What should my employer be doing if I work with substances that cause occupational asthma?
Under the Control of Substances Hazardous to Health (COSHH) Regulations 2002, your employer has a legal duty to do a risk assessment (see hazards and risks section), decide what precautions they need to take, and then prevent or adequately control your exposure. The Regulations expect employers to use a 'hierarchy of controls', which means that in the first instance your employer should:
- Change the work process to eliminate the chemical.
- Substitute the chemical for a safer one.
- Protect you from exposure to it by enclosing the process.
- Provide adequate ventilation.
- Only then should your employer rely on personal protective equipment to prevent exposure.
An additional part of the Regulations – an Approved Code of Practice (ACoP) on occupational asthma – means that employers must also take specific precautions to protect workers from substances known or suspected to cause the disease.
The ACoP says:
- Employers' risk assessments must take into account how seriously ill you could become if they fail to
control exposure to substances that could cause occupational asthma.
- Employers must arrange health surveillance by an occupational health professional for workers exposed, or liable to be exposed, to substances that could cause occupational asthma.
- Employers must have procedures for reacting to new cases of occupational asthma. If a new case is detected, your employer must have planned how to protect the affected worker, review their COSHH risk assessments to find out – and put right –
what went wrong, and report the case to the Health and Safety Executive or Local Authority.