Occupational Asthma: Motorsport company fined for exposing workers to metal-working mists

A motorsport engineering firm has been fined after Britain’s workplace regulator identified numerous health and safety breaches which could lead to workers developing occupational asthma.

Inspectors from the Health and Safety Executive (HSE) visited Hispec Motorsport Limited at its Dartford premises four times between February 2017 and July 2023.

The company – a specialist designer and producer of aftermarket brake upgrades for road, race, track, and kit cars – had failed to maintain work equipment and done little to prevent workers being exposed to metal-working mists that can cause asthma.

The HSE inspections took place in February 2017, November 2021, April 2023 and July 2023. They found serious breaches of the law at each visit and enforcement notices were issued.

The subsequent investigation found the business had not maintained work equipment and staff were seen operating Computer Numerical Control (CNC) machines with safety panels removed allowing access to dangerous moving parts.

In addition, the company had done little to prevent employees from being exposed to water-mix metal working fluid mist, a known cause of Occupational Asthma and Occupational Hypersensitivity Pneumonitis.

Hispec Motorsport Limited, of Watling Street, Dartford, Kent, pleaded guilty to breaching Section 2(1) of The Health and Safety At Work Etc. Act 1974. The company was fined £6,500 and ordered to pay costs of £7,378 and a victim surcharge of £2,000 at Westminster Magistrates’ Court on 3 May 2024.

After the hearing, HSE inspector Sam Brown commented:

“Our inspections identified multiple failings by this company to manage key risks associated with work undertaken in the engineering industry.

“Employees were using unguarded machinery and being exposed to hazardous substances that can cause debilitating respiratory diseases. Numerous interventions by our inspectors revealed a consistent failure to meet the minimum legal standards.

“This prosecution demonstrates that we will not wait for an injury or ill-health to occur before prosecuting.”

This prosecution was brought by HSE enforcement lawyer, Iain Jordan and supported by HSE paralegal officer, Imogen Isaac.

What is occupational asthma?

Occupational asthma is also known as work-related asthma caused by exposure to certain substances such as chemicals and dust.

Asthma is caused by the swelling and inflammation of the breathing tubes that carry air in and out of the lungs, which causes them to narrow – and breathing in these irritants can trigger this.

There is currently no cure for asthma but medications and treatments are available to help to keep the condition under control.

What can cause occupational asthma?

More than 400 workplace substances have been identified as possible triggers of occupational asthma. According to the UK Health and Safety Executive, the highest number of new occupational asthma cases are caused by exposure to isocyanates and grain/flour with exposure to wood dusts being the next largest cause.

So, workers that are exposed to these types of compounds or substances are in a higher risk bracket for the development of occupational asthma. Some of these substances include:

• Chemicals
• Cleaning products
• Paints
• Animal fur
• Insects
• Mould
• Dusts
• Plant substances
• Gases or smoke
• Metals
• Powders/flour

Symptoms of occupational asthma

Occupational asthma symptoms may appear immediately at the time of being exposed to the irritant or can develop hours after – which can make it difficult to work out what exactly is causing the issue.

However, if you notice that your symptoms come on whilst or after being at work, or they subside when you have time off, it could be possible that you have developed occupational asthma.

Occupational Asthma Symptoms include:

• Severe shortness of breath
• Coughing
• Wheezing
• Tightness in the chest

The above symptoms of commonly experienced by sufferers of asthma. In cases of occupational asthma studies have shown that the following symptoms are often a pre-curser to the development of occupational asthma:

• Rhinitis (runny nose)
• Conjunctivitis

How to prevent occupational asthma

To prevent occupational asthma and minimise risk, you should ensure that contact with causative agents is controlled. Follow these four steps to prevent exposure:

1. Elimination of the substance or process
2. Replacement with a less hazardous substance
3. Enclosure of the process
4. Ventilation of the local area or the entire workplace
5. Respiratory protective equipment (RPE). However, the use of RPE does not completely prevent the onset of occupational asthma and should not be relied upon as the main or only means of prevention.

Laws and regulations

To minimise the risk of occupational asthma and protect workers, employers should abide by the relevant laws and regulations.

The legal position – Relevant laws and regulations

The main health and safety laws and regulations relating to occupational asthma include:

• The Health and Safety at Work Act 1974 requires employers to “ensure, so far as is reasonably practicable, the health, safety and welfare of their employees at work”.
• The Management of Health and Safety at Work Regulations 1999 require employers to assess and control risks to health in the workplace; to appoint competent persons to assist them with their responsibilities for health and safety and to provide their employees with appropriate information and training.
• The Control of Substances Hazardous to Health Regulations 2002 (COSHH) requires employers to control substances that are hazardous to health and defines when health surveillance must be performed.
• The Personal Protective Equipment Regulations 1992 require employers to provide and maintain appropriate personal protective equipment to employees.
• The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) requires employers and self-employed people to report cases of occupational asthma “where the person’s work involves significant or regular exposure to a known respiratory sensitizer”.

Further reading

Respiratory disease claims – Oakwood Solicitors

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