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What are the legal requirements?

The Health and Safety at Work Act 1974 requires you to minimise the risk of workplace injuries 鈥渁s far as is reasonably practicable鈥�. This includes taking steps to protect employees against severe allergic reactions.

The Control of Substances Hazardous to Health Regulations (COSHH 2002) requires businesses to assess risks capable of causing occupational illnesses.

Generally, an allergy may be treated as a disability if it severely affects an employee鈥檚 ability to work. In these cases, the Equality Act 2010 would apply. This makes it illegal to discriminate against workers on the grounds of disability and requires employers to make 鈥渞easonable adjustments鈥� to accommodate disabled employees.

Health and Safety (First Aid) Regulations 1981 require you to provide adequate and appropriate first-aid equipment, facilities, and people so your employees can be given immediate help if they are injured or taken ill at work. What is 鈥榓dequate and appropriate鈥� will depend on the circumstances in your workplace and you should assess what your first-aid needs are.

What You Must Do:

If an employee has serious allergies, you must help keep them safe at work. This will depend on the person鈥檚 allergy and their reaction history, so communicate directly with your employees with allergies to find out how you can best support them.

鈥� Carry out an individual workplace risk assessment for employees with allergies. Find out about their reaction history and what steps can be taken to ensure they can avoid their allergens in the workplace and where appropriate health surveillance measures may be required

鈥� Establish what controls are required to protect the health and wellbeing of all involved including the level of first aid cover required in the event of an accident or incident

鈥� Individuals with allergens should make their manager and colleagues aware in order to assist in case of emergency, and to help you avoid allergens. Always carry your medication with you. Teach others how to help you. Let them know how they can help protect and assist you

鈥� Ensure all staff know the signs of an allergic reaction and what to do in an emergency

鈥� Follow a safe system of work 鈥� define procedures and communicate controls; ensure people are trained, competent and supervised where needed

鈥� Use Personal Protective Equipment (PPE) - this may include face masks and gloves but must be the last resort. PPE must only be used in combination with other control measure

鈥� Make sure that appropriate first aid can be given should anyone suffer an allergic reaction. Your risk assessment should indicate whether there is a need for adrenaline / epi-pen due to a past reaction (mild or severe)

What You Should Do:

鈥� When an allergen is so severe, the person concerned may already have an action plan in place designed to facilitate first aid treatment of anaphylaxis, which can be delivered by people who do not have any special medical training nor equipment apart from access to an adrenaline autoinjector. It may be advisable to share any plans with first aiders, but always seek permission from the person with the allergy first

鈥� If the allergen is severe, apart from speaking to the employee you may also need to seek medical advice

鈥� If you think it could be work related ask your manager to refer you to Occupational Health

What You Could Do:

Consider the following topics, in relation to the activities being planned and/or undertaken;