COSHH failures lead to £280k fine following HSE asthma prosecution

The Health and Safety Executive (HSE) has recently prosecuted Cardiff University following a serious failure to manage workplace exposure risks, resulting in a £280,000 fine after two employees developed occupational asthma.

The case centres on prolonged exposure to animal allergens in laboratory facilities, with HSE finding that the university failed to adequately assess and control risks over a 15-year period, between 2008 and 2025. Both employees affected have been left with permanent, life‑changing health conditions, with one unable to continue in their role. Occupational asthma is a well-recognised outcome of exposure to sensitising substances and can have serious and irreversible consequences for those affected.

At its core, this is a case about fundamental COSHH failures. HSE concluded that the risks were not properly identified or controlled, despite long‑standing legal requirements under the Control of Substances Hazardous to Health Regulations 2002 (COSHH) and clear sector-specific guidance being available for over a decade.

The prosecution was brought under section 2(1) of the Health and Safety at Work etc. Act 1974, with the court imposing a fine of £280,000 alongside costs. Crucially, the enforcement response reflects not a single incident, but a systemic failure sustained over many years, which HSE described as “truly concerning”.

From a regulatory perspective, this case highlights a recurring issue: chronic exposure risks are often under‑recognised because they develop gradually. Unlike acute incidents, occupational disease cases can arise from repeated low-level exposure over time, making robust risk assessment, monitoring and review essential.

It also reinforces a key enforcement reality. Regulators will not hesitate to act where organisations have failed to implement basic, well‑established control measures, particularly where vulnerable workers are exposed to known hazards. The existence of guidance and long‑standing legal duties removes any credible defence based on uncertainty.

From a compliance standpoint, the expectations are clear. Organisations working with hazardous substances must ensure that COSHH assessments are suitable and sufficient, and exposure is either prevented or adequately controlled, not simply documented at a point in time.

More broadly, the case underlines the importance of understanding how regulators think and act. Enforcement is increasingly focused on whether risk controls are effective in reality, not whether policies exist on paper. Where failures persist over time, penalties are likely to reflect both the severity of harm and the duration of non-compliance.

For dutyholders, the lesson is straightforward. COSHH compliance is not a static exercise, but an ongoing process requiring active oversight, challenge and adaptation. Where exposure risks are known and foreseeable, failure to act will increasingly be treated as a serious enforcement matter, particularly where it leads to lasting harm.

Further information: HSE press release https://press.hse.gov.uk/2026/05/01/cardiff-university-fined-280000-after-two-employees-develop-occupational-asthma/