In a historic regulatory shift, the Health and Safety Executive (HSE) has issued its first-ever Prohibition Notice against an occupational health service provider.
British workers exposed to irreversible industrial diseases
The landmark enforcement action comes after inspectors discovered that substandard, unqualified medical screening was leaving British workers exposed to severe, irreversible industrial diseases.
The unprecedented move signals a major focus by the safety regulator on the very firm’s employers hire to keep their staff safe.
By targeting the provider directly, the HSE is sending a clear warning that the commercial occupational health sector will face the same strict accountability as heavy industry.
Unqualified Staff and Missed Diagnostics
Following a rigorous investigation, HSE inspectors revealed that the unnamed provider was conducting vital health surveillance using staff who were inadequately trained, completely unqualified, and entirely unsupervised.
Health surveillance is a strict legal requirement for businesses operating in high-risk environments. It acts as an early-warning system to catch the first signs of debilitating conditions before they become permanent.
Due to the provider’s systemic failures, early indicators of life-altering conditions were left entirely undetected. Workers remained exposed to hazardous wood dust and extreme noise levels without appropriate medical intervention, risking:
- Occupational Asthma
- Severe Dermatitis
- Noise-Induced Hearing Loss
“When health surveillance is carried out poorly, employers are given a false assurance and workers are left unknowingly at risk,” warned HSE Occupational Health Inspector Julie Wood. “Anything less than genuine competence is a failure of the workers these services are meant to protect.”
Total Breakdown of Clinical Governance
The severity of the risk prompted the HSE to issue an immediate Prohibition Notice, legally halting the provider’s defective screening activities due to the imminent risk of serious personal injury.
A subsequent improvement notice was put on the firm after inspectors uncovered a total collapse of standard medical protocols. The investigation detailed a chaotic operating environment that lacked:
- Competent Oversight: No qualified occupational health specialists managing the programs.
- Clinical Governance: A complete absence of medical quality assurance or peer review.
- Escalation Procedures: No clear mechanism to flag failing health results to employers so they could fix workplace hazards.
A Warning to Employers
This enforcement marks a fundamental shift in how workplace health is regulated in the UK.
Historically, the HSE has penalized employers for failing to protect their staff. By directly penalizing the third-party medical provider, the regulator is making it clear that sub-contracting health safety does not mean outsourcing legal liability.
Moving forward, the HSE emphasizes that the responsibility ultimately rests on businesses to investigate their suppliers.
Employers are legally required to ensure that any occupational health provider they hire employs properly accredited, competent professionals capable of keeping their workforce safe from preventable diseases.
Frequently asked questions:
What can I claim?
If you have suffered or been diagnosed with an industrial disease due to poorly monitored exposure at work, you may be eligible to claim compensation.
Each Industrial Disease case has to be treated individually, and not every case will be the same. In any claim for personal injury there are broadly two heads of damages that can be claimed:
Awards that are made for the pain, suffering and loss of amenity of life. Loss of amenity means the inability to complete activities, either temporarily or permanently, after an accident, which could be undertaken before. This is an award designed to compensate you for the actual injuries suffered, and the effect those have had on your quality of life.
Damages to compensate for any financial losses as a result of the Industrial Disease. This could be any loss of earnings, any medication you have had to pay for, or any cost of care for the extra care you have needed from family or care providers.
If you are unable do things such as gardening, walking the dog and must pay somebody for these services as a direct consequence of your Industrial Disease, these can also be claimed for.
Regarding general damages judges, insurance companies and solicitors use a basic guide called the Judicial Guidelines which is an indication of what could be expected from an injury or symptoms.
As a rough guide, claims for general damages for the different types of disease claims are as follows:
- Asbestos-related illness – Depending on the illness, the award can range from £60,000 – £110,000
- Occupational Asthma– Award will normally fall between £3,000 – £12,000
To stress, this is an estimate of what most cases settle for. It is only once medical evidence has been obtained that a full assessment of the value of the general damages can be made. The settlement figure may ultimately be higher or lower than the figures quoted above.
Why should I choose Oakwood Solicitors to make my claim?
Oakwood Solicitors Ltd agrees to work on your industrial disease claim on a ‘no-win, no-fee’ basis. You will have a dedicated advisor who will see your claim through from start to finish, assisting you in the event of any queries or issues you may have.
Your case handler will also continue to provide regular updates until the conclusion of your claim, ensuring the process is as stress-free and effortless as possible.
Secure your opportunity for justice and compensation today.
Further information:
HSE takes landmark enforcement action against occupational health service provider.
Oakwood Solicitors | Industrial disease.
WHAT TO DO NEXT:
Speak to our expert Industrial Disease Solicitors today. Contact us on 0113 200 9720, or fill in our online contact form to the right hand side of this page and a member of the team will be in touch.
Asimah Ali is currently a Supervising Solicitor in the Industrial Disease Department.
Asimah started working at Oakwood Solicitors in October 2016, shortly after completing the Legal Practice Cours…
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