Preventive action and early identification
In this section, we outline the legal
context for and the methods of carrying out inhalation risk
assessments.
Legal
background
More relevant
legislation
Preventive
action
Identifying
the cause of the problem
Respiratory protection
management programme
Risk assessment
tools
Identify the
hazards
Control measures
Monitoring exposure
Health surveillance
Educating and training
employees
Reporting mechanisms
Legal background
All workplaces are covered by the Health and Safety at
Work etc Act 1974. This sets out the general duties that
employers have towards employees and members of the public, and the
duties that employees have to themselves and each other. The
employer should, so far as is reasonably practicable, protect the
health, safety and welfare of employees while at work.
The Management of Health and Safety at Work Regulations 1999 (as
amended) 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.
Legal requirements when dealing with dangerous substances are
set out in The
Control of Substances Hazardous to Health (COSHH) Regulations 2002,
as amended 2004. The first requirement is to prevent exposure
(both inhalation and skin) to substances hazardous to health.
Employers must:
- carry out a risk assessment (regulation 6)
- make sure that exposure to hazardous substances is adequately
controlled (regulation 7)
- put in place appropriate control measures which are properly
maintained (regulations 8 and 9)
- monitor exposure in the workplace (regulation 10)
- carry out health surveillance (regulation 11)
- provide information, instruction and training to employees
exposed to hazardous substances (regulation 12)
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.
Workplace exposure limits (WELs) are set under COSHH to help
protect the health of workers. WELs are published by the HSE in
Environmental Health
Guide 40 (EH40/2005). WELs are set for a hazardous substance by
measuring concentrations in the air, averaged over a specific
period of time-weighted average or TWA. Two time periods are used:
long term (8 hours) and short term (15 minutes). Where the
principles of good practice for control are applied, the amount of
time a worker should be exposed to a substance will be below the
relevant WEL. You can view extracts from the publication,
EH40/2005, on the
HSE’s Control of Substances
Hazardous to Health web page. This includes a list of approved
workplace exposure limits and supplementary information.
The control of exposure is only adequate where the WEL is not
exceeded and the principles of good practice are applied. These
principles are:
- design and operate processes and activities to minimise the
emission, release and spread of substances hazardous to health
- take into account all relevant routes of exposure – inhalation,
skin absorption and ingestion – when developing control
measures
- control exposure by measures that are proportionate to the
health risk
- choose the most effective and reliable control options that
minimise the escape and spread of hazardous substances
- where adequate control of exposure can’t be achieved through
other means, provide, in combination with other control measures,
suitable personal protective equipment
- check and review regularly all elements of control measures for
their ongoing effectiveness
- inform and train all employees on the hazards and risks from
the substances they work with, and tell them about the use of
control measures that have been introduced to minimise risk
- make sure that the introduction of control measures doesn’t
increase the overall risk to the health and safety of employees and
others
Where a substance has been assigned a specific risk phrase,
other measures may also be necessary.
Just because a substance isn’t on the list of WELs doesn’t mean
that it’s safe. For example, there’s no WEL for animal allergens
which can cause occupational asthma. For such substances, exposure
should be kept at a level that most of the working population could
be exposed to, day after day, without adverse health effects. As
part of the COSHH assessment, employers should decide on their own
practices, and in-house standards of control. As detailed in the
COSHH ACOP (Appendix 3 –Control of substances that cause
occupational asthma), assessing control measures and good working
practices for substances which cause asthma should take account of
the seriousness of the health effects which could result from
control failures. Advice on appropriate in-house standards of
control can be obtained from an occupational physician or
occupational hygienist (see
Referrals).
There are separate requirements for:
asbestos, covered in The
Control of Asbestos Regulations 2006 and the accompanying
Approved Code of
Practice (a priced publication from the HSE)
lead, covered in The
Control of Lead at Work Regulations 2002
These are the
main legal controls that are relevant to inhalation exposure and
the prevention of respiratory problems.
The new European Union (EU) chemicals regulation, REACH
(Registration, Evaluation, Authorisation and restriction of
Chemicals) was brought into force on 1st June 2007 by the European
Commission (EC). Under REACH, chemical manufacturers and importers
are responsible for the identification and management of the risks
associated with their substances. A major element of REACH is
the requirement for manufacturers and importers of substances
(either on their own, in preparations or articles) in annual
volumes of ≥ 1 tonne to register them with the European Chemicals
Agency (ECHA), with un-registered substances becoming illegal to
manufacture, supply and use. Some substances are exempt from
these regulations, which mainly include; waste, radioactive
materials, substances under customs supervision. non-isolated
intermediates, substances being transported and some naturally
occurring low-hazard substances. Registration is phased over
a number of years based on the manufactured/imported quantities and
toxicity of the substances. Further information on complying with
REACH is available from the ECHA and HSE websites.
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.
More relevant legislation
The
Workplace (Health, Safety and Welfare) Regulations 1992
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.
The
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.
Equality Act
2010
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.
You can get more information on these pieces of legislation on
the websites of the Office
of Public Sector Information and HSE.
Preventive action
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:
Identifying the cause of the problem
It’s very important to correctly identify the cause of a
respiratory problem and to consider its scale. For example, one
case of asthma in a workplace doesn’t necessarily indicate a
serious problem. Not all respiratory problems are due to
occupational factors, although employers need to consider whether
an employee’s condition could be made worse by work, for example if
an employee has pre-existing asthma and their job involves exposure
to irritants or dust.
Respiratory protection management programme
To prevent or minimise respiratory problems at work, employers
should have a respiratory protection management programme in place.
The programme should cover:
risk assessment
control measures
monitoring of exposure
health surveillance, and education and training of employees
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.
Risk assessment tools
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:
- Identify the hazards
- decide who might be harmed and how
- evaluate the risks and decide on precautions
- record your findings and implement them
- review your assessment and update if necessary
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.
Control measures
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 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.
The only types of breathing equipment that should be used are
those that have been tested to the relevant European Standards and
carry the CE mark plus the European Standards and performance
category markings.
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 face pieces.
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.
Monitoring exposure
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.
Health surveillance
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 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.
Educating and training employees
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.
Reporting mechanisms
Early identification of respiratory problems is important. The
workforce needs to be aware of risk factors, what symptoms to look
for and how to report them, should they arise.
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Stress | Musculoskeletal disorders | Skin disorders | Inhalation disorders