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RMT helpline 0800 376 3706 :: february 2019 :: RMTnews
25
A bus driver has secured
£5,500 in compensation after
noxious engine fumes made
him ill and off work for
months.
The RMT member had to
stop the engine of a bus he
was about to drive after
noticing a burning smell.
He asked not to drive it
again because he suffers from
asthma, which was
exacerbated by the smell.
However, several months
later, he was asked to drive
the same bus again. His
employer rather than fix the
problem had tried to mask the
smell by attaching a fresh
board – used in urinals – to
the front of the vehicle. He
had to stop the bus early, was
sick and needed three months
off work.
He was unaware that there
had previously been a fire on
the bus and the engine had
not been repaired properly.
“I struggle to count the
number of times my employer
ignored my concerns about
my reaction to fumes over the
years,” he said. “With this bus
they tried to cover up the
issue, instead of ensuring the
bus was properly maintained.
I spoke with colleagues as I
started to wonder if it was
just me, but it turned out that
a number of them had also
complained about the smell.
“They’ve finally stopped
using the bus and, since then,
my condition has improved
significantly. I just don’t
understand why it took so
long for the change.”
He turned to RMT and
industrial disease experts,
Thompsons Solicitors, who
helped him secure £5,500 in
compensation.
“I don’t know what I would
have done without the
backing of my union and
Thompsons. “Having a
solicitor who actually listened
to and acted on my concerns
was refreshing and meant my
employer was held to account
for what it did,” he added.
RMT general secretary
Mick Cash said that it was
crucial that any transport
operator ensured that its
vehicles are regularly checked
and any faults are corrected
as soon as possible as failure
to do can put staff and, in
some cases, passengers at risk.
“Roland suffered for far too
long because of his employer’s
negligence and thankfully, his
union membership meant he
could get legal guidance and
100 per cent of his
compensation, free of charge,”
he said.
Shivani Vadukul, the
solicitor from Thompsons who
supported the member with
his claim, added that from the
onset of the claim, his
employer denied it was
responsible for the member’s
ill health.
“We investigated the issue
and quickly found that his
wasn’t true; there had been
almost 100 complaints from a
number of bus drivers about
the smell.
“The fact his employer
continued using the bus after
the fire demonstrated a lack of
care for health and safety.
Their continued reluctance to
address the problem following
complaints was particularly
concerning.
“In the end, the employer’s
poor attitude to health and
safety led to them losing a
costly, but avoidable, legal
battle,” he said.
LEGAL
Bus driver wins compensation after falling
ill because of fumes from a faulty engine
BUS FUMES
CAUSE SERIOUS
BREATHING
PROBLEMS