COSHH OFFENCES ATTRACT HEFTY FINE

Crown Court takes dim view of failure to manage dermatitis hazard

Prysmian Cables and Systems Limited has been ordered to pay over £38k in fines and prosecution costs after an HSE investigation found that managers failed to control the risks of exposing employees to hazardous substances, including a known skin irritant.

The penalty was imposed by Southampton Crown Court for contraventions of the Control of Substances Hazardous to Health Regulations 2002 (COSHH) regarding failure to: (a) assess the risk (b) provide effective controls and (c) arrange for suitable health surveillance.

HSE Inspector 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.”

Comment: This is not a construction sector prosecution. However, it suggests that (i) HSE are increasingly likely to initiate health risk related prosecutions and that (ii) the courts are regarding such matters as serious offences.