ABC of Work Related Disorders: LEGAL ASPECTS
Authors: M. J F Davidson
Journal: BMJ (1996)

Reporting rates estimated at 44% by the labour |updated with effect from 1 April 1996, with modest changes from the force survey (injuries only); only 10% among self 1985 original.The list of reportable diseases has now been brought into Xemployed line with the list of prescribed diseases.Previously, only 28 conditions * Total of 504 cases (all reportable diseases) in |were listed, with many important omissions such as occupational 1994-5 dermatitis.An employer needs to report a case of occupational illness * *Mostcommon reported diseases- I Hand-arm vibration syndrome 305 cases only after being notified of the diagnosis by a doctor.Occupational asthma 74 cases l Data for RIDDOR are underreported for several reasons.Employers SWORD have no incentive to report, since to do so will often trigger a visit from |* Established in 1989 the enforcement authority.Neither the patient nor the treating doctor * Participants-British consultant chest physicians may realise that a condition is work related, and they may be unaware and occupational physicians |of the need to inform the employer of the diagnosis. * Patcpto ae 2The Health and Safety Commission, which collates and publishes * Toa of30 ae epre n19 these figures annually, commissioned a labour force survey in 1990.I* Most common reported diseases: Thssre siae htol hr frpral lns satal Asthma 968 cases (29%) Thssreesiaethtolathrofrpralilnsisculy Mesothelioma 643 cases (19%) reported and that 2.2 million cases of work related illness had occurred Benign pleural disease 735 cases (22%) in the preceding year.A further survey is in progress, with broader data |EPI-DERM |collection, and is to be published in 1997.|*Established in 1993l |* Participants-British consultant dermatologists |Voluntary reporting and occupational physicians Good data are vital if the extent of occupational disease is to be * Participation rates 67% recognised and a strategy formed for prevention.Two successful * Total of 3449 cases reported in May 1994 to voluntary schemes are the SWORD (surveillance of work related and April '95 * Most common reported diseases:occupational respiratory disease) and EPI-DERM (occupational skin Contact dermatitis 2722 cases (79%) disease) projects.Their data suggest a much higher burden of disease (especially related to nickel and to rubber/ than other sources.From 1 January 1996 these schemes are combined thiuram, particularly among female cases) within OPRA (occupational physicians reporting activity), which is also intended to collect data on musculoskeletal injuries, hearing loss, and any other serious illness, particularly neurological or psychological.* The codirectors of a plastics company, Norman Grangemouth Refinery in 1988 which resulted in three fatalities.and David Holt, were prosecuted in 1988 after a worker had died from falling into a machine.ThisWhen a fatal accident has occurred, the Crown Prosecution Service was the first individual prosecution of company m directors for work related manslaughter-Norman 3may also brig case for manslaughter.Despite there having been Holt received a suspended sentence 3369 work related deaths reported in the past 10 years, only three * The managing director of OLL Ltd, Peter Kite, employers have been convicted of manslaughter.The law in this area received the first immediate custodial sentence of is very confused, prompting the Law Commission to propose a new two years.Four teenagers drowned during a general offence under this heading.Corporate liability has been held canoeing trip across Lyme bay in 1993, and Kite only in small companies where the "directing mind" is easily was found in criminal neglect of his duty.The identifiable as one person.In a large business like P & 0, that may be cmand fined £60 000 impossible.At Zeebrugge on 6 March 1987, 188 people died when the * The trawler Pescado sank off Falmouth in 1991 ferry Herald ofFree Enterprise capsized.Charges failed because no single with the loss all six crew.The managing agent, senior individual was found sufficiently at fault.Private prosecutions Joseph O'Connor, was acquitted of manslaughter were brought after 51 people died when the pleasure cruiser charges but found guilty of gross negligence, with Marchioness sank in 1989 and after the explosion on the oil rig Alpha a three year sentence, in 1996 1 * Jackson Transport (Ossett) Ltd and its director, Piper that killed 167 people.In both cases the actions failed.Alan Jackson, currently face manslaughter charges after the death of an employee Effect of European Commission directivesEvolution of health and safety legislationEarly, risk specific legislation * Wool, Goat Hair and Camel Hair Regulations 1905