Metalworking Fluid Mass Tort Litigation: Powertrain Group
Just when you thought our LAW MONTH news couldn't get any worse, read this. Around Ester 2003, some employees within the engine-making division of MG Rover (Powertrain) in Ongbridge, Birmingham started to develop breathing difficulties. They were suffering headaches, coughs, shortness of breath, fatigue and rapid weight loss. When they were signed off work they started to improve, only to deteriorate on their return to work. Concerns were raised by the workforce to their union, and local GPs that their symptoms might be work related. The Birmingham Chest Clinic, together with the Health and Safety Executive, undertook an investigation to establish the cause of the problem. By the summer of 2004, more than 100 employees had been diagnosed with work related respiratory disease. Following a 7 year legal battle, 79 claimants who brought claims for compensation following the largest known outbreak of occupational lung disease have settled their claims in an out of court. Under the Control of Substances Hazardous to Health legislation (COSHH) an employer must prevent exposure to hazardous substances. Where prevention is not possible, exposure should be kept to a minimum and further safeguards are required such as machine design, extraction and ventilation, providing personal protective equipment and health surveillance.