At the age of 9 years old, Ella Kissi-Debrah became the first person with pollution listed as a cause of death in the UK after an inquest concluded that exposure to excessive air pollution in London was a material contribution to her death.
With awareness around air quality on the rise, there is a growing realisation that thousands of UK citizens are likely to be exposed ill health risks due to poor air quality in the workplace. Consequently, employers should consider ways in which they may be able to improve air quality and manage the associated ill health risks.
Poor indoor air quality is a health and safety risk and has been linked to illnesses such as asthma, COPD, lung cancer, irritation of airways, headaches, nausea and lethargy.
All employers have a duty under the Health and Safety at Work Act 1974 (“The HSWA”) to provide a safe and healthy work environment, which includes providing safe and healthy air quality, a duty which is supported by the Workplace (Health, safety and Welfare) Regulations 1992 (“The 1992 Regulations”). The 1992 Regulations state that “Effective and suitable provision shall be made to ensure that every enclosed workplace is ventilated by a sufficient quantity of fresh or purified air."
To assist employers in complying with their legal duties, a range of guidance already exists which employers should familiarise themselves with and implement where practicable.
The risk of different workplace pollutants will vary depending on the location and nature of each workplace and employers should carry out risk assessments to identify and monitor what pollutants their employees are most at risk from. Examples include:
Once employers have carried out a risk assessment, they should identify measures that they can take to decrease the risk of air pollutants and achieve good indoor air quality. Measures can include:
With an increasingly wider return to the workplace following Covid-19, indoor air quality should be high on an employer’s agenda and accounted for in health and safety budgeting. Hybrid working patterns can also usefully be deployed by employers to reduce vehicle movements and increased risks of harmful exposure, especially during peak travel times. Good ventilation also remains one of the key controls for employers to control the spread of COVID-19 in occupational settings.
Following the conclusion of the Inquest into the death of Ella Kissi-Debrah the Coroner issued prevention of future deaths reports. This prompted the Government to announce that it was targeting late 2022 for the introduction of new legal targets for particulate matter and other pollutants, as well as developing more sophisticated population exposure reduction targets to drive reductions, not just in pollution “hotspots”, but in all areas. Employers are surely therefore likely to be called on to play their role in the fight to improve air quality, and this will likely only succeed with the introduction of cleaner technologies and vehicles, more energy efficient workplaces and hybrid working.
If you would like more information in relation to this or any regulatory risk topic, please contact our Business Risk and Regulation team for specialist legal advice.
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