Health & Safety Update (January 2009)
Occupational Cancer- a Workplace Guide
The Trades Union Congress (TUC) has published a booklet that
primarily deals with cancers caused as a result of work. It is
estimated that 23% of workers in Europe are exposed to some kind of
carcinogen.
Recent research by the HSE estimates that the six most common
cancers alone were responsible for more than 13,000 occupational
cancer diagnoses, with 7,300 deaths a year. Estimates from the TUC
have suggested that the number of cancer cases caused through work
each year is almost certainly more than 20,000 with the number of
deaths between 15000 -18000.
Whichever statistic is correct, it is clear that occupational
cancer is a huge issue and should be on the whole preventable. The
TUC publication sets out ways in which change can be brought about
in the workplace.
The Law
The Health and Safety at Work etc Act 1974 states that there is
a legal responsibility on every employer to ensure, as far as is
reasonably practicable, the health of their employees. The
Management of Health and Safety at Work Regulations 1999 also
require the employer to conduct a suitable risk assessment
regarding risks to the health of the workforce. Clearly, this
includes any issues regarding carcinogens.
The regulations state:
- the employer must identify and then introduce preventative and
protective measures;
- the first step must always be, where possible, to remove the
hazard altogether. If removal of the carcinogen is not possible
then the use of a less hazardous chemical or process should be
considered (where reasonably practicable) – even if this is more
expensive;
- if substitution is not possible, minimise access to the hazard
through the use of partitioning or exhaust ventilation;
- finally, if no other control measures work, personal protective
equipment (PPE) should be issued as a last resort.
There are limits to the levels of exposure - known as workplace
exposure limits ("WEL's"). These are the maximum levels to which
workers can be exposed. However, there is still a legal
responsibility on employers to reduce levels as far as is
reasonably practicable, as even exposure at levels well below the
WEL's can lead to some workers developing cancer.
The aim of the trade unions is that there should be no workplace
exposure to anything that causes cancer. To achieve this aim the
publication recommends the following:
- find out where the carcinogens are in the workplace, paying
particular attention to those in Group 1, 2A and 2B of the list
produced by The International Agency for Research on Cancer (IARC)
and listed in the TUC booklet;
- find out why the carcinogens are being used and if there is a
reasonable alternative;
- ensure control measures, such as enclosure, extraction and PPE
are only used as a last resort if removal is not possible;
- the 'precautionary principle' is used in relation to new
substances. That is, if there is a reasonable possibility that a
substance may cause harm then there should be a presumption that it
will and therefore should be controlled;
- regular monitoring for all workers exposed to any possible
carcinogen to ensure there are no adverse health effects
arising from the exposure;
- encourage an enforcement-led campaign by the HSE and local
authorities aimed at ensuring that employers who continue to expose
workers to carcinogens are prosecuted.
The full guidance is available at:
www.tuc.org.uk/extras/occupationalcancer.pdf
You can contact our 24 hour advice line for more
information if you think that you may be exposing employees to
carcinogens. Alternatively contact your dedicated Consultant who
will be able to advise you.