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#1 Posted : 17 November 2006 11:29:00(UTC)
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Posted By Descarte
If an employee during the normal course of his work, wearing his PPE, is involved in an incident to which his personal belongs or cloths are broken or ruined, does the company have a duty to re-inburse for their loss.

Ok the whole story as im sure it will help:

Person is unloading chemical and gets splash in their eye of corrosive material through no fault of their own (safety glasses are being worn). Eyewash used and contacts lens removed, sent to A&E just incase when checks show no harm done. However on inspection contact lens has been totally ruined and needs to be replaced. Goggles to be used for future operations to prevent this.

However who should be paying for his new contact lens, I would have thought the company has a duty to, however there seems to be disagreement. Is this a moral obligation or a legal one, as if I can site a legal requirement then that would be super.

Any help would be much appreciated

Des
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#2 Posted : 17 November 2006 11:41:00(UTC)
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Posted By cara
My opinion would be the company definitely for not provide suitable eye protection for the job in the first place!
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#3 Posted : 17 November 2006 11:42:00(UTC)
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Posted By NeilM Poyznts-Powell
Hi,

I would have thought that the organisation should replace the damaged contact lens.

This may reduce the risk of the employee taking further recourse to the legal system. The main question the business should ask is if the employee was wearing the right equipment in line with training and procedures, was the eye protection appropriate to the hazard? If not I would expect that they could be found to be negligent. Was there a risk assessment in place for the eye protection?

Regards,

Neil
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#4 Posted : 17 November 2006 11:43:00(UTC)
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Posted By J Knight
I'd guess there might be a civil liability here, supported by breach of statutory duty. But as always the problem with civils is that the only way to compel payment is court.

Pretty sure there is no statutory duty to pay for collateral damage caused by arguably inadequate PPE, but IANAL and there are people posting here who know a lot more about the law than me...

John
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#5 Posted : 17 November 2006 11:50:00(UTC)
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Posted By Stupendous Man
Moral obligation only - and cara has made a good point about the sufficiency of the PPE.

Payment may also avoid the potential for civil action, but will not eliminate completely.
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#6 Posted : 17 November 2006 11:50:00(UTC)
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Posted By Glyn Atkinson
Pardon me for seeming harsh in this reply, but what good are goggles if the "corrosive" liquid splashes the face and skin?

Yes, no blindness, hopefully, but facial scarring of any description would be for life.

Can this liquid then get inside the clothing to burn the body?

Why is it being poured / moved above eye level anyway?

Is a chemical suit and some form of mechanical tipping device that isolates the worker required? Can this process be done at a distance through a mechanical tipper system?

The full activity required a back to basics risk assessment for ALL possible workers, not just someone wearing contact lenses.

Would you wear lenses if there was a risk of them plasticising to your cornea and causing blindness that way?

Many questions to be answered, but yes, I would be looking for monetary compensation for losses incurred if it were me claiming, especially where no proper assessment or safe working method were in place, and I think that any good solicitor would get that and more back in compensation.
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#7 Posted : 17 November 2006 11:56:00(UTC)
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Posted By Paul Duell
There must be a Tort Breach of Statutory Duty here:

Duty owed - yes, it's an employee

Duty breached - yes, if the contact lens was damaged by the chemical then the PPE wasn't adequate to protect the eye

Loss or damage suffered as a result of the breach - loss or damage doesn't only apply to injury, the employee in this case has lost the value of their contact lens.

If I was advising the employer, I'd point out the above and say "We're going to lose if the employee sues us, so let's just pay for the damaged lens and get it over with".
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#8 Posted : 17 November 2006 12:17:00(UTC)
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Posted By Descarte
Checmial was being pumped from an road tanker to a 100litre IBC via pump on the lorry. Pump bleched at the end and this resulted in a splash from the IBC. Safety glasses and coveralls are standard PPE for the production yard, however this is to be revised for these tasks to include a requirement for safety goggles to be worn.

We had a related incident in the US where an employee was doing a similar task whilst wearing a face shield, the cheical splash hit his chest and splashed up behind the face shield.

The pH of the liquid was 9-12 as stated on the MSDS im not sure that this would cause instant burns and scaring to the skin before he would have time to reach one of the many safet yshowers in the area, however I would prefer more so not to get it in my eye.

COSHH and risk assessments had been performed on this and all yard activities and had determined that safety glasses would have been sufficient in the supervising of a offload. The person was not handling or tipping any chemicals or materials. Obviously this is being revised so that this task requires use of goggles.

Thank you for your concern and bikery Glyn, our risk assessments do cover all possible workers involved in the activites and have been revised. And we do have proper assessments and safe systems of work in place.

The comment as well about the risks of wearing contacts lenses and chemicals is also unfounded, and in this case may have even prevent damage from occuring.

That aside I am very greatful for the constructive and helpful responses and I will advise this employee myself to seek re-imbursment for the damage to his belongs to which he recieved (though he did not receive any physical damage apart from some slight discomfort and a 3hour wait in A&E)

Thanks

Des
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#9 Posted : 17 November 2006 17:41:00(UTC)
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Posted By Merv Newman
Apart from the various comments on risk assessments and tightening up protection and procedures, i have always counselled against contact lenses in a chemical environment. The soft ones can absorb fumes and then hold the contaminant against the eyeball until pain or damage is detected.

And why did the pump "belch" ?

Merv
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#10 Posted : 18 November 2006 23:24:00(UTC)
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Posted By Bennie
If there is any potential for chemical splash, then contact lenses should not be worn in the workplace.

Reasons? If the contact lense does not melt onto the iris - causing severe damage, the act of irrigation may not remove any residue from behind the lense - again leading to damage.

Come on - losing ones sight must be horrendous!!

A fairly accurate risk assessment would surely highlight these dangers.

Pay up and count yourself lucky you are only paying for the claim of the lenses. also ensure this is taken on board for anyone else who may be affected.

Bennie
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#11 Posted : 19 November 2006 13:09:00(UTC)
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Posted By Bennie
My apologies Descarte - after reading the thread again I now see that the lenses were not being worn at the time. Please excuse my rant.
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#12 Posted : 19 November 2006 21:49:00(UTC)
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Posted By Jay Joshi
The "myth" concerning the dangers associated with wearing contact lenses in a chemical environment has been largely countered by :-


http://pubs.acs.org/cen/safety/19980601.html


http://pubs.acs.org/hota.../chas/97/mayjun/con.html


Through a number of editions of "Safety in Academic Chemistry Laboratories," the American Chemical Society Joint Board-Council Committee on Chemical Safety has recommended that contact lenses not be worn in the chemical laboratory. For several years, the Committee on Chemical Safety, through its subcommittees, and the Division of Chemical Health & Safety, through symposia and the magazine Chemical Health & Safety, have been studying the wearing of contact lenses in the chemical laboratory.

Contrary to the widely held beliefs concerning the dangers associated with wearing contact lenses in a chemical environment, there is no published evidence to support that belief. After detailed studies concerning the use of contact lenses in a chemical environment, the Committee on Chemical Safety has revised its recommendation regarding their use. The new statement will be included in the next and future editions of "Safety in Academic Chemistry Laboratories." Following is the new recommendation on wearing contact lenses in the chemical laboratory, especially the academic laboratory:

"In many workplaces where hazardous chemicals are used or handled, the wearing of contact lenses is prohibited or discouraged. A good number of these prohibitions are traceable to earlier statements in this book that were based on rumors and perceived risks. A careful study of the literature by knowledgeable consultants has refuted these risks. Recent studies and experience have suggested that, in fact, contact lenses do not increase risks but can actually minimize or prevent injury in many situations.

"Because of the ever-increasing use of contact lenses and the benefits they provide, the American Chemical Society Committee on Chemical Safety, having studied and reviewed the issue, is of the consensus that contact lenses can be worn in most work environments provided the same approved eye protection is worn as required of other workers in the area.

"Clearly, the type of eye protection needed depends upon the circumstances. It should be stressed that contact lenses, by themselves, do not provide adequate protection in any environment in which the chance of an accidental splash of a chemical can reasonably be anticipated. Appropriate eye protection in accordance with the Personal Protective Equipment Standard (29 CFR 1910.132 and 133) and ANSI Z87.1a-1991 should always be worn in such situations."
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