Problems with the law

Safety campaign charity the British Safety Council points out that although employers have a general duty of care for their employees’ health, safety and welfare, the legal obligation on employers to monitor and control ambient air pollution inhaled by their outdoor workers remains ambiguous. WELs are a key tool for managing risks, but outdoor workers do not work in a workplace where a WEL can effectively operate.

Similarly, environmental laws seek to limit people’s exposure to air pollution. The World Health Organisation and European Union (EU) have exposure limits for nitrogen dioxide, sulphur dioxide and particulate matter and the UK Air Quality Standards Regulations 2010 implements an EU Directive. But there is no clear mechanism to create effective duty-holders or enforce such regulations.

The Trade Union Clean Air Network (TUCAN) and environmental campaign groups are calling for a new Clean Air Act (see pages 67-68).