Metalworking fluids: Employers ‘not doing enough’ to protect workers

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Inspections by the Health and Safety Executive have revealed that companies are ‘not doing enough’ to protect workers using metalworking fluids.

After carrying out more inspections, the HSE has said more than half of those checks have identified failings.

Metalworking fluids (MWFs), also called ‘white water’ are commonly used in the manufacturing industry and can cause harm, including lung diseases and skin conditions if they are not handled correctly.

MWFs are used during the machining and shaping of metals to provide lubrication and cooling. They are usually applied by continuous jet, spray or hand dispenser which can affect your health if inhaled or come into contact with unprotected skin.

The annual statistics on work-related ill health and workplace injuries for 2022/23 show 12,000 people die each year from lung diseases linked to exposure to hazardous substances at work. In addition, 19,000 new cases of breathing and lung problems are thought to have been caused or made worse by work.

Meanwhile, the manufacturing industry has a substantially higher rate than average for occupational asthma.

HSE said more must be done to keep workers using these materials safe.

HSE inspector Fiona McGarry said:

“It is clear that not enough is being done to protect workers and keep them safe and healthy.

“Our inspections found that there are still far too many businesses which do not have key control measures or health surveillance in place.

“As a result, enforcement action is being taken against these manufacturers.”

According to HSE, many of the firms inspected were not carrying out health checks, but health surveillance is a legal requirement where there is exposure to fluid or mist.

The inspections also found poor performance around the control of metalworking fluids in businesses that use computer numerical control (CNC) machines. To protect workers, employers should reduce exposure by putting control measures in place. Local Exhaust Ventilation (LEV) should be fitted on CNC machines to carry away any harmful metalworking fluid mist.

HSE will continue to carry out unannounced inspections between now and the end of March 2024.

Metalworking fluids – What are the risks?

Metalworking fluids can cause lung diseases such as occupational asthma, occupational hypersensitivity pneumonitis, bronchitis, and irritation of the upper respiratory tract if the correct protections are not in place.

They can also cause skin conditions or dermatitis if they come into direct contact with the skin.

How is harm caused?

Metalworking fluids are mostly applied by continuous jet, spray or hand dispenser and can affect your health:

if you inhale the mist generated during machining/shaping operations;
through direct contact with unprotected skin, particularly hands, forearms and face;
through cuts and abrasions or other broken skin; and
through the mouth if you eat, drink or smoke in work areas, or from poor personal hygiene, e.g. not washing hands before eating.

The law

Employers have a duty of care to workers and processes should be in place to protect them from harm.

According to ACAS, Employers have a common law ‘duty of care’ towards their employees; specific rules they must follow under health and safety law; This means employers must do all they reasonably can to protect their employees’ health, safety and well-being at work.

Employers also have several duties set down by statute to protect workers who come into contact with hazardous materials:

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)

When to make a claim

If you have suffered from a health condition due to being exposed to metalworking fluids at work, you may be entitled to compensation for your suffering. In order 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 making an industrial disease claim, visit the Oakwood Solicitors website.