Occupational asthma case

Early retirement was the only option for an engineer in the north of England whose career was ended due to illness caused by his employer’s lack of action on health and safety over many years.

From 2005 to 2017 Thompsons Solicitors client, Emmanuel Forgione, was a quality inspector on a production line at a firm which makes parts for some of the biggest names in the motor industry. 

He was responsible for production on a line of 68 machines which gave off a mist from the metal working fluids used that would seep into the factory air.

Emmanuel, a member of Unite, had a history of chest problems and told his managers that the mist and a lack of inadequate ventilation on the line were going to be an issue not only for him, but his colleagues too.

Change only eventually came in 2009 after the company was served with a ‘Notice of Improvement’ by the Health and Safety Executive (HSE) because of the metal working fluid issues. The company told the HSE that all machines using metal working fluid would be fitted with extraction, but this didn’t happen on the machines Emmanuel worked with in quality inspection until almost a decade later.

Emmanuel’s exposure continued and even increased, despite an agreement with his employers that they would take steps to see him less exposed. He was diagnosed with occupational asthma in 2016 by which time the condition was severely affecting his quality of life both at home and in work.

He said: “The number of people working on the line was shrinking, which meant those of us left had to do more. We felt duty bound to work nights to keep our jobs and the reduced staff on a night shift meant you just had to do whatever needed doing, regardless of the consequences. All this meant that, when I should have had less contact with the machines, I was actually getting more.”

He turned to Unite Legal Services and Thompsons Solicitors for legal support, who helped him secure £15,000 in compensation.

Clare Timmins, of Thompsons Solicitors, said: “For years the firm's occupational health provider knew Emmanuel had breathing problems, but did nothing to remove him from exposure. They even told the HSE they would take the necessary measures to improve the situation but failed to do so.

“Despite being in no doubt of what they should do after the HSE inspection and improvement notice, they did not make the workplace safe until the damage was done and the health of their staff was harmed forever.”

Emmanuel added: “Claire was excellent and kept me in touch every step of the way with my claim. I feel much better now that I am away from the place. My breathing has improved vastly and I’m out and about walking in the countryside again, which is great.”