exposure to these substances. This means employers must assess the risks, implement control measures, and provide proper training and equipment to employees.
Common Hazardous Substances and Industries at Risk
Hazardous substances are found in almost every working environment, from offices to high-risk areas like factories and farms. They can be generated during work activities (e.g., fumes from welding), naturally occurring (e.g., dust or grain), or biological agents such as bacteria in healthcare settings.
Examples of hazardous substances include:
- Chemicals classified as dangerous under the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 (CHIP)
- Biological agents like bacteria or viruses encountered in industries such as healthcare or sewage treatment
- Dusts exceeding COSHH-specified concentration levels
- Asphyxiants like argon and helium that can reduce oxygen levels in confined spaces
Nanotechnology is another emerging area of concern. Since its risks are not yet fully understood, the COSHH regulations recommend a precautionary approach similar to other hazardous substances.
Employer Compliance Hazardous Substances: Responsibilities Under COSHH
Employers have significant responsibilities when it comes to employer compliance hazardous substances. Under the COSHH regulations 2002, they are legally obligated to control their employees' exposure to hazardous substances and ensure a safe working environment. Failure to comply can result in serious health issues for workers and possible legal action against the employer.
Employers must follow these eight key steps to comply with COSHH:
- Assess the Risks: Employers must assess the risks to health from hazardous substances used or generated by work activities.
- Take Precautions: Before starting any task that could expose employees to hazardous substances, employers must first consider the risks and necessary precautions.
- Prevent or Control Exposure: Employers must prevent exposure where possible. If this isn’t feasible, exposure must be controlled through appropriate measures like ventilation or protective equipment.
- Ensure Control Measures Are Used and Maintained: All safety measures must be maintained, and employees must be trained on how to use them effectively.
- Monitor Exposure: Regular monitoring of workers' exposure to hazardous substances is required to ensure levels stay within safe limits.
- Health Surveillance: Health surveillance must be carried out if required by the risk assessment or COSHH regulations.
- Emergency Procedures: Employers must have plans in place to deal with accidents or emergencies involving hazardous substances.
- Inform and Train Employees: Employees should be properly informed, trained, and supervised when working with hazardous substances.
These steps ensure that both employers and employees minimize risks related to hazardous substances in the workplace.
Non-Controlled Hazardous Substances
Some hazardous substances fall outside the scope of COSHH regulations. These non-controlled hazardous substances include materials like asbestos, lead, and radioactive substances, which have their own specific regulations. For instance, asbestos is governed by the Control of Asbestos Regulations 2012, and lead is regulated by the Control of Lead at Work Regulations 2002.
Even though these substances are not regulated under COSHH, exposure to them can still pose significant risks. In such cases, employers must follow separate safety protocols and legislation to ensure their workers' safety.
Accidents involving non-controlled hazardous substances can also lead to serious health issues. If you or a loved one has been exposed to a non-controlled hazardous substance and suffered illness or injury, you may still be entitled to claim compensation. Thompsons Solicitors has extensive experience in handling these cases and can provide the legal expertise needed to guide you through the claims process.
Carriage of Dangerous Goods Regulations
The Carriage of Dangerous Goods Regulations and the European Agreement (ADR) outline the safety measures required when transporting hazardous materials. Transporting dangerous goods, such as industrial gases, acids, and explosives, presents unique risks. While the chance of an accident may not be significantly higher, the consequences are far more severe.
Under these regulations, employers and carriers are responsible for ensuring the safe loading, transport, and unloading of hazardous substances. Special precautions must be taken to protect not only the workers involved but also the public and emergency responders. Compliance with these regulations is critical to avoiding potentially catastrophic accidents.
Examples of dangerous goods that fall under these regulations include:
- Industrial gases that can explode
- Hazardous waste materials like asbestos
- Pesticides, solvents, and acids
- Clinical waste
- Radioactive materials
If an accident occurs involving the transport of dangerous goods, it can have dire consequences. Thompsons Solicitors can help individuals affected by such accidents to make compensation claims, whether the incident occurred in the workplace or on the road.
Accidents and Claims Involving Hazardous Substances
Exposure to hazardous substances, whether regulated under COSHH or classified as non-controlled, can lead to serious illness or injury. Whether you’ve been affected by a workplace accident involving hazardous substances or the carriage of dangerous goods, you have the right to seek compensation for the harm caused.
Common illnesses resulting from exposure include respiratory issues like asthma, skin conditions like dermatitis, and in severe cases, cancer. Workers across various industries—from agriculture to beauty and engineering—are regularly exposed to harmful chemicals and must be protected by their employers.
To begin a compensation claim, you will need to demonstrate that your illness or injury was directly caused by exposure to a hazardous substance, whether it occurred in the workplace or as part of transporting dangerous goods. Thompsons' experienced personal injury solicitors can provide you with all the guidance you need to navigate the claims process and ensure you receive the compensation you are entitled to.
Support from Thompsons Solicitors: Start Your Compensation Claim Today
If you or someone close to you has been exposed to hazardous substances or been involved in an accident involving dangerous goods, you may be entitled to compensation. Thompsons Solicitors has a strong track record of handling workplace injury claims, with over 90% of our cases resulting in successful outcomes.
We offer expert advice on all aspects of the COSHH regulations 2002, the Carriage of Dangerous Goods Regulations, and other relevant laws to help you build a strong case. Our No Win No Fee service ensures that you won’t face unnecessary legal fees if your case is unsuccessful.
Contact Thompsons Solicitors today for a free, no-obligation consultation. Let us help you secure the compensation you deserve and ensure that those responsible are held accountable for their negligence.
