| 17.0 Reporting The Disease 17.1 Industrial Diseases Notification Act 1981 HS [25] Where a person at work suffers from one of 28 disease specification in schedule 2 of regulations and the type of work falls into categories specified alongside, they must send a F2508A form to the enforcing Authority, which may be the Department For Health and Social Security, the Health & Safety Executive. It must be therefore a Prescribed Industrial Injury or Disease ( Chap 15.0). 17. 2 RIDOR Reporting Of Injuries Diseases Occurrences Regulations [26] New regulations that have recently been brought to light by the HSE. 1995. If an injury occurs and the employee must take 3 days or more off work, form F2508 has to be filled, as previous. If the doctor decides that the employee suffers from a reportable disease or work related disease, a form F2508A has to be sent to environmental health and Department of Health and Social Security and Health and Safety Department. These occupations(related to horticulture) include: retail/wholesale sports and leisure. The types of dermatitis must fit the following criteria: Chrome ulceration, Folliculitis Skin Cancer, Malignant Disease It must be: "An unexpected happening or incident, which has occurred at work, and have occurred in the following ways: Due to electromagnetic radiation Or from fungal spores that have been inhaled" . 17.3 EMA's Employment Medical Advisers [27] Have a duty to check investigate and report on all prescribed injuries and diseases reported to the statutory authorities. In their opinion, "If an employees health has been, is being, or will be injured because of the nature of work, a written notice must be given, noting the date of the examination". These dangers to health must be an environmental hazard or have physical attributes, so plants are not generally covered. The object is to supervise the Health of employees and identify adverse affects on employees health due to work related causes. Section 2 of the HS At Work Act '74 imposes a duty on employers to ensure health of employees as far as reasonably practicable. During employment, steps must be taken to ensure the situation is continually assessed to take account new substances and changes in the work practices. The employer must also ensure the processes encountered by the employee do not pose a risk to health. They are also required to make a suitable assessment of the risks created by any substance under COSHH. 18.0 Problems Associated With Reporting Dermatitis The problems associated with reporting this affliction are immediately apparent. Dermatitis from plants, is caused over a long period of time, or inflames from normal contact. This is not classed as an injury or accident, unless someone trips and falls into a bed of nettles and suffers severe trauma, The only disease that nominally relates to horticulture is the inhalation of fungal spores, (Chap 17.2) and those causing internal damage. Also the substances contained in plants are trapped within them, if these chemicals were concentrated , they would be covered by all sorts of laws and regulations, but as they form part of an organic and non industrial object, it is not classed a danger or covered by any laws. It cannot therefore be reported and so medical advisers hands are tied when it comes to isolating plants and providing advice. Someone who contacts dermatitis from a plant, therefore is in a grave predicament, he may have to give up work for a period, he or his employer is not obliged to report the disease. Therefore he cannot claim compensation, as it is not reportable. This is an irresponsible situation of the government to have taken, and must change immediately, so that as the horticulture industry increases, and the number and severity of cases increase, that proper advice and care can be taken of workers rights, and plants. It is inconceivable that 200 other industrial diseases are reportable, whereas plant dermatitis, the most common affliction goes unnoticed. It does not allow detailed compilation of case distribution for analysis, which hinders successful treatment. Dermatitis In the Horticulture Industry By James M. Burton In Association With Pencoed College Copyright 1997 |
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