How to Claim for Occupational Asthma

Occupational asthma is a serious and potentially disabling condition caused by exposure to harmful substances in the workplace. If you’ve recently been diagnosed, understanding your rights and your employer’s responsibilities is essential. In this short guide, we explore the common causes of this condition and the key steps to take to protect your legal rights.

What is occupational asthma?

It’s a type of asthma caused or worsened by exposure to substances in the workplace, such as chemicals, dust, fumes, or allergens. It develops after repeated exposure and can lead to symptoms like wheezing, coughing, shortness of breath, and chest tightness, particularly during or after work. Early diagnosis and avoidance of the triggering substance are crucial to prevent long-term lung damage and improve quality of life.

Common causes of occupational asthma in the workplace

Occupational asthma can arise in various workplace environments where individuals are exposed to airborne irritants or allergens. Understanding specific scenarios where such exposure is likely can help in the early identification and prevention of the condition.

Workers most at risk include those involved in:

• Spray Painting and Coating Work – Spray painters, particularly in automotive or industrial settings, may be exposed to isocyanates found in paints and coatings. These chemicals are a well-known cause of occupational asthma due to their high sensitising potential.
• Baking and Food Processing – Workers in bakeries and food manufacturing often handle flour and enzymes, which can become airborne and act as allergens. Repeated exposure to flour dust is a common cause of ‘baker’s asthma’.
• Cleaning and Janitorial Work – Cleaners are frequently exposed to strong cleaning agents, including ammonia and bleach, which can irritate the airways. The use of aerosol sprays and disinfectants can increase the risk of developing asthma symptoms.
• Woodworking and Carpentry – Wood dust from cutting, sanding, or processing certain types of wood can trigger allergic reactions and asthma. In particular, hardwood dust is associated with increased respiratory risks.
• Laboratory and Medical Settings – Healthcare workers and lab technicians may be exposed to latex gloves, disinfectants, or powdered chemicals that can provoke asthma symptoms. Sensitisation to natural rubber latex is a known issue in these environments.
• Agriculture and Farming – Farmers and agricultural workers can inhale organic dust from grain, hay, or animal dander, which may contain moulds and bacteria. These bioaerosols are common triggers of occupational asthma in rural settings.
• Welding and Metalwork – Welders are exposed to metal fumes and gases such as ozone and nitrogen oxides. These substances can cause airway inflammation and lead to asthma, especially in poorly ventilated workspaces.

Protecting spray painting workers

Employers must protect spray painters from respiratory sensitisers such as isocyanates, commonly found in paints and foams. In line with the Safety, Health and Welfare at Work Act 2005, they must conduct detailed risk assessments, install local exhaust ventilation, and provide appropriate personal protective equipment (PPE), including respiratory protective equipment (RPE). Workers must receive proper training, and employers must maintain a written safety statement and implement health surveillance to detect early signs of occupational asthma.

Protecting baking and food processing workers

In bakery and food manufacturing settings, workers can be exposed to airborne flour dust and enzymes like amylase. Employers are legally required to assess and control these risks by improving ventilation, using enclosed mixing systems where possible, and providing RPE. Training must be given on handling allergens safely, and health surveillance should be in place. These measures comply with both the 2005 Act and related chemical agent regulations.

Protecting cleaners and janitorial workers

Cleaners may inhale harmful vapours from agents like bleach, ammonia, or disinfectants. Under Irish law, employers must evaluate these hazards, use safer product alternatives, ensure good ventilation, and provide suitable PPE. Employees should be trained on safe usage and informed of risks. A current safety statement and a health surveillance programme are also mandatory for compliance and protection.

Protecting woodworkers and carpenters

Wood dust, especially from hardwoods, is a recognised respiratory sensitiser. Employers must carry out risk assessments, install dust extraction systems (for example, LEV), and ensure workers use RPE when exposure can’t be eliminated. They must provide training on safe work practices, maintain an updated safety statement, and offer regular health monitoring. These duties are set out under the 2005 Act and Chemical Agents Regulations.

Protecting laboratory and medical workers

In health and lab environments, staff may be exposed to latex proteins, animal dander, and chemical disinfectants like glutaraldehyde. Employers are required to assess and manage these risks by substituting safer alternatives (for example, latex-free gloves), installing fume hoods or ventilation systems, and providing RPE. Training and clear hazard communication are essential. Regular health surveillance and a documented safety statement are also legal requirements.

Protecting agricultural and farm workers

Farm workers are frequently exposed to organic dust, moulds, animal dander, and other bioaerosols. Employers must carry out risk assessments, reduce dust exposure through ventilation or mechanisation, and provide PPE, including RPE. Training on safe handling of materials and regular health checks are necessary. All measures should be recorded in the workplace’s safety statement, in line with legal obligations.

Protecting welding and metal workers

Welders can inhale metal fumes and gases like ozone and nitrogen dioxide, which pose a high asthma risk. Employers must evaluate welding tasks, provide fume extraction systems, and ensure the use of RPE. Training on the hazards and safe working procedures is required. Health surveillance must be in place, and a safety statement outlining all controls and policies must be maintained under Irish health and safety law.

Steps to take following a diagnosis of occupational asthma

If you’ve been diagnosed with occupational asthma and suspect that employer negligence may be to blame, it’s crucial to take prompt action to protect your health and uphold your legal rights.

1. Inform Your Employer – Notify your employer in writing as soon as possible. This gives them an opportunity, and a legal obligation, to review your working conditions, make adjustments, and prevent further harm.
2. Engage Occupational Health Services – Request a referral to an occupational health specialist (if one is not already involved). They can assess your condition in the context of your job and may recommend changes to duties, environment, or equipment.
3. Avoid Further Exposure – If advised by a medical professional, take immediate steps to avoid further exposure to the triggering substance. This may involve temporary redeployment or time off work.
4. Request a Risk Assessment Review – Ask your employer to review their risk assessments under the Safety, Health and Welfare at Work Act 2005. They are legally required to do this if a health issue arises, and to implement additional control measures if necessary.
5. Keep Records – Document your symptoms, medical appointments, work conditions, and any correspondence with your employer. This will be valuable if you need to support a legal or compensation claim.
6. Report to the Health and Safety Authority – If your employer fails to take adequate steps to protect your health, you can file a confidential complaint with the HSA, who can investigate and enforce corrective action.
7. Seek Legal Advice – Contact a personal injury solicitor or a legal advice service. You may be entitled to claim compensation through the Injuries Resolution Board for medical costs, lost income, and ongoing health impacts due to employer negligence.
8. Claim Social Welfare Supports (if needed) – If your asthma prevents you from working, you may be eligible for Illness Benefit, Disability Allowance, or other supports from the Department of Social Protection.

Considering bringing a claim for occupational asthma?

If you’ve developed occupational asthma as a result of exposure to chemicals, dust, fumes, or allergens in the workplace, you may be wondering whether you’re entitled to pursue a personal injury claim. At McCarthy + Co Solicitors, our experienced personal injury team has a strong track record of successfully representing clients in claims against negligent employers. To discuss your case in confidence, simply complete our quick and secure online form to arrange a consultation with one of our solicitors.