References to occupational exposures
“Mission to the United
Kingdom of Great
Britain and Northern
Ireland”
The mission of the Special Rapporteur to the U.K. examined several worker rights-related issues.
For workers who develop diseases from exposures to toxic chemicals at work, compensation,
health care and other aspects of their right to an effective remedy can very often be unattainable.
It is calculated that less than 1 per cent of sick workers receive compensation in the United
Kingdom for non-asbestos-related occupational diseases.
(A/HRC/36/41/Add.1)
(2017)
While the Health and Safety Executive has conservatively estimated that approximately 13,000
new cases of occupational disease arise each year, including cancers related to chemical exposure,
alarming shortcomings in the United Kingdom compensatory system exclude many claimants due
to disability thresholds, minimum exposure times and lack of recognition of elevated risks due to
multiple exposures. The United Kingdom Industrial Injuries Advisory Council generally imposes
a non-legal, non-scientific “relative risk” test, which requires that the condition be twice as
common in the affected group as in the general population. Considering that this threshold is very
difficult to meet, fewer occupational diseases are officially recognized in the United Kingdom
compared with other countries that apply different criteria.
In an example dating back to the 1980s, farmers and agricultural workers who believe they were
affected by the use of organophosphate-based or “OP” pesticides in sheep dipping activities have
faced severe difficulties in accessing an effective remedy. At the time, the United Kingdom
Government ran a mandatory programme requiring farmers to chemically treat their sheep with
pesticides to combat sheep scab. Most farmers used organophosphate-based dips to comply, as
they were the only licensed products available initially. Organophosphate compounds were
initially developed as neurotoxic chemical warfare agents due to their ability to inhibit blood
cholinesterase activity.
Over the next two decades, farmers reported a range of debilitating health problems, which they
believed to be the result of poisoning from the organophosphate-based products, with symptoms
including nausea, anxiety, pulmonary oedema and long-term neurological damage. Victim
support groups compiled a list of more than 500 farmers believed to have suffered from ill health
as a result of their exposure, although campaigners claim the real number to run in the thousands.
Victims struggled to access appropriate treatment under the public health regime, as
organophosphate poisoning was not considered to be a medical condition. Some were allegedly
wrongly diagnosed as suffering from psychological issues and given medications that exacerbated
their suffering. A number of individuals who were medically tested by the Government claim
they experienced serious difficulties in obtaining the release of their medical records. The
difficulty in establishing causation between chronic ill health and the use of organophosphatebased pesticides has seen many legal claims fail.
In 2015, an internal report of the Health and Safety Executive of May 1991 was released under a
freedom of information request, which established that government officials had warned of the
dangers of exposure to organophosphate-based pesticides. Yet in the same month, the Minister of
Farming demanded that local authorities clamp down on farmers who refused to use the chemical.
The release of the internal report triggered calls by more than a dozen Members of Parliament for
Challenges faced by workers
•
Inaccessible
remedies, justice
and accountability
•
Deliberate efforts
to delay or obstruct
protection from
toxic exposure
•
Failures to realize
the right to
information
•
Limited progress in
prevention of
exposure
A/HRC/39/48
54
Report
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