It has been known for a long time that diesel fumes are dangerous to health. The focus of personal injury claims in this area to date has been in relation to respiratory illness. However recent studies suggest that exposure to diesel fumes increases the risk of other types of cancer and neurological illness. It is anticipated therefore that there will be a significant increase in these types of claims in the future.
What Are Diesel Fumes?
Diesel fumes, also known as diesel engine exhaust emissions (DEEEs) combine a mixture of particles, chemical molecules and gases of which particulates are easily inhaled into the respiratory tract.
DEEEs were classified by the International Agency for Research on Cancer (part of the World Health Organisation) as a “definite” carcinogen in 2012. This classification followed studies that showed that a person exposed to a significant amount of diesel fumes may have an increased risk of developing lung cancer.
DEEEs can also cause asthma and Chronic Obstructive Pulmonary Disease (COPD). Worldwide at least 38,000 people die every year from inhaling excess diesel emissions.
Exposure to Diesel Fumes at Work
There are, broadly speaking, two ways in which workers can be exposed to diesel fumes:
Significant Short Term Exposure
This can happen if you are involved in work where diesel fuel could be spilled, such as at an oil refinery, delivering diesel fuel or responding to a spillage of diesel as part of your work in the emergency services. This sort of exposure is likely to be significant and may cause irritation to the eyes and/or skin or short term breathing problems, such as exacerbation of pre-existing asthma.
Long Term Exposure
This sort of exposure is usually at a lower level and can occur if you work in close proximity to diesel fumes for long periods of time. Such exposure may cause respiratory illness such as COPD, asthma and even lung cancer.
Who Is at Risk?
Anyone working with or around diesel powered equipment or vehicles needs to be aware of the risks to which they are being exposed. Many roles in the workplace may expose employees to high levels of emissions, often exacerbated by confined spaces or inadequate ventilation.
Rail workers and miners could potentially be exposed as well as those who spend their working hours in car parks, depots, garages, warehouses or even fire stations. People who drive for a living such as bus drivers, HGV and taxi drivers and couriers are also at risk. Construction sites in particular may have a number of vehicles which run on diesel and regularly emit significant quantities of diesel fumes. If you are employed in vehicle manufacture or the vehicle service industry you may be frequently exposed to DEEEs as a result of testing diesel engines.
In relation to bus drivers, research has found that the increased risk of mortality from lung cancer and bladder cancer is 40% and 29% higher respectively. For lorry and HGV drivers the research has shown an increased risk of lung cancer of as much as 50-60% for those who had been driving for over 18 years.
Employees at risk are advised to:- Turn off engines when not needed
- Use a tailpipe exhaust extraction system
- Use work place air extraction
- Wear a mask
- Get proper training.
People who drive for long periods are advised to close the windows in their vehicle and to turn the engine off when not in use. Studies have found that ventilation settings in vehicles can reduce exposure by up to 75% and switching from open windows to closed windows, using recirculated air, can lead to a reduction of 32% of dangerous black carbon particulate exposure.
What Does the Law Say?
Whilst there is plenty of literature and warnings about the risks associated with exposure to diesel fumes there is at present very little information to provide an indication as to an established safe threshold level. Notably there is no occupational exposure limit for DEEEs in the UK.
The Control of Substances Hazardous to Health (COSHH) Regulations 2002 requires employers to carry out a suitable and sufficient assessment of the health risks that arise from exposure to hazardous substances.
The law also requires regular risk assessments of the potential level of exposure to fumes and the employer must identify and implement measures to control it. An employer might be expected to test the levels of diesel fumes in the area that you work and to provide extraction facilities to take away the fumes as well as a ventilated area in which to work and protective equipment such as masks.
If you have been diagnosed with a work-related disease or illness in the last 3 years our expert team of personal injury lawyers will be able to advise you. You can get in touch by either emailing info@tayloremmet.co.uk or calling 0114 218 4000.
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