Harmful Substances
In addition to statutory requirements, there are common law rights for neighbours in relation to statutory nuisances and the escape of dangerous vapours, substances and such like. This can lead to significant civil liability for damages.
In addition to common law nuisance there are “statutory nuisances” where industrial smell, smoke and gases escape. Local Authorities have powers to serve abatement notices requiring the stopping of a nuisance. There may be special controls in particular areas, in relation to smoke. This is common in city centres.
Local Authorities have powers to declare an air quality management area and set out a plan for making improvements. They can also fix a smoke control area. Almost any emission of smoke from a chimney would be restricted or forbidden in a smoke control area.
Businesses have general obligations in relation to air pollution under legislation. Air pollution can also impact significantly on employees.
The two main types of air pollution are fumes (which would include vapours, gas, smokes, odours) and dust which comprises particles which cause pollution in the air. Some types of businesses give rise to particular pollutants.
An ordinary business premises can also pose a risk, for example in terms of waste storage, electro static discharges poor ventilation systems, side effects from transport vehicles such as cars, burning fuels and furnaces and burning materials which can also lead to problems.
Manufacturers, farmers, construction sites, vehicle repairers, welders, miners, printers, hauliers, waste management businesses, dry cleaners and laboratories pose particular risks.
Air pollution can cause risks to human health. It can increase the risk of developing or worse a range of illness including skin conditions, central nervous system damage, brain and liver damage, cancer, damage to eyes, poisoning, flu like systems, asthma. For example, construction workers may be at risk of inhaling cement dust. Welders may be at risk of breathing in welding gases and carpenters at risk of inhaling wood dust.
If an employee already has an illness, it is a legal obligation to ensure that he or she is not exposed to levels of pollutants that are likely to bring on an attack, such as asthma, or make a condition worse. Smoking is now banned in nearly all enclosed work places.
It is essential to ensure that staff are informed about the dangers of dust and fumes. Machinery and premises should be regularly cleaned. Vessels that contain solvents and hazardous substances must be sealed. An appropriate ventilation system must be installed.
Clean air from outside must be circulated through a workplace building and humidity maintained at comfortable level. Opening windows and doors may not be enough. Certain processes will require masks and hoods and other protective equipment.
Noise pollution can arise internally and externally. Internal noise can present a health hazard in many activities such as factory, machines, plant and construction, agricultural and forestry as well as, loud music in bars and clubs.
External or environmental noise can be caused by works undertaken outside the business. External noise may be regulated by the Environmental Agency or Local Authority under statutory nuisance legislation.
If it is necessary to shout to be heard by someone two metres away or if ears are left ringing after leaving the premises, there would generally be a noise problem. There are issues with noise in terms of the level and length of exposure.
The principal legal duties arise under the general obligations. However, there are also under specific obligations. If anyone has a daily personal noise exposure of 80 decibels or more, it is necessary to carry out a noise risk assessment and check the actual level of exposure, provide information and training about noise risk, supply hearing protection equipment to employees who ask for it. If the daily personal noise level is 85 decibels or more it is necessary to take steps to reduce exposure, to supply hearing equipment to affected workers and to ensure it is used and maintained and to identify an area as a hearing protection zone.
Where there is a risk to health, it is obligatory to provide health checks and keep health records. It is mandatory to ensure employees are not exposed to noise levels about 87 decibels. This takes account of any reduction in exposure provided by hearing protection.
There is an obligation to take steps which are reasonably practicable to reduce noise exposure by means other than ear protection where there is exposure to noise levels of 85 decibels or more there is sound pressure of 137 decibels or more produced by a single loud noise. Engineering and organisational solutions should be considered to prevent the noise such as use of dampening equipment, isolation of vibrating machinery, reduction of speed, set up sound proof barriers, use of insulation etc.
There is a duty to protect the public from noise. Under Environmental legislation it can be a statutory nuisance if noise from the business affects member of the public’s health or their enjoyment of their property. This can have civil and enforcement consequences. Abatement notice may be served. The Local Authority or Environmental Agency may commence legal action.
If a business uses, creates, stores or transports hazardous substances then it is mandatory to carry out a risk assessment and control and manage the risks accordingly. Hazardous substances are those which could cause harm. For example, a substance may be harmful if it is inhaled, comes into contact with eyes, skin or if released into the environment.
Hazardous waste may including the following asbestos, lead based batteries, used engine oils. oily sludges, solvents, chemical waste, pesticides, florescent light bulbs.
The following businesses commonly use hazardous substances; construction, manufacturing, cleaning, hairdressers, medical care, car body shops, agricultural businesses, surface engineering, delivery and transport business.
Broadly, there are a number of categories of hazardous substances:-
(1) Substances used in businesses and industry such as adhesives, solvents, paints, cleaning agents. If substances are hazardous supplier should label them as such. Suppliers have a legal obligation to provide a safety data sheet with the substances.
(2) Substances generated in the course of business such as fumes, waste etc.
(3) Naturally occurring substances which arise from work activity e.g. dust in agriculture or blood products in health care
Substances that pose no threat to human health can be hazardous to the environment. The Control of Substances Hazardous to Health Regulations (COSHH) set out a basic step by step measures to eliminate and control hazardous substances. COSHH covers almost all hazardous substances but certain substances such as asbestos, lead, radioactive and flammable substances are covered by separate legislation.
Asbestos is controlled under special regulations. They require assessment of risks and measures to prevent or reduce risks as low as practicably possible. If a business is responsible for the repair and maintenance of premises, it must assess and manage the risks from asbestos containing materials within those premises. There are specified regulations and controls in relation to the transport of dangerous substances, manufacture and storage of explosives.
The Registration Evaluation and Authorisation of Chemicals (REACH) Regulations came into force on 1st June 2008. This will affect a business if it uses, manufactures or imports chemical substances. If substances are manufactured or imported into the European Union, it may be necessary to register with the European Chemical Agency. Producers or importers may need to register.
Manufacturers, importers and users must compile an inventory of substances used in the business. They must assess the importance of the substances and contact suppliers to find out what impact breach will have on the supply of these substances. They must establish whether it is necessary to pre-register or register any substances. They are obliged to tell suppliers how the chemicals are used.
If a business is obliged to register it will be illegal to supply that substance after 30th November 2008 unless they register.
Businesses have responsibility under COSHH to carry out regularly review and risk assessments. It is necessary to identify what substances in the workplace could be harmful. It is necessary to carry out correct disposal and recovery of hazardous substances. If there is any transportation of substances it is necessary to comply with the Carriage of Dangerous Goods legislation.
It is mandatory to apply principles of good practice and not to exceed the workplace exposure limits applicable. It is necessary to limit or eliminate all exposure to hazardous substances. If there is no way to limit use, it must be carefully controlled. If it is not possible to control by revision of work practices or limiting exposure, personal protective equipment must be supplied.
It is necessary to monitor exposure to airborne substances. Adequate controls means complying with the workplace exposure limits. Adequate control over airborne substances will mean complying with the workplace exposure limits at a minimum. There are specific substances and processes which must be monitored.
The COSHH has provided codes of practice which are helpful in relation to the setting up of particular circumstances. There are strict duties in relation to disposing of hazardous substances. There are legal duties for the disposal or treatment of waste and containers used for materials with hazardous characteristics. Where more than 200 kgs of hazardous waste is produced in any 12 months it will be necessary to register with the Environment Agencies.
In the case of substances which pose risks to human health, exposure must be strictly controlled. The risk of fire or explosion must be strictly controlled. If hazardous substances such as solvents are used or certain industrial, agricultural or waste activities are undertaken that cause waste pollution it will be necessary to obtain an environmental licence which will set limits and conditions on the operation.
In the case of ozone depleting substances such as solvents, refrigerants and foam agents there are obligations in relation to use. In the case of boilers, furnaces and waste burning and other similar activities, specific legal obligations apply.