Failings by Basildon Hospital put maternity staff at risk

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NHS bosses failed to keep staff safe from excessive nitrous oxide levels at a maternity unit, a report has revealed.

Basildon Hospital staff were not told about test results which showed their exposure breached safety limits for more than a year.

The inquiry, carried out by the Good Governance Improvement (GGI) found that there was an ‘unacceptable delay’ in responding to and mitigating serious risks involving the level of nitrous oxide in Basildon Hospital maternity hospital.

Failings by Basildon Hospital

Nitrous oxide, also known as ‘gas and air’ or Entonox, is given as pain relief to women when they’re giving birth. But long-term exposure can cause serious medical issues including infertility, nerve damage and vitamin deficiencies.

The report concludes that between July 2021 and October 2022, midwives and staff members on the maternity unit were exposed to an unnecessary, known risk and potential harm. It also mentions that there was an “inadequate and ineffective approach to risk assessment, risk escalation and risk management during the relevant period.”

Issues were also raised in the report as to the delay in responding to the known risk, given it was first reported by an external organisation in June 2021, but it was not brought to the attention of the interim chief executive and staff members until October 2022.

The GGI enquiry report added:

“….The management and senior leaders in maternity services failed to discharge their responsibilities in relation to staff health and safety…..

“The individuals who were reported as being exposed during the testing in 2021 were not contacted following receipt of the results or offered occupational health support in line with trust policy….The governance of medical gases at Basildon and across the trust was inadequate and ineffective, with meetings frequently cancelled”.

The BBC reported earlier this year that staff at the maternity unit were exposed to almost 30 times the legal workplace exposure limit for nitrous oxide. It said that routine testing of the maternity suite in June 2021 revealed nine staff members had been exposed to excess nitrous oxide levels during their shifts.

Three of the readings showed there were more than 1,000 parts per million (ppm) of the gas, while a fourth recorded almost 3,000. The Workplace Exposure Limit is set at 100ppm.

Since the report was published, the trust’s chief executive said it was “simply not acceptable that we took so long to act”.

Employers have a duty of care to staff to ensure they are protected from harm at work under the Health and Safety at Work Act 1974. Regulations are also in place to ensure hazardous substances are handled correctly, and to minimise the risk of workers being excessively exposed to dangerous levels.

Industrial Disease claims

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 risks 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)

How to make a claim

As well as the 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.

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.

Failings by Basildon Hospital put maternity staff at risk

NHS bosses failed to keep staff safe from excessive nitrous oxide levels at a maternity unit, a report has revealed.

Industrial Disease claims

How to make a claim

When to make a claim

Further reading

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