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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75042
Experience:  Qualified Solicitor
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I smell hidrogen sulfide at my work that is very close to a

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Hi. I smell hidrogen sulfide at my work that is very close to a bio site. No ppe aquitment provided
JA: Where are you? It matters because laws vary by location.
Customer: Lincolnshire england
JA: What steps have you taken so far?
Customer: None
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I've been suffering from dizzyness headaches and eyes sting. Also notice I'm very ichy

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

What do you specifically want to know about this? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can. Thanks

Ben Jones and 5 other Law Specialists are ready to help you
Customer: replied 6 days ago.
Hi Ben, I've been smelling h2s at work this has given me headaches dizzyness and stings my eyes. My work place has never mentioned any safety plan and I'm concerned on my health at work

Employers have general obligations under law to look after the health, safety and wellbeing of their workers and they must do whatever is considered reasonably practicable to achieve this. Many of these originate from The Health and Safety at Work Act 1974 and The Management of Health and Safety at Work Regulations 1999, which include the following obligations:

- Provide a safe place of work, including safe environment, plant and systems

- To carry out various risk assessments and to control any identifiable risks

- Provide adequate training for any health and safety related tasks

- Provide adequate facilities for staff welfare at work

Under common law, the employer also has an implied duty to provide reasonable care of its workers and that includes the more general obligations of preventing hazards, injury or death.

If there are concerns with health and safety risks or breaches in the workplace, the first step would be to raise a formal grievance to officially bring the issues to the employer’s attention. The outcome of the grievance can be appealed if it is not satisfactory.

If the grievance does not help resolve the issues, it is worth checking whether there is a formal health and safety reporting policy which can be used to make a formal report to the employer, or other appropriate body. The Health and Safety Executive (https://www.hse.gov.uk/) is the central enforcing body for health and safety laws, so any breaches of health and safety can also be reported to them if necessary.

If the employer fails to take the necessary steps to deal with any obvious health and safety issues, or whatever they have done is unreasonable and wholly inadequate, it is also possible to take further action under Sections 44 and 100 of the Employment Rights Act 1996. These provide certain legal protection where employees refuse to come into work because they genuinely believe they are going to be exposed to a serious and imminent danger. If an employee relies on this protection, their employer should not penalise them in any way and if they do, they could potentially challenge it further in the Employment Tribunal.

Finally, if the employee believes that they can no longer continue working there as a result of these issues, they could even consider resigning and making a claim for constructive dismissal in the Employment Tribunal.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Hello, I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.