Lead poisoning prosecution

Lead poisoning is still an issue in some workplaces. Recently, a court heard that nine workers at a ceramic tile factory in North Wales had levels of lead in their blood above national safety limits putting them at risk of serious health problems.

The employees of a specialist firm (CBD of Denbigh) were tested after an issue came to light in February 2012 following a routine visit by the Health and Safety Executive (HSE). The company, which uses colour glazes containing lead in its tiling work, was today in April 2014 prosecuted by HSE at Llandudno Magistrates’ court after an investigation disclosed serious safety failings. The court heard that HSE’s routine inspection raised serious concerns about how CBD handled the control of lead during its manufacturing process.

Tests carried out on staff following the HSE inspection found three female workers had blood levels at or above the suspension limit – one of them significantly higher. The suspension limit is activated by law and means they should be withdrawn from working with lead until the concentration in their blood reduces naturally. Further to this, five other women and a man working at the site were found to be above the action level which alerts employers that a worker is approaching the suspension level. At this point the employer should investigate why this is happening and review its control measures.

It is well known that long term exposure to lead can cause serious health effects, including spontaneous abortion, still births and low birth weight before or during pregnancy. Other effects include anaemia, fatigue, headache, convulsions and paralysis.

The investigation by the HSE determined that the company failed to control its workers’ exposure to lead and failed to carry out a proper risk assessment for the work. It also did not measure the concentration of lead in the air to which employees were exposed. The firm also failed to provide medical surveillance for the workers and did not provide them with sufficient information and training.

CBD Ltd of Denbigh, pleaded guilty to five breaches of the Control of Lead at Work Regulations 2002 (CLAW) and was fined a total of £35,000 and ordered to pay costs of £23,271.

Speaking after the hearing, HSE Inspector Katherine Walker, said:

The effects of high levels of lead in the blood can be very damaging, especially for pregnant women or those planning to have babies.

CBD could easily have avoided exposing its workforce to this chronic toxin by following the regulations, having a proper risk assessment and making sure staff were monitored for lead in their blood on a regular basis.

Workers should not have to sacrifice their health for their jobs and this is why it’s vital that employers act on the regulations.

Recent HSE Statistics relating to Lead at Work Medical Surveillance

Under the Control of Lead at Work (CLAW) Regulations all workers with significant exposure to lead are required to undergo medical surveillance, although the decision to put workers under surveillance rests with
the employer. The regulations specify blood-lead concentration levels (µg/100ml) at which an appointed doctor is to decide if a worker should no longer be exposed to lead (suspension level).

According to the recent HSE statistics relating to medical surveillance for lead exposure at work, there has been an overall reduction in the number of British workers under medical surveillance for work with lead over the past decade. Women have consistently accounted for a small proportion of the total under surveillance, and the number of under 18 year olds under surveillance remains low.

The most recent medical surveillance data show:

• The total number of workers under medical surveillance fell by 47% from 7949 in 2011/12 to 4240 in 2012/13
• The industry sector with the highest number of males under surveillance was the lead battery manufacture sector, with numbers similar to previous years
• There were substantial reductions in the number of males under surveillance in a number of other sectors, including the smelting, refining, alloying and casting industry
• In 2012/13, 3 males had blood-lead levels of 60µg/100ml or above compared with 142 males in 2002/03
• There was a large increase in the number of females in the potteries, glazes and transfers sector, which in previous years had very low numbers under surveillance
• In 2012/13, 4 females had blood-lead levels of 30µg/100ml or above compared with 18 females in 2002/03
• There were 8 suspensions (4 males and 4 females) due to excess blood-lead levels in workers under surveillance in 2012/13