Naylor v Volex Group Plc [2003] EWCA Civ 222 (14 February 2003)

Naylor v Volex Group Plc [2003] EWCA Civ 222 (14 February 2003)

The employer breached Regulations 6 and 7 of the Control of Substances Hazardous to Health Regulations 1994 by failing to reassess risk and implement local exhaust ventilation after being put on notice of the unreliability of previous exposure standards, and by failing to prevent or adequately control exposure to colophony fumes, resulting in liability for the claimant's industrial asthma.

Citation
[2003] EWCA Civ 222
Parties
Claimant/respondent: Yvonne Mary Naylor; Defendants/appellants: Volex Group PLC
Jurisdiction
England and Wales
Judgment Date
14 February 2003
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Employer's Statutory Duty, Control of Substances Hazardous to Health Regulations 1994, Industrial Asthma, Risk Assessment, Adequate Control of Hazardous Substances
Employment Law Health and Safety Law Personal Injury Employer's Statutory Duty Control of Substances Hazardous to Health Regulations 1994 Industrial Asthma Risk Assessment Adequate Control of Hazardous Substances

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Parties

Yvonne Mary Naylor

Claimant/respondent

Volex Group PLC

Defendants/appellants

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the employer breached Regulations 6 and 7 of the Control of Substances Hazardous to Health Regulations 1994
  2. 2 Whether the employer's risk assessment was adequate and timely
  3. 3 Whether exposure to colophony fumes was adequately controlled

Ratio Decidendi

The employer breached Regulations 6 and 7 of the Control of Substances Hazardous to Health Regulations 1994 by failing to reassess risk and implement local exhaust ventilation after being put on notice of the unreliability of previous exposure standards, and by failing to prevent or adequately control exposure to colophony fumes, resulting in liability for the claimant's industrial asthma.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs to be subject to detailed assessment if not agreed