A manufacturing company has been fined £15,000 after exposing its workers to wood dust and failing to comply with two improvement notices.
Wood dust can cause serious and often irreversible health problems, including sino-nasal cancer, asthma and dermatitis. Employers have a legal responsibility to prevent or adequately control exposure in the workplace.
After concerns were raised to the Health and Safety Executive (HSE), inspectors from the workplace regulator went to Billy Davidson NV Stables Limited’s premises in Wingate, Durham on 17 June 2022.
As a result, notices were served on the firm requiring it to undertake an examination of the local exhaust ventilation (LEV) system fitted to a chop saw and for failing to control exposure to wood dust from the use of a circular table saw.
Proper dust extraction can include having the right machinery, and vacuuming dust instead of sweeping is often required.
Despite the action taken by HSE, when inspectors returned to the site on 12 January 2023, the circular saw was still being used, despite the company saying it had been taken out of use.
Likewise, the chop saw and LEV was also still being used, and the company had not provided HSE with confirmation it had been examined and was adequately controlling wood dust exposure.
The subsequent HSE investigation found the company had shown a disregard for health and safety due to their failure to comply with the improvement notices.
Billy Davidson NV Stables Limited was found guilty of contravening two counts of Section 33(1)(g) of the Health and Safety at Work etc. Act 1974 and Regulations 9(2) and 7(1) of the Control of Substances Hazardous to Health Regulations 2002.
The company was fined £15,000 and ordered to pay £4,500 in costs at Peterlee Magistrates Court on 24 January 2024.
Speaking after the hearing, HSE inspector Clare Maltby said:
“This company showed a blatant disregard to the safety of its own workers.
“Companies are responsible for controlling the exposure to wood dust, a substance which is hazardous to health and can cause long term health effects such as occupational asthma.
“Compliance could have been achieved by simply getting a LEV fitted to the circular table saw and getting a competent person to undertake a thorough examination and test of the LEV on the chop saw.
“This case demonstrates that we will not hesitate to prosecute companies who fail to comply with the law.”
Industrial Disease claims
Inhaling wood dust can cause a number of health issues including sino-nasal cancer, asthma and dermatitis. But employers are required by law to keep workers safe from harm at work by following these regulations:
Health and Safety at Work Act 1974
- Employers have a duty so far as is reasonably practicable to ensure the safety and welfare of their employees.
Management of Health and Safety at Work Regulations 1999
- Duty to undertake a reasonable risk assessment (Reg. 3)
- Requirement to undertake a health surveillance (Reg. 6)
Personal Protective Equipment at Work Regulations 1992
- Ensure that suitable personal equipment is provided (Reg. 4)
- Ensure an assessment of any personal protective equipment is undertaken to determine whether it is suitable.
Control of Substances Hazardous to Health 2002
- Required to assess health risk where work is liable to expose employees to substances hazardous to health (Reg. 6)
- Ensure exposure to substances hazardous to health is either prevented, or where not reasonably practicable, adequately controlled (Reg. 7)
- Ensure any employee exposed to substances hazardous to health are monitored and under suitable health surveillance (Reg. 11)
Industrial Disease: How to make a claim
As well as common law duty to ensure a safe place of work and a safe system of work, your employer will have a number of duties set down by statute. This means that if you have suffered after being exposed to a substance at work, you might be entitled to compensation.
Industrial Disease: When to make a claim
If you have read the above and feel that you may be suffering from any symptoms whilst exposed to substances at work, call Oakwood Solicitors to speak to a member of our dedicated Industrial Disease team.
To run the majority of personal injury claims, you have to have started the claim within three years of the injury. However, with industrial disease claims it may be that the injury started over a period of time and was only diagnosed within the last three years.
For more information on how and when to make a claim, visit the Oakwood Solicitors website.
Further reading
Respiratory disease claims – Oakwood Solicitors
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Liam Hill is a Solicitor and Deputy Head of the Industrial Disease Team, having trained and qualified at Oakwood Solicitors. Liam joined us in 2013 after successfully completing the Legal Practice C…
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