28/02/2020
Harwoods Ltd, a car retailer, has pleaded guilty to breaching regulation 7(1) of the Control of Substances Hazardous to Health Regulations 2002 (COSHH) and been fined £120,000. This related to an exposure to an asthma risk from spray painting in which the paint contained isocyanates, a substance classed as hazardous to health. HSE’s case was that this operation had inadequate control measures for the risk.
Regulation 7(1) COSHH requires that: 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.
In Dugmore v Swansea NH Trust [2002] EWCA Civ 1689 the Court of Appeal ruled that the ‘reasonably practicable’ qualification applied to the prevention of exposure to the hazardous substance, but not to the control measures, which must be adequate.
HSE’s position in the Harwoods prosecution was that adequate control measures included the use of a spray booth to carry out the paint spraying, use of a suitable air-fed respirator, checks to ensure equipment was adequately maintained and training provided to ensure employees knew the risks and how to control them.
Fisher Scoggins Waters are a London based law firm who specialise in construction, manufacturing and engineering matters. If you have recently had a health and safety incident occur in your workplace and require legal advice, please phone us on 0207 993 6960.