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This Practice Note examines how civil liability may arise where an individual—most often, though not solely, an employee—develops dermatitis following exposure to substances hazardous to health, and outlines circumstances in which liability is engaged. It further explores whether asymptomatic sensitisation brought about by workplace exposure can amount to actionable harm. Prior to 1 October 2013, claims concerning dermatitis linked to hazardous substances were regulated by the statutory regime contained in the Control of Substances Hazardous to Health Regulations 2002 (COSHH Regs 2002), SI 2002/2677, as amended. For injuries sustained on or after 1 October 2013, section 69(3) of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) altered section 47 of the Health and Safety at Work etc Act 1974. As a consequence, breach of the COSHH Regulations 2002 no longer gives rise to civil liability. For further guidance on accidents or injury occurring on or after 1 October 2013, see Practice Notes: Section 69 of the Enterprise and Regulatory Reform Act 2013 and Section 69 of the Enterprise and...
Industrial diseases The Control of Substances Hazardous to Health Regulations 2002 (COSHH), SI 2002/2677, is among the most significant health and safety regulations for any organisation that uses, produces or generates chemicals, or other substances capable of harming employees, contractors and the wider public. Every year, hazardous substances make thousands of workers ill, leading to lung disease, cancer and skin conditions. Examples include: Dust in air — lung diseases Metalworking fluids — dermatitis and asthma Wet cement — chemical burns or dermatitis Benzene in crude oil — leukaemia For guidance on occupational health claims please see Practice Notes: Dermatitis and sensitisation conditions and Asthma. Substances hazardous to health COSHH defines a ‘substance hazardous to health’ as including: Substances that meet the criteria for classification as hazardous within any health hazard class set out in the CLP Regulation, whether or not the substance is classified under that Regulation. For more on the CLP Regulation, see Practice...
Claim No. [ insert number ] In the County Court at [ insert location ] Between [ Insert claimant’s name ] Claimant and [ Insert defendant’s name ] Defendant PARTICULARS OF CLAIM Throughout the material period, the Claimant was employed by the Defendant as a [ insert job title ] at the Defendant’s [ insert premises information ] premises. At all relevant times, the Personal Protective Equipment at Work Regulations 1992, SI 1992/2966 (“the Equipment Regulations”), the Workplace (Health, Safety and Welfare) Regulations 1992, SI 1992/3004 (“the Workplace Regulations”), and the Control of Substances Hazardous to Health Regulations 2002, SI 2002/2677 were applicable. The Claimant relies on contraventions of the aforesaid regulations as particulars evidencing negligence. In the course of [ his OR her OR employment the Claimant handled/came into contact with compounds including [ insert name of compounds ] containing [ insert name of salient ingredient ], which caused [ him OR her ] injury. The Claimant contends that,...
Letter of Claim for dermatitis Dear [ insert organisation name ] Claimant’s full name: Claimant’s full address: Claimant’s National Insurance number: Claimant’s date of birth: We act for the individual named above in a claim for compensation for personal injury and related losses arising from dermatitis developed after repeated contact with detergent and water during the course of their employment with you. This correspondence is sent in compliance with the Pre-Action Protocol for Disease and Illness Claims and the Pre-Action Protocol for Personal Injury Claims. Please confirm the identity of your insurers. Your insurers should be notified without delay, and failure to forward this letter may prejudice your insurance cover. A copy of this letter is enclosed for you to pass to them. Background to the claim Our client worked at your premises as a cleaner between 2022 and 2024. Their contracted hours were 8.30 am to 4.30 pm Monday to Friday and 8.30 am to 12.00...