Employers’ Liability claims insights: ELTO silicosis searches up by 64%
This article looks at new data on claims activity relating to silicosis, a lung disease caused by respirable crystalline silica (RCS), and how employers can comply with regulatory requirements and so reduce the risk of employers’ liability claims.
What is it?
Silica is a natural substance found in most rocks, sand, clay and products such as bricks, concrete and engineered stone. When silica-containing material is drilled, cut, sanded or otherwise worked upon, dust may be released. Inhalation of this dust can cause silicosis, a disease of the lungs causing inflammation and - longer term - scarring of the lung tissue, which may then give rise to a range of respiratory problems. The condition is a particular concern in the construction industry.
A growing concern
Over recent years, there has been no shortage of articles forecasting an increase in silicosis litigation in the UK, often drawing parallels with asbestos related disease. There has, however, been a paucity of data available to accurately assess the impact that silica dust exposure is having on the estimated 600,000 UK workers who are exposed to it in the workplace. Silicosis usually takes some years to develop although exposure to silica dust can result in an acute form of silicosis that may develop and prove fatal within months of exposure.
The All Party Parliamentary Group for Respiratory Health's 2020 report on silicosis found that injuries arising from RCS are significantly under-reported in the UK and its incidence may be masked by secondary illnesses such as heart failure, lung cancer, and chronic obstructive pulmonary disease.
Despite this, new data, obtained by Zurich from the Employers’ Liability Tracing Office (ELTO) does indicate an upward trend in claims activity. The number of claimant enquiries per year including the term ‘silicosis’ received by ELTO increased by over 64% in 2021 compared to the prior year. This represents an approximately three-fold increase on the level of searches typically received in the 2016-2019 period. Year-to-date figures for 2022 show that the increasing trend is continuing; projecting these figures forward to a full year equivalent would suggest a further increase of 56% compared to the 2021 equivalent.
Protecting employees
Against this backdrop, businesses in silica exposed industries like construction, quarrying, foundries and stone masonry will want to know how to manage the risks of exposure to ensure the health and wellbeing of employees and also help protect themselves from possible future claims.
In the UK, The Control of Substances Hazardous to Health Regulations 2002 (COSHH) sets a legal limit for workplace exposure to RCS. If exposure cannot be avoided, then to comply with COSHH employers need to:
- conduct, review regularly and retain records of risk assessments if there are more than five employees
- consider using alternative materials with lower RCS content
- inform employees of significant findings arising from risk assessments
- prevent or control exposure by following best practice controls to keep exposure below the exposure limit, for example local exhaust ventilation or process enclosure
- consider use of dust suppression techniques such as water sprays
- where needed, provide personal protective equipment such as respiratory equipment, ensuring face fitting is undertaken with issuance records retained
- maintain all equipment in accordance with manufacturers' instructions and keep records of all such activity
- provide information, instruction and training for all employees on the risks associated with task, equipment and risk controls, ensuring that records are retained showing that the training occurred
- implement an occupational health surveillance programme - lung function tests and/or air sampling/monitoring - for employees regularly exposed to silica dust. Retain corresponding records for at least 40 years.
Helpful tools
Zurich can help understand how RCS arises and its implications, as well as assisting with risk assessments and the ongoing need to ensure requirements are met, including through the use of air monitoring. For more information speak to your usual Zurich contact or email zrs.enquiries@uk.zurich.com.
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