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The Management of Health and Safety at Work Regulations 1999 gives more detail about the requirements under the Health and Safety at Work Act 1974. These regulations place duties on the employer to assess risks and, where necessary, to take action to safeguard health and safety, including health surveillance if appropriate.
Guidance on how these requirements can be achieved is in the accompanying Approved Code of Practice, which is available as a priced publication from the HSE. Appendix 3 of the Code refers specifically to the control of substances that cause occupational asthma. This states that exposure to substances with the potential to cause occupational asthma should be prevented. If this isn’t possible, then exposure should be reduced ‘so far as is reasonably practicable’.
The HSE’s A brief guide to the regulations is a good introduction to COSHH.
Where a substance has been assigned a specific risk phrase, other measures may also be necessary.
These are the main legal controls that are relevant to inhalation exposure and the prevention of respiratory problems.
A key aspect of REACH is the requirement for manufacturers and importers of substances to communicate down the supply chain how their substances or preparations can be used safely, through provision of a Safety Data Sheet (SDS). SDS, previously covered under the Chemicals (Hazard Information and Packaging for Supply) Regulations (CHIP), will continue to contain information on the hazards of the substance or preparation and the recommended risk management measures.
These aim to make sure that employers and others with responsibility meet the minimum standards for the health, safety and welfare of each member of the workforce, and reduce the risks associated with work in or near buildings.
Personal Protective Equipment at Work Regulations 1992
Personal protective equipment means all equipment (including clothing that protects against bad weather) which is intended to be worn or held by a person at work, and which protects against one or more risks to health or safety, and any addition or accessory designed to meet that objective.
The Disability Discrimination Act 2005
The Act gives rights to people who have or have had a disability which makes it difficult for them to carry out day-to-day activities. The disability could be physical, sensory or mental. It must also be substantial and have a long term effect – it must last or be expected to last for at least 12 months. Severe long-term respiratory diseases may well be covered by the act.
The HSE’s web page on Asthma and other respiratory diseases gives lots of information on occupational respiratory diseases, with links to pages on asthma and chronic obstructive pulmonary disease (COPD).
The HSE also has advice on preventing asthma in high risk jobs. The jobs are:
For more information, see below.
The HSE has a questionnaire that employers can use to design a programme for managing metalworking fluids and which may help employers to design a programme for other industries.
Under the COSHH Regulations, when employees work with chemicals, employers must carry out a risk assessment. An HSE leaflet outlines the five steps to risk assessment:
The HSE’s COSHH essentials website, developed to help firms comply with the COSHH Regulations, gives advice on controlling the use of chemicals. The user is asked for information about the process, tasks and use of chemicals before being offered advice.
If possible, the substance causing the problem should be substituted by a safer one. For example, if it’s practicable to replace a paint containing isocyanates with an alternative that has no isocyanates but contains a safer non-toxic substance, then this would be an effective way of reducing the risk of asthma among the workforce. However, substitution may not always be possible and re-designing the work process to avoid exposure to the substance should be considered. For example, if employees have to handle chemicals, exposure could be avoided by introducing an automated handling system.
To meet the COSHH Regulations you need good controls and good practice. Effective control measures for airbourne contaminants include local exhaust ventilation and enclosures. For example, in laboratory animal houses, open-top cages could be replaced by individually ventilated cages.
Finally, as a last resort, breathing protection should be used. The HSE has a priced publication, Respiratory protective equipment at work: a practical guide. This deals with the selection and use of breathing equipment, and describes a step-by-step approach on the best type to choose.
Under COSHH, the Control of Asbestos at Work Regulations (CAR) and the Control of Lead at Work Regulations (CLAW) - and the associated ACOPs – employees must have a test to make sure their breathing equipment fits properly. The HSE provides guidance on fit testing of respiratory protective equipment facepieces. Testing should be carried out by an accredited professional. You can get advice on this from the British Occupational Hygiene Society, which has a Directory of Occupational Hygiene Consultants.
Employers may have to measure levels of airborne contaminants in the workplace to make sure that WELs aren’t exceeded. You can get practical guidance on measuring exposure in the HSE’s priced publication, Monitoring strategies for toxic substances.
You can also get information and guidance on sampling techniques and methods for different substances in the HSE’s methods for the determination of hazardous substances.
For more in-depth advice on measuring the risks of exposure by inhalation, contact the British Occupational Hygiene Society.
Under the COSHH Regulations, employers must carry out health surveillance of employees who are, or who are likely to be, exposed to substances that are hazardous to health. Health surveillance helps employers detect problems at an early stage and reduce exposure to the substances responsible for the problem. It also allows the employer to determine whether it’s confined to one employee who had an existing problem, such as rhinitis or asthma, or more widespread. Here, carrying out an annual questionnaire may be useful.
For workplaces where employees are exposed to substances that are known to cause asthma, COPD or any other occupational lung disease, employers should carry out regular health surveillance of the workforce. It’s also a good idea to carry out pre-employment screening.
The HSE has a brief guide for employers on Understanding health surveillance at work, which is expanded on in the priced publication Health surveillance at work. As part of COSHH essentials, the HSE has guidance notes on health surveillance for occupational asthma and health monitoring for chronic obstructive pulmonary disease. The TUC’s workSMART site gives employees information on health surveillance.
The HSE has free samples of health questionnaires that can be used where there’s a risk of occupational asthma. There are notes for the responsible person, an initial questionnaire and a follow-up questionnaire.
Under the COSHH Regulations, employers have a duty to provide employees who could be exposed to a hazardous substance with education, instruction and training on the possible risks to health and the precautions they should take. This should cover specific signs and symptoms to be aware of. Employees who are potentially exposed to asthmagens should be given information about the typical symptoms of asthma and the substances that are likely to cause it. They should also be told about the need to report symptoms which might indicate asthma. It should also be stressed to the employees that once someone has developed occupational asthma, it’s likely to be irreversible, and further exposure could increase its severity and possibly incapacitate them.