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According to the Health and Safety Executive occupational asthma occurs "....when work place exposures to particular substances result in a biological change in a person's airways, known as the hypersensitive state, so that subsequent exposure to the same substance triggers an asthma attack". Occupational asthma is a disease which may develop within hours, days, weeks or even years after initial exposure.
The following factors might be relevant in determining whether asthma has been caused by exposure to a substance at work :-
• a high risk occupation and where other symptoms such as rashes, nose irritation, eye irritation or eczema exist.
• the asthma is worse during the working week but improves at weekends, on holiday or at other times when away from work.
• newly diagnosed asthma in an adult (adult onset asthma)
• onset of symptoms within months of starting a job
• use of a new industrial substance or process in the workplace
• symptoms that worsen during certain production processes when exposure may be increased
• other workers similarly affected
Substances that can trigger asthma are known as respiratory sensitizers. These include isocyanates, grain and flour dust, dust from wood, insects and animals.
The following occupations may be more susceptible to development of occupational asthma:
• baker
• car sprayers
• cement workers
• dentistry
• farmers
• hairdressers/beauticians
• healthcare workers
• joiners/woodworkers
• laboratory workers
• nursing
• phone manufacturing
• welders/solderers
What are the symptoms of occupational asthma?
Physical symptoms include coughing, wheezing, breathing problems and chest tightness. Skin, eyes and nose may become inflamed.
An employer has a legal obligation to assess the risk to its workers that exist from hazardous substances in the workplace. A formal risk assessment should be carried out and appropriate measures introduced to prevent the risk to health from any respiratory sensitizers at work. Advice and training should be provided to all workers about the risk of occupational asthma and how to avoid it.
Workers who develop occupational asthma may be able to claim damages from their employer. In order to do so the employee must show that :-
• he/she has occupational asthma;
• which was caused by work; and
• arose as a result of the negligence of the employer
Please contact us for further information.
Email us
info@hhlegal.co.uk
Telephone
0800 371 407
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