The sole trader was prosecuted by the UK Health and Safety Executive (HSE) after an inspection was carried out to ensure that exposure to isocyanate containing paints, which are main cause of occupational asthma, were at safe levels for the employees and that the building met the established standards.
The owner failed to provide the HSE with proof to demonstrate that his legal duties had been complied with, so the following Improvement Notices were issued:
- Improvement Notice I/300414/EW1, which required health surveillance to be provided to any employees exposed to isocyanates(which can cause respiratory sensitisation).
- Improvement Notice I/300414/EW2 required a thorough examination and test of the spray booth to ensure that it continues to adequately control the exposure of employees to substances hazardous to health.
The court was told that the business owner had been given a number of opportunities to comply with the Improvement Notices but had failed to do so. He was fined a total of £4,000 and ordered to pay costs of £1,600 after pleading guilty of breaching Section 33(1)(g) of the Health and Safety at Work etc. Act 1974.